PRINTER'S NO. 2176
No. 1770 Session of 1999
INTRODUCED BY FLICK, L. I. COHEN, DEMPSEY, DRUCE, ADOLPH,
ARGALL, BUNT, CAWLEY, CURRY, GEIST, JAMES, LAUGHLIN, MELIO,
PESCI, ROBERTS, RUBLEY, SCHRODER, SOLOBAY, WOJNAROSKI AND
YOUNGBLOOD, JUNE 23, 1999
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 23, 1999
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2 reenacted, "An act relating to alcoholic liquors, alcohol and
3 malt and brewed beverages; amending, revising, consolidating
4 and changing the laws relating thereto; regulating and
5 restricting the manufacture, purchase, sale, possession,
6 consumption, importation, transportation, furnishing, holding
7 in bond, holding in storage, traffic in and use of alcoholic
8 liquors, alcohol and malt and brewed beverages and the
9 persons engaged or employed therein; defining the powers and
10 duties of the Pennsylvania Liquor Control Board; providing
11 for the establishment and operation of State liquor stores,
12 for the payment of certain license fees to the respective
13 municipalities and townships, for the abatement of certain
14 nuisances and, in certain cases, for search and seizure
15 without warrant; prescribing penalties and forfeitures;
16 providing for local option, and repealing existing laws,"
17 further providing for possession, transportation and
18 importation of liquor or alcohol.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Sections 491(2), (3), (4), (8) and (11) and
22 492(10) of the act of April 12, 1951 (P.L.90, No.21), known as
23 the Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
24 No.14), are amended to read:
25 Section 491. Unlawful Acts Relative to Liquor, Alcohol and
1 Liquor Licensees.--
2 It shall be unlawful--
3 * * *
4 (2) Possession or Transportation of Liquor or Alcohol. For
5 any person, except a manufacturer or the board or the holder of
6 a sacramental wine license or of an importer's license, to
7 possess or transport any liquor or alcohol within this
8 Commonwealth which was not lawfully acquired prior to January
9 first, one thousand nine hundred and thirty-four, or has not
10 been purchased from a Pennsylvania Liquor Store or a licensed
11 limited winery in Pennsylvania, except [miniatures totalling
12 less than one gallon purchased by a collector of the same in
13 another state or foreign country, or] in accordance with the
14 board's regulations. The burden shall be upon the person
15 possessing or transporting such liquor or alcohol to prove that
16 it was so acquired. But nothing herein contained shall prohibit
17 the manufacture or possession of wine by any person in his home
18 for consumption of himself, his family and guests and not for
19 sale, not exceeding, during any one calendar year, two hundred
20 gallons, any other law to the contrary notwithstanding. Such
21 wine shall not be manufactured, possessed, offered for sale or
22 sold on any licensed premises.
23 [None of the provisions herein contained shall prohibit nor
24 shall it be unlawful for any person to import into Pennsylvania,
25 transport or have in his possession, an amount of liquor not
26 exceeding one gallon in volume upon which a State tax has not
27 been paid, if it can be shown to the satisfaction of the board
28 that such person purchased the liquor in a foreign country or
29 United States territory and was allowed to bring it into the
30 United States. Neither shall the provisions contained herein
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1 prohibit nor make it unlawful for (i) any member of the armed
2 forces on active duty, or (ii) any retired member of the armed
3 forces, or (iii) any totally disabled veteran, or (iv) the
4 spouse of any person included in the foregoing classes of
5 persons to import into Pennsylvania, transport or have in his
6 possession an amount of liquor not exceeding one gallon per
7 month in volume upon which the State tax has not been paid, so
8 long as such liquor has been lawfully purchased from a package
9 store established and maintained under the authority of the
10 United States and is in containers identified in accordance with
11 regulations issued by the Department of Defense. Such liquor
12 shall not be possessed, offered for sale or sold on any licensed
13 premises.
14 None of the provisions herein contained shall prohibit nor
15 shall it be unlawful for any consul general, consul or other
16 diplomatic officer of a foreign government to import into
17 Pennsylvania, transport or have in his possession liquor upon
18 which a State tax has not been paid, if it can be shown to the
19 satisfaction of the board that such person acquired the liquor
20 in a foreign country and was allowed to bring it into the United
21 States. Such liquor shall not be possessed, offered for sale or
22 sold on any licensed premises]. Nothing in this act shall be
23 construed to prohibit any person from possessing or transporting
24 within this Commonwealth any liquor or alcohol not purchased in
25 this Commonwealth for the exclusive purpose of consumption
26 within such person's private home.
27 Any person violating the provisions of this clause for a
28 first offense involving the possession or transportation in
29 Pennsylvania of any liquor in a package (bottle or other
30 receptacle) or wine not purchased from a Pennsylvania Liquor
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1 Store or from a licensed limited winery in Pennsylvania, with
2 respect to which satisfactory proof is produced that the
3 required Federal tax has been paid and which was purchased,
4 procured or acquired legally outside of Pennsylvania shall upon
5 conviction thereof in a summary proceeding be sentenced to pay a
6 fine of twenty-five dollars ($25) for each such package, plus
7 costs of prosecution, or undergo imprisonment for a term not
8 exceeding ninety (90) days. Each full quart or major fraction
9 thereof shall be considered a separate package (bottle or other
10 receptacle) for the purposes of this clause. Such packages of
11 liquor shall be forfeited to the Commonwealth in the manner
12 prescribed in Article VI of this act but the vehicle, boat,
13 vessel, animal or aircraft used in the illegal transportation of
14 such packages shall not be subject to forfeiture: Provided,
15 however, That if it is a second or subsequent offense or if it
16 is established that the illegal possession or transportation was
17 in connection with a commercial transaction, then the other
18 provisions of this act providing for prosecution as a
19 misdemeanor and for the forfeiture of the vehicle, boat, vessel,
20 animal or aircraft shall apply.
21 (3) Purchase of Liquor or Alcohol. For any person within
22 this Commonwealth, by himself or by an employe or agent, to
23 attempt to purchase, or directly or indirectly, or upon any
24 pretense or device whatsoever, to purchase any liquor or alcohol
25 from any person or source other than a Pennsylvania Liquor
26 Store, except in accordance with the provisions of this act or
27 the regulations of the board. This act shall not be construed to
28 prohibit any person from purchasing any liquor or alcohol
29 outside of this Commonwealth for the exclusive purpose of
30 consumption within such person's private home.
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1 [(4) Possession and Use of Decanters. For any person to use
2 decanters of alcoholic beverages except that the use of
3 decanters or other similar receptacles by licensees shall be
4 permitted in the case of wines and then only in accordance with
5 the regulations of the board, but nothing herein contained shall
6 prohibit the manufacture and possession of wine as provided in
7 clause (2) of this section.]
8 * * *
9 (8) Importation and Sales of Alcohol. For any person, to
10 import alcohol into this Commonwealth, or to sell alcohol to any
11 person, except in accordance with the regulations of the board.
12 This act shall not be construed to prohibit any person from
13 importing alcohol into this Commonwealth for the exclusive
14 purpose of consumption within such person's private home.
15 * * *
16 (11) Importation of Liquor. For any person, other than the
17 board or the holder of a sacramental wine license or of an
18 importer's license, to import any liquor whatsoever into this
19 Commonwealth, but this section shall not be construed to
20 prohibit railroad and pullman companies from selling liquors
21 purchased outside the Commonwealth in their dining, club and
22 buffet cars which are covered by public service liquor licenses
23 and which are operated in this Commonwealth. This act shall also
24 not be construed to prohibit any person from importing liquor
25 into this Commonwealth for the exclusive purpose of consumption
26 within such person's private home.
27 * * *
28 Section 492. Unlawful Acts Relative to Malt or Brewed
29 Beverages and Licensees.--
30 * * *
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1 (10) Importing or Transporting Malt or Brewed Beverages
2 Without Tax Stamps. For any person, to transport within or
3 import any malt or brewed beverages into this Commonwealth,
4 except in accordance with the rules and regulations of the
5 board, or for any person to transport malt or brewed beverages
6 into or within this Commonwealth, unless there shall be affixed
7 to the original containers in which such malt or brewed
8 beverages are transported, stamps or crowns evidencing the
9 payment of the malt liquor tax to the Commonwealth: Provided,
10 however, That this clause shall not be construed to prohibit
11 transportation of malt or brewed beverages through this
12 Commonwealth and not for delivery therein, if such transporting
13 is done in accordance with the rules and regulations of the
14 board. This act shall also not be construed to prohibit any
15 person from purchasing malt or brewed beverages outside this
16 Commonwealth, or from possessing or transporting these beverages
17 within this Commonwealth for the exclusive purpose of
18 consumption within such person's private home.
19 * * *
20 Section 2. This act shall take effect in 60 days.
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