PRINTER'S NO. 2613
No. 2036 Session of 1975
INTRODUCED BY ANDERSON, GEESEY AND LEHR, DECEMBER 10, 1975
REFERRED TO COMMITTEE ON LIQUOR CONTROL, DECEMBER 16, 1975
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
2 act relating to alcoholic liquors, alcohol and malt and
3 brewed beverages; amending, revising, consolidating and
4 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 limitations on the issuance of certain
18 licenses.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Subsection (b) of section 431, act of April 12,
22 1951 (P.L.90, No.21), known as the "Liquor Code," amended
23 October 9, 1967 (P.L.395, No.179), is amended to read:
24 Section 431. Malt and brewed Beverages Manufacturers',
25 Distributors' and Importing Distributors' Licenses.--* * *
26 (b) The board shall issue to any reputable person who
1 applies therefor, pays the license fee hereinafter prescribed,
2 and files the bond hereinafter required, a distributor's or
3 importing distributor's license for the place which such person
4 desires to maintain for the sale of malt or brewed beverages,
5 not for consumption on the premises where sold, and in
6 quantities of not less than twenty-four containers, each
7 container holding seven fluid ounces or more, or twelve
8 containers, each container holding twenty-four fluid ounces or
9 more, except original containers containing one hundred twenty-
10 eight ounces or more which may be sold separately and such
11 containers to be the original containers as prepared for the
12 market by the manufacturer at the place of manufacture: And
13 provided further, That the board shall have the discretion to
14 refuse a license to any person or to any corporation,
15 partnership or association if such person, or any officer or
16 director of such corporation, or any member or partner of such
17 partnership or association shall have been convicted or found
18 guilty of a felony within a period of five years immediately
19 preceding the date of application for the said license: And
20 provided further, That the board shall refuse any application
21 for a new license or the transfer of any license to a new
22 location if, in the board's opinion, such new license or
23 transfer would be detrimental to the welfare, health, peace and
24 morals of the inhabitants of the neighborhood within a radius of
25 five hundred feet of the place to be licensed.
26 Except as hereinafter provided, such license shall authorize
27 the holder thereof to sell or deliver malt or brewed beverages
28 in quantities above specified anywhere within the Commonwealth
29 of Pennsylvania, which, in the case of distributors, have been
30 purchased only from persons licensed under this act as
19750H2036B2613 - 2 -
1 manufacturers or importing distributors, and in the case of
2 importing distributors, have been purchased from manufacturers
3 or persons outside this Commonwealth engaged in the legal sale
4 of malt or brewed beverages or from manufacturers or importing
5 distributors licensed under this article.
6 Each out of State manufacturer of malt or brewed beverages
7 whose products are sold and delivered in this Commonwealth shall
8 give distributing rights for such products in designated
9 geographical areas to specific importing distributors, and such
10 importing distributor shall not sell or deliver malt or brewed
11 beverages manufactured by the out of State manufacturer to any
12 person issued a license under the provisions of this act whose
13 licensed premises are not located within the geographical area
14 for which he has been given distributing rights by such
15 manufacturer: Provided, That the importing distributor holding
16 such distributing rights for such product shall not sell or
17 deliver the same to another importing distributor without first
18 having entered into a written agreement with the said secondary
19 importing distributor setting forth the terms and conditions
20 under which such products are to be resold within the territory
21 granted to the primary importing distributor by the
22 manufacturer.
23 When a Pennsylvania manufacturer of malt or brewed beverages
24 licensed under this article names or constitutes a distributor
25 or importing distributor as the primary or original supplier of
26 his product, he shall also designate the specific geographical
27 area for which the said distributor or importing distributor is
28 given distributing rights, and such distributor or importing
29 distributor shall not sell or deliver the products of such
30 manufacturer to any person issued a license under the provisions
19750H2036B2613 - 3 -
1 of this act whose licensed premises are not located within the
2 geographical area for which distributing rights have been given
3 to the distributor and importing distributor by the said
4 manufacturer: Provided, That the importing distributor holding
5 such distributing rights for such product shall not sell or
6 deliver the same to another importing distributor without first
7 having entered into a written agreement with the said secondary
8 importing distributor setting forth the terms and conditions
9 under which such products are to be resold within the territory
10 granted to the primary importing distributor by the
11 manufacturer. Nothing herein contained shall be construed to
12 prevent any manufacturer from authorizing the importing
13 distributor holding the distributing rights for a designated
14 geographical area from selling the products of such manufacturer
15 to another importing distributor also holding distributing
16 rights from the same manufacturer for another geographical area,
17 providing such authority be contained in writing and a copy
18 thereof be given to each of the importing distributors so
19 affected.
20 * * *
K13L41RZ/19750H2036B2613 - 4 -