PRINTER'S NO. 1790
No. 1524 Session of 1979
INTRODUCED BY LEHR, HASAY, MOEHLMANN, COSLETT, PERZEL AND
CALTAGIRONE, JUNE 20, 1979
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 21, 1979
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 creating the position of business manager.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. The act of April 12, 1951 (P.L.90, No.21), known
21 as the "Liquor Code," is amended by adding a section to read:
22 Section 204.1. Business Manager.--The board is directed to
23 create a nonclassified position, called business manager, with
24 all current duties, responsibilities and prerogatives of the
25 current classified position known as executive director, and
1 other duties to be added by the board. The Civil Service
2 Commission and the board are directed to create and abolish the
3 appropriate positions within sixty days of enactment. The
4 business manager shall receive such compensation as the board,
5 with the approval of the Governor, shall determine, and shall
6 hold office at the pleasure of the board.
7 Section 2. Section 205 of the act is amended to read:
8 Section 205. Bonds Required of Members, Business Manager and
9 Secretary.--Before entering upon the duties of their respective
10 offices or positions, each member of the board, business manager
11 and the secretary shall execute and file with the State
12 Treasurer a bond in such penal sum as shall be fixed by the
13 Executive Board of this Commonwealth upon recommendation of the
14 Governor, but the amount of any such bond shall not be less than
15 ten thousand dollars ($10,000). Bonds in such penal sums as
16 shall be fixed by the Executive Board likewise shall be executed
17 and filed with the State Treasurer by such employes of the
18 Pennsylvania Liquor Control Board as the head of such board
19 shall, with the approval of the Executive Board, prescribe. Such
20 bonds shall be payable to the Commonwealth of Pennsylvania and
21 shall be conditioned for the faithful performance of the
22 members', business manager's secretary's or employes' duties
23 imposed by law or by lawful authority and that the person bonded
24 will not knowingly violate the provisions of this act. All bonds
25 required to be given under this section shall, before being
26 accepted by the State Treasurer, be approved by the Department
27 of Justice, and unless the Commonwealth shall establish its own
28 indemnity fund, all such bonds shall be given with security
29 approved by the Department of Justice. If the Commonwealth shall
30 establish its own indemnity fund, the Executive Board may,
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1 nevertheless, require any bond given hereunder to be executed by
2 a surety or sureties satisfactory to the Department of Justice.
3 The cost of such bonds required to be executed by a surety or
4 sureties shall be borne by the board as part of its operating
5 expense.
6 Section 3. This act shall take effect in 60 days.
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