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        PRIOR PRINTER'S NO. 3162                      PRINTER'S NO. 3l72

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2422 Session of 1980


        INTRODUCED BY MR. CALTAGIRONE, MARCH 25, 1980

        REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 25, 1980

                                     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     providing for unlawful consumption of liquor and malt and
    18     brewed beverages in certain instances.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21     Section 1.  The act of April 12, 1951 (P.L.90, No.21), known
    22  as the "Liquor Code," is amended by adding a section to read:
    23     Section 493.1.  Unlawful Consumption of Liquor and Malt and
    24  Brewed Beverages.--(a)  Except as otherwise authorized by this


     1  act, it shall be unlawful for any person by himself or by an
     2  employe or agent to permit another person to consume liquor or
     3  malt and brewed beverages at any eating place which he owns or
     4  operates. The provisions of this section shall not apply to a
     5  private residence and curtilage.
     6     (b)  Except as provided in subsection (c), any person who
     7  violates the provisions of subsection (a) shall be sentenced to
     8  pay a fine of not less than one thousand dollars ($1,000) and be
     9  imprisoned for a term of not less than one year nor more than
    10  five years.
    11     (c)  Any person convicted of a second or subsequent violation
    12  of the provisions of subsection (a) shall be sentenced to pay a
    13  fine of not less than five thousand dollars ($5,000) nor more
    14  than ten thousand dollars ($10,000) and be imprisoned for a term
    15  of not less than five years nor more than ten years.
    16     Section 2.  This act shall take effect in 60 days.










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