PRINTER'S NO. 179

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 178 Session of 1981


        INTRODUCED BY CALTAGIRONE, COCHRAN AND LEHR, JANUARY 26, 1981

        REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 26, 1981

                                     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     exempting collectors of miniature bottles from certain
    18     provisions of the act.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21     Section 1.  Clause (1) of section 491, act of April 12, 1951
    22  (P.L.90, No.21), known as the "Liquor Code," is amended to read:
    23     Section 491.  Unlawful Acts Relative to Liquor, Alcohol and
    24  Liquor Licensees.--
    25     It shall be unlawful--


     1     (1)  Sales of Liquor. For any person, by himself or by an
     2  employe or agent, to expose or keep for sale, or directly or
     3  indirectly, or upon any pretense or upon any device, to sell or
     4  offer to sell any liquor within this Commonwealth, except in
     5  accordance with the provisions of this act and the regulations
     6  of the board. This clause shall not be construed to prohibit
     7  hospitals, physicians, dentists or veterinarians who are
     8  licensed and registered under the laws of this Commonwealth from
     9  administering liquor in the regular course of their professional
    10  work and taking into account the cost of the liquor so
    11  administered in making charges for their professional service,
    12  or a pharmacist duly licensed and registered under the laws of
    13  this Commonwealth from dispensing liquor on a prescription of a
    14  duly licensed physician, dentist or veterinarian, or selling
    15  medical preparations containing alcohol, or using liquor in
    16  compounding prescriptions or medicines and making a charge for
    17  the liquor used in such medicines, or a manufacturing pharmacist
    18  or chemist from using liquor in manufacturing preparations unfit
    19  for beverage purposes and making a charge for the liquors so
    20  used. All such liquors so administered or sold by hospitals,
    21  physicians, dentists, veterinarians, pharmacists or chemists
    22  shall conform to the Pharmacopoeia of the United States, the
    23  National Formulary, or the American Homeopathic Pharmacopoeia.
    24  This clause, nor any other clause in this section, shall not be
    25  construed to prohibit collectors of miniature bottles (with or
    26  without the contents) who are registered with the board as
    27  collectors, on a form to be supplied by the board, from buying,
    28  selling, trading or bartering miniature bottles from, to or with
    29  other registered collectors within the Commonwealth or any
    30  person outside the Commonwealth or from possessing miniature
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     1  bottles without the official seal of the board affixed thereto.
     2     * * *
     3     Section 2.  This act shall take effect in 60 days.


















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