SENATE AMENDED
PRIOR PRINTER'S NOS. 404, 1430 PRINTER'S NO. 2403
No. 392 Session of 1981
INTRODUCED BY FREIND, BROWN, COCHRAN, COSLETT, MADIGAN, ALDEN,
KUKOVICH, E. Z. TAYLOR, CALTAGIRONE, PERZEL, SWEET, COWELL,
TRELLO, COHEN, LAUGHLIN, RAPPAPORT, PETERSON, NOYE, JACKSON,
MACKOWSKI, FISCHER, MICOZZIE, ARTY, SPITZ, DAVIES, HOEFFEL,
McINTYRE, O'DONNELL AND McVERRY, FEBRUARY 3, 1981
SENATOR GREENLEAF, LAW AND JUSTICE, IN SENATE, AS AMENDED,
OCTOBER 19, 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 requiring AUTHORIZING the affixing of official seals to <--
18 liquor and alcohol packages and providing penalties.; <--
19 PROVIDING FOR THE ESTABLISHMENT OF PRIVATE LICENSED RETAIL
20 LIQUOR STORES; MAKING CERTAIN REPEALS; CREATING THE
21 PENNSYLVANIA LIQUOR LICENSING AND CONTROL BOARD; AND
22 PROVIDING FOR THE TRANSITION TO A PRIVATE LICENSED RETAIL
23 STORE SYSTEM.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Section 102, act of April 12, 1951 (P.L.90, <--
1 No.21), known as the "Liquor Code," is amended by adding a
2 definition to read:
3 SECTION 1. THE TITLE, ACT OF APRIL 12, 1951 (P.L.90, NO.21), <--
4 KNOWN AS THE "LIQUOR CODE," IS AMENDED TO READ:
5 AN ACT
6 RELATING TO ALCOHOLIC LIQUORS, ALCOHOL AND MALT AND BREWED
7 BEVERAGES; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE
8 LAWS RELATING THERETO; REGULATING AND RESTRICTING THE
9 MANUFACTURE, PURCHASE, SALE, POSSESSION, CONSUMPTION,
10 IMPORTATION, TRANSPORTATION, FURNISHING, HOLDING IN BOND,
11 HOLDING IN STORAGE, TRAFFIC IN AND USE OF ALCOHOLIC LIQUORS,
12 ALCOHOL AND MALT AND BREWED BEVERAGES AND THE PERSONS ENGAGED
13 OR EMPLOYED THEREIN; DEFINING THE POWERS AND DUTIES OF THE
14 PENNSYLVANIA LIQUOR LICENSING AND CONTROL BOARD; PROVIDING
15 FOR THE ESTABLISHMENT AND OPERATION OF PRIVATE RETAIL LIQUOR
16 STORES AND PHASING OUT OF STATE LIQUOR STORES, FOR THE
17 PAYMENT OF CERTAIN LICENSE FEES TO THE RESPECTIVE
18 MUNICIPALITIES AND TOWNSHIPS, FOR THE ABATEMENT OF CERTAIN
19 NUISANCES AND, IN CERTAIN CASES, FOR SEARCH AND SEIZURE
20 WITHOUT WARRANT; PRESCRIBING PENALTIES AND FORFEITURES;
21 PROVIDING FOR LOCAL OPTION, AND REPEALING EXISTING LAWS.
22 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
23 SECTION 101.1. INTENTION OF LEGISLATURE.--WITH RESPECT TO
24 THE PROVISIONS OF THIS ACT, IT IS THE PURPOSE OF THIS AMENDATORY
25 ACT TO PROMOTE A FREE MARKET SYSTEM IN THE ECONOMY OF THIS
26 COMMONWEALTH BY ELIMINATING ALL STATE PROPRIETARY INTEREST IN
27 THE RETAIL MARKETING OF LIQUOR PRODUCTS. THIS DIVESTITURE OF THE
28 PENNSYLVANIA LIQUOR STORE SYSTEM SHALL BE IN AN ORDERLY AND
29 ECONOMICALLY NONDISRUPTIVE MANNER AND IS DESIGNED TO PROVIDE THE
30 CONSUMER WITH THE IMPROVED SERVICE AND ADVANTAGES OF COMPETITION
19810H0392B2403 - 2 -
1 WHICH THE FREE ENTERPRISE SYSTEM TRADITIONALLY FOSTERS WHILE
2 MAINTAINING REASONABLE CONTROLS REQUIRED BY THE NATURE OF THE
3 PRODUCT AND THE MAGNITUDE OF THE TRANSITION AND MAINTAINING
4 ADEQUATE REVENUE TO THE COMMONWEALTH FROM THE SALE OF LIQUOR
5 PRODUCTS.
6 SECTION 3. THE DEFINITION OF "BOARD" IN SECTION 102 OF THE
7 ACT IS AMENDED AND DEFINITIONS ARE ADDED TO READ:
8 Section 102. Definitions.--The following words or phrases,
9 unless the context clearly indicates otherwise, shall have the
10 meanings ascribed to them in this section:
11 * * *
12 "BOARD" SHALL MEAN THE PENNSYLVANIA LIQUOR LICENSING AND <--
13 CONTROL BOARD.
14 * * *
15 "Official Seal" shall mean and include any insignia approved
16 by the board that is required to be affixed to a package, as
17 herein defined.
18 * * *
19 "PRIVATE RETAIL LIQUOR STORE" SHALL MEAN AND INCLUDE ANY <--
20 PREMISE LICENSED BY THE BOARD WHERE LIQUOR OR WINE IS OFFERED
21 FOR SALE OR RESALE IN THE ORIGINAL SEALED CONTAINERS AS PREPARED
22 FOR THE MARKET BY THE MANUFACTURER AT THE PLACE OF MANUFACTURE
23 BUT NOT FOR CONSUMPTION ON THE PREMISES WHERE SOLD.
24 * * *
25 SECTION 4. THE HEADING OF ARTICLE II OF THE ACT IS AMENDED
26 TO READ:
27 ARTICLE II.
28 PENNSYLVANIA LIQUOR LICENSING AND CONTROL BOARD.
29 SECTION 5. SECTION 201 OF THE ACT, AMENDED NOVEMBER 23, 1976
30 (P.L.1123, NO.235), IS AMENDED TO READ:
19810H0392B2403 - 3 -
1 SECTION 201. APPOINTMENT OF MEMBERS; TERMS; SALARIES.--AN
2 INDEPENDENT ADMINISTRATIVE BOARD TO BE KNOWN AS THE
3 "PENNSYLVANIA LIQUOR LICENSING AND CONTROL BOARD" IS HEREBY
4 CREATED. THE BOARD SHALL CONSIST OF [THREE] FIVE MEMBERS TO BE
5 APPOINTED BY THE GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF
6 [TWO-THIRDS] A MAJORITY OF [ALL] THE MEMBERS OF THE SENATE. OF
7 THE ORIGINAL MEMBERS, ONE SHALL BE APPOINTED FOR A TERM OF [TWO
8 YEARS] ONE YEAR, ONE FOR A TERM OF [FOUR] TWO YEARS, [AND] ONE
9 FOR A TERM OF [SIX] THREE YEARS, ONE FOR A TERM OF FOUR YEARS
10 AND ONE FOR A TERM OF FIVE YEARS FROM THE DATE OF HIS
11 APPOINTMENT [AND UNTIL HIS SUCCESSOR SHALL HAVE BEEN APPOINTED
12 AND QUALIFIED]. THEREAFTER, ALL APPOINTMENTS SHALL BE FOR TERMS
13 OF SIX YEARS. [OR UNTIL SUCCESSORS ARE APPOINTED AND QUALIFIED]
14 NO APPOINTEE SHALL CONTINUE TO HOLD OFFICE AFTER THE EXPIRATION
15 OF HIS TERM PENDING THE APPOINTMENT OF ANY SUCCESSOR. EACH OF
16 THE MEMBERS SHALL RECEIVE AN ANNUAL SALARY [OF TWENTY-FOUR
17 THOUSAND DOLLARS ($24,000), EXCEPT THE CHAIRMAN, WHO SHALL
18 RECEIVE AN ANNUAL SALARY OF TWENTY-FIVE THOUSAND DOLLARS
19 ($25,000)] AS DETERMINED BY THE EXECUTIVE BOARD.
20 SECTION 6. SECTIONS 203 AND 205 OF THE ACT ARE AMENDED TO
21 READ:
22 SECTION 203. CHAIRMAN OF BOARD.--THE [BOARD SHALL ELECT ONE
23 OF ITS] GOVERNOR SHALL APPOINT ONE OF THE MEMBERS AS CHAIRMEN.
24 THE CHAIRMAN SHALL, WHEN PRESENT, PRESIDE AT ALL MEETINGS, AND
25 IN HIS ABSENCE A MEMBER DESIGNATED BY THE CHAIRMAN SHALL
26 PRESIDE.
27 [TWO] THREE MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM,
28 AND ANY ACTION OR ORDER OF THE BOARD SHALL REQUIRE THE APPROVAL
29 OF AT LEAST [TWO] THREE MEMBERS.
30 SECTION 205. BONDS REQUIRED OF MEMBERS AND SECRETARY.--
19810H0392B2403 - 4 -
1 BEFORE ENTERING UPON THE DUTIES OF THEIR RESPECTIVE OFFICES OR
2 POSITIONS, EACH MEMBER OF THE BOARD AND THE SECRETARY SHALL
3 EXECUTE AND FILE WITH THE STATE TREASURER A BOND IN SUCH PENAL
4 SUM AS SHALL BE FIXED BY THE EXECUTIVE BOARD OF THIS
5 COMMONWEALTH UPON RECOMMENDATION OF THE GOVERNOR, BUT THE AMOUNT
6 OF ANY SUCH BOND SHALL NOT BE LESS THAN TEN THOUSAND DOLLARS
7 ($10,000). BONDS IN SUCH PENAL SUMS AS SHALL BE FIXED BY THE
8 EXECUTIVE BOARD LIKEWISE SHALL BE EXECUTED AND FILED WITH THE
9 STATE TREASURER BY SUCH EMPLOYES OF THE PENNSYLVANIA LIQUOR
10 LICENSING AND CONTROL BOARD AS THE HEAD OF SUCH BOARD SHALL,
11 WITH THE APPROVAL OF THE EXECUTIVE BOARD, PRESCRIBE. SUCH BONDS
12 SHALL BE PAYABLE TO THE COMMONWEALTH OF PENNSYLVANIA AND SHALL
13 BE CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THE MEMBERS',
14 SECRETARY'S OR EMPLOYES' DUTIES IMPOSED BY LAW OR BY LAWFUL
15 AUTHORITY AND THAT THE PERSON BONDED WILL NOT KNOWINGLY VIOLATE
16 THE PROVISIONS OF THIS ACT. ALL BONDS REQUIRED TO BE GIVEN UNDER
17 THIS SECTION SHALL, BEFORE BEING ACCEPTED BY THE STATE
18 TREASURER, BE APPROVED BY THE [DEPARTMENT OF JUSTICE] GENERAL
19 COUNSEL, AND UNLESS THE COMMONWEALTH SHALL ESTABLISH ITS OWN
20 INDEMNITY FUND, ALL SUCH BONDS SHALL BE GIVEN WITH SECURITY
21 APPROVED BY THE [DEPARTMENT OF JUSTICE] GENERAL COUNSEL. IF THE
22 COMMONWEALTH SHALL ESTABLISH ITS OWN INDEMNITY FUND, THE
23 EXECUTIVE BOARD MAY, NEVERTHELESS, REQUIRE ANY BOND GIVEN
24 HEREUNDER TO BE EXECUTED BY A SURETY OR SURETIES SATISFACTORY TO
25 THE [DEPARTMENT OF JUSTICE] GENERAL COUNSEL. THE COST OF SUCH
26 BONDS REQUIRED TO BE EXECUTED BY A SURETY OR SURETIES SHALL BE
27 BORNE BY THE BOARD AS PART OF ITS OPERATING EXPENSE.
28 SECTION 7. CLAUSES (B), (C) AND (E) OF SECTION 207 OF THE
29 ACT, CLAUSE (B) AMENDED JULY 27, 1973 (P.L.247, NO.70), ARE
30 AMENDED TO READ:
19810H0392B2403 - 5 -
1 SECTION 207. GENERAL POWERS OF BOARD.--UNDER THIS ACT, THE
2 BOARD SHALL HAVE THE POWER AND ITS DUTY SHALL BE:
3 * * *
4 (B) TO CONTROL THE MANUFACTURE, POSSESSION, SALE,
5 CONSUMPTION, IMPORTATION, USE, STORAGE, TRANSPORTATION AND
6 DELIVERY OF LIQUOR, ALCOHOL AND MALT OR BREWED BEVERAGES IN
7 ACCORDANCE WITH THE PROVISIONS OF THIS ACT, AND TO FIX THE
8 WHOLESALE [AND RETAIL PRICES] PRICE AT WHICH LIQUORS AND ALCOHOL
9 SHALL BE SOLD [AT PENNSYLVANIA LIQUOR STORES] BY THE BOARD:
10 PROVIDED, THAT IN FIXING THE SALE PRICES, THE BOARD SHALL NOT
11 GIVE ANY PREFERENCE OR MAKE ANY DISCRIMINATION AS TO CLASSES,
12 BRANDS OR OTHERWISE, EXCEPT TO THE EXTENT AND FOR THE LENGTH OF
13 TIME NECESSARY TO SELL SUCH CLASSES OR BRANDS IN COMPLIANCE WITH
14 ANY FEDERAL ACTION FREEZING OR OTHERWISE CONTROLLING THE PRICE
15 OF SAID CLASSES OR BRANDS, OR EXCEPT WHERE SPECIAL SALES ARE
16 DEEMED NECESSARY TO MOVE UNSALEABLE MERCHANDISE, OR EXCEPT WHERE
17 THE ADDITION OF A SERVICE OR HANDLING CHARGE TO THE FIXED SALES
18 PRICE OF ANY MERCHANDISE IN THE SAME COMPARABLE PRICE BRACKET,
19 REGARDLESS OF CLASS, BRAND OR OTHERWISE, IS, IN THE OPINION OF
20 THE BOARD, REQUIRED FOR THE EFFICIENT OPERATION OF THE STATE
21 [STORE] LIQUOR SYSTEM. THE BOARD SHALL REQUIRE EACH PENNSYLVANIA
22 MANUFACTURER AND EACH NONRESIDENT MANUFACTURER OF LIQUORS, OTHER
23 THAN WINE, SELLING SUCH LIQUORS TO THE BOARD, WHICH ARE NOT
24 MANUFACTURED IN THIS COMMONWEALTH, TO MAKE APPLICATION FOR AND
25 BE GRANTED A PERMIT BY THE BOARD BEFORE SUCH LIQUORS NOT
26 MANUFACTURED IN THIS COMMONWEALTH SHALL BE PURCHASED FROM SUCH
27 MANUFACTURER. EACH SUCH MANUFACTURER SHALL PAY FOR SUCH PERMIT A
28 FEE WHICH, IN THE CASE OF A MANUFACTURER OF THIS COMMONWEALTH,
29 SHALL BE EQUAL TO THAT REQUIRED TO BE PAID, IF ANY, BY A
30 MANUFACTURER OR WHOLESALER OF THE STATE, TERRITORY OR COUNTRY OF
19810H0392B2403 - 6 -
1 ORIGIN OF THE LIQUORS, FOR SELLING LIQUORS MANUFACTURED IN
2 PENNSYLVANIA, AND IN THE CASE OF A NONRESIDENT MANUFACTURER,
3 SHALL BE EQUAL TO THAT REQUIRED TO BE PAID, IF ANY, IN SUCH
4 STATE, TERRITORY OR COUNTRY BY PENNSYLVANIA MANUFACTURERS DOING
5 BUSINESS IN SUCH STATE, TERRITORY OR COUNTRY. IN THE EVENT THAT
6 ANY SUCH MANUFACTURER SHALL, IN THE OPINION OF THE BOARD, SELL
7 OR ATTEMPT TO SELL LIQUORS TO THE BOARD THROUGH ANOTHER PERSON
8 FOR THE PURPOSE OF EVADING THIS PROVISION RELATING TO PERMITS,
9 THE BOARD SHALL REQUIRE SUCH PERSON, BEFORE PURCHASING LIQUORS
10 FROM HIM OR IT, TO TAKE OUT A PERMIT AND PAY THE SAME FEE AS
11 HEREINBEFORE REQUIRED TO BE PAID BY SUCH MANUFACTURER. ALL
12 PERMIT FEES SO COLLECTED SHALL BE PAID INTO THE STATE STORES
13 FUND. THE BOARD SHALL NOT PURCHASE ANY ALCOHOL OR LIQUOR
14 FERMENTED, DISTILLED, RECTIFIED, COMPOUNDED OR BOTTLED IN ANY
15 STATE, TERRITORY OR COUNTRY, THE LAWS OF WHICH RESULT IN
16 PROHIBITING THE IMPORTATION THEREIN OF ALCOHOL OR LIQUOR,
17 FERMENTED, DISTILLED, RECTIFIED, COMPOUNDED OR BOTTLED IN
18 PENNSYLVANIA.
19 (C) TO DETERMINE THE MUNICIPALITIES WITHIN WHICH
20 PENNSYLVANIA LIQUOR [STORES] WAREHOUSES SHALL BE ESTABLISHED AND
21 THE LOCATIONS OF THE [STORES] WAREHOUSES WITHIN SUCH
22 MUNICIPALITIES.
23 * * *
24 (E) THROUGH THE DEPARTMENT OF [PROPERTY AND SUPPLIES]
25 GENERAL SERVICES AS AGENT, TO LEASE AND FURNISH AND EQUIP SUCH
26 BUILDINGS, ROOMS AND OTHER ACCOMMODATIONS AS SHALL BE REQUIRED
27 FOR THE OPERATION OF THIS ACT.
28 * * *
29 Section 2. Subsection (f) 8. SUBSECTIONS (A), (C), (D), <--
30 (F), (I) AND (J) of section 208 and subsection (d) of section <--
19810H0392B2403 - 7 -
1 305 of the act, SUBSECTION (D) AMENDED JULY 22, 1970 (P.L.539, <--
2 NO.182), AND SUBSECTION (F) amended October 11, 1972 (P.L.906,
3 No.215), are amended to read:
4 Section 208. Specific Subjects on Which Board May Adopt
5 Regulations.--Subject to the provisions of this act and without
6 limiting the general power conferred by the preceding section,
7 the board may make regulations regarding:
8 (A) THE EQUIPMENT AND MANAGEMENT OF PENNSYLVANIA LIQUOR <--
9 [STORES AND WAREHOUSES] WAREHOUSES IN WHICH LIQUOR AND ALCOHOL
10 ARE KEPT OR SOLD, AND THE BOOKS AND RECORDS TO BE KEPT THEREIN.
11 * * *
12 (C) THE PURCHASE, AS PROVIDED IN THIS ACT, OF LIQUOR AND
13 ALCOHOL, AND ITS SUPPLY TO [PENNSYLVANIA LIQUOR STORES] PRIVATE
14 RETAIL LIQUOR STORES AND OTHER RETAIL LICENSEES CONSISTENT WITH
15 THE PROVISIONS OF THIS ACT.
16 (D) THE CLASSES, VARIETIES AND BRANDS OF LIQUOR AND ALCOHOL
17 TO BE KEPT AND SOLD IN PENNSYLVANIA LIQUOR [STORES] WAREHOUSES.
18 IN MAKING THIS DETERMINATION THE BOARD SHALL MEET NOT LESS THAN
19 TWICE A YEAR.
20 * * *
21 (f) The sealing and labeling of liquor and alcohol sold
22 under this act and of liquor and alcohol lawfully acquired by
23 any person prior to January first, one thousand nine hundred
24 thirty-four. This section shall not be construed to authorize
25 the board to require that packages containing wine have affixed
26 thereto the official seal of the board nor shall it be construed
27 to authorize the board to allow the affixing of the official
28 seal of the board on liquor and alcohol packages after such
29 liquor or alcohol has entered the Commonwealth, except in the
30 case of Pennsylvania manufacturers and except in those cases
19810H0392B2403 - 8 -
1 where the board deems it necessary for the proper enforcement of
2 the provisions of this act relating to sealing.
3 * * *
4 Section 305. Sales by Pennsylvania Liquor Stores.--* * * <--
5 (d) No liquor or alcohol, except wine, shall be sold to any
6 purchaser except in a package bearing the official seal of the
7 board required by this act and no package shall be opened on the
8 premises of a Pennsylvania Liquor Store. No manager or other
9 employe of the board employed in a Pennsylvania Liquor Store
10 shall allow any liquor or alcohol to be consumed on the store
11 premises, nor shall any person consume any liquor or alcohol on
12 such premises.
13 Section 3. Clauses (2) and (4) of section 491 of the act,
14 clause (2) amended October 2, 1974 (P.L.665, No.220) and October
15 10, 1974 (P.L.692, No.231) and clause (4) amended October 11,
16 1972 (P.L.906, No.215) are amended, and the section is amended
17 by adding a clause to read:
18 Section 491. Unlawful Acts Relative to Liquor, Alcohol and
19 Liquor Licensees.--
20 It shall be unlawful--
21 * * *
22 (2) Possession or Transportation of Liquor or Alcohol. For
23 any person, except a manufacturer or the board or the holder of
24 a sacramental wine license or of an importer's license, to
25 possess or transport any liquor or alcohol within this
26 Commonwealth which was not lawfully acquired prior to January
27 first, one thousand nine hundred and thirty-four, or has not
28 been purchased from a Pennsylvania Liquor Store or a licensed
29 limited winery in Pennsylvania, except miniatures totalling less
30 than one gallon purchased by a collector of the same in another
19810H0392B2403 - 9 -
1 state or foreign country, or in accordance with the board's
2 regulations. The burden shall be upon the person possessing or
3 transporting such liquor or alcohol to prove that it was so
4 acquired. But nothing herein contained shall prohibit the
5 manufacture or possession of wine by any person in his home for
6 consumption of himself, his family and guests and not for sale,
7 not exceeding, during any one calendar year, two hundred
8 gallons, any other law to the contrary notwithstanding. Such
9 wine shall not be manufactured, possessed, offered for sale or
10 sold on any licensed premises.
11 None of the provisions herein contained shall prohibit nor
12 shall it be unlawful for any person to import into Pennsylvania,
13 transport or have in his possession, an amount of liquor not
14 exceeding one gallon in volume upon which a State tax has not
15 been paid, and the package in which the liquor is contained does
16 not bear the official seal of the board, if it can be shown to
17 the satisfaction of the board that such person purchased the
18 liquor in a foreign country or United States territory and was
19 allowed to bring it into the United States. Neither shall the
20 provisions contained herein prohibit nor make it unlawful for
21 (i) any member of the armed forces on active duty, or (ii) any
22 retired member of the armed forces, or (iii) any totally
23 disabled veteran, or (iv) the spouse of any person included in
24 the foregoing classes of persons to import into Pennsylvania,
25 transport or have in his possession an amount of liquor not
26 exceeding one gallon per month in volume upon which the State
27 tax has not been paid, so long as such liquor has been lawfully
28 purchased from a package store established and maintained under
29 the authority of the United States and is in containers
30 identified in accordance with regulations issued by the
19810H0392B2403 - 10 -
1 Department of Defense. Such liquor shall not be possessed,
2 offered for sale or sold on any licensed premises.
3 None of the provisions herein contained shall prohibit nor
4 shall it be unlawful for any consul general, consul or other
5 diplomatic officer of a foreign government to import into
6 Pennsylvania, transport or have in his possession liquor upon
7 which a State tax has not been paid, if it can be shown to the
8 satisfaction of the board that such person acquired the liquor
9 in a foreign country and was allowed to bring it into the United
10 States. Such liquor shall not be possessed, offered for sale or
11 sold on any licensed premises.
12 Any person violating the provisions of this clause for a
13 first offense involving the possession or transportation in
14 Pennsylvania of any liquor in a package (bottle or other
15 receptacle) which does not bear the official seal of the board
16 or wine not purchased from a Pennsylvania Liquor Store or from a
17 licensed limited winery in Pennsylvania, with respect to which
18 satisfactory proof is produced that the required Federal tax has
19 been paid and which was purchased, procured or acquired legally
20 outside of Pennsylvania shall upon conviction thereof in a
21 summary proceeding be sentenced to pay a fine of twenty-five
22 dollars ($25) for each such package, plus costs of prosecution,
23 or undergo imprisonment for a term not exceeding ninety (90)
24 days. Each full quart or major fraction thereof shall be
25 considered a separate package (bottle or other receptacle) for
26 the purposes of this clause. Such packages of liquor shall be
27 forfeited to the Commonwealth in the manner prescribed in
28 Article VI of this act but the vehicle, boat, vessel, animal or
29 aircraft used in the illegal transportation of such packages
30 shall not be subject to forfeiture: Provided, however, That if
19810H0392B2403 - 11 -
1 it is a second or subsequent offense or if it is established
2 that the illegal possession or transportation was in connection
3 with a commercial transaction, then the other provisions of this
4 act providing for prosecution as a misdemeanor and for the
5 forfeiture of the vehicle, boat, vessel, animal or aircraft
6 shall apply.
7 * * *
8 (4) [Possession and Use of Decanters] Liquor Packages
9 Without Official Seal. For any person, [to use decanters of
10 alcoholic beverages except that the] except a manufacturer, to
11 have or keep any liquor, except wine, within the Commonwealth
12 unless the package (except the decanter or other receptacle
13 containing liquor for immediate consumption) in which the liquor
14 is contained while containing that liquor bears the official
15 seal of the board as originally affixed in accordance with the
16 provisions of this act or the regulations of the board. Except
17 in the case of Pennsylvania manufacturers, such seal shall be
18 affixed to the package containing the liquor prior to the liquor
19 entering the Commonwealth. The use of decanters or other similar
20 receptacles by licensees shall be permitted only in the case of
21 wines and then only in accordance with the regulations of the
22 board, but nothing herein contained shall prohibit the
23 manufacture and possession of wine as provided in clause (2) of
24 this section.
25 * * *
26 (15) Unlawful Activities Relative to Official Seal. For any
27 person to have, keep, use, utter, barter, buy, sell, traffic in,
28 manufacture or make any official seal of the board or facsimile
29 or reproduction thereof, unless authorized so to do by the
30 provisions of this act or by the regulations or the express
19810H0392B2403 - 12 -
1 consent of the board.
2 Section 4. This act shall take effect in 90 days and shall
3 be applicable to all liquor packages sold in the Commonwealth on
4 and after such effective date. The provisions of this amendatory
5 act insofar as they would require the sealing of liquor
6 containers sold prior to the effective date of this amendatory
7 act shall not be applicable until such time as prescribed by the
8 Liquor Control Board by regulation.
9 (I) THE PLACE AND MANNER OF DEPOSITING THE RECEIPTS OF <--
10 PENNSYLVANIA LIQUOR [STORES] WAREHOUSES AND THE TRANSMISSION OF
11 BALANCES TO THE TREASURY DEPARTMENT THROUGH THE DEPARTMENT OF
12 REVENUE.
13 (J) THE SOLICITATION BY RESIDENT OR NONRESIDENT VENDORS OF
14 LIQUOR FROM PENNSYLVANIA LICENSEES AND OTHER PERSONS OF ORDERS
15 FOR LIQUOR TO BE SOLD THROUGH THE [PENNSYLVANIA LIQUOR STORES]
16 BOARD AND, IN THE CASE OF NONRESIDENT VENDORS, THE COLLECTION
17 THEREFROM OF LICENSE FEES FOR SUCH PRIVILEGE AT THE SAME RATE AS
18 PROVIDED HEREIN FOR IMPORTERS' LICENSES.
19 SECTION 9. SUBSECTION (B) OF SECTION 210 OF THE ACT IS
20 AMENDED TO READ:
21 SECTION 210. RESTRICTIONS ON MEMBERS OF THE BOARD AND
22 EMPLOYES OF COMMONWEALTH.--* * *
23 (B) NO MEMBER OR EMPLOYE OF THE BOARD NOR ANY EMPLOYE OF THE
24 COMMONWEALTH SHALL SOLICIT OR RECEIVE, DIRECTLY OR INDIRECTLY,
25 ANY COMMISSION, REMUNERATION OR GIFT WHATSOEVER, FROM ANY PERSON
26 HAVING SOLD, SELLING OR OFFERING LIQUOR OR ALCOHOL FOR SALE TO
27 THE BOARD FOR USE IN PENNSYLVANIA LIQUOR [STORES] WAREHOUSES OR
28 PRIVATE RETAIL LIQUOR STORES.
29 SECTION 10. ARTICLE III OF THE ACT IS REPEALED.
30 SECTION 11. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
19810H0392B2403 - 13 -
1 ARTICLE III-A.
2 PENNSYLVANIA LIQUOR WAREHOUSES.
3 SECTION 301-A. BOARD TO ESTABLISH LIQUOR WAREHOUSES.--(A)
4 THE BOARD SHALL ESTABLISH, OPERATE AND MAINTAIN AT SUCH PLACES
5 THROUGHOUT THE COMMONWEALTH AS IT SHALL DEEM ESSENTIAL AND
6 ADVISABLE, WAREHOUSES FOR THE SALE OF LIQUOR.
7 (B) THE BOARD MAY LEASE THE NECESSARY PREMISES FOR SUCH
8 WAREHOUSES, BUT ALL SUCH LEASES SHALL BE MADE THROUGH THE
9 DEPARTMENT OF GENERAL SERVICES AS AGENT OF THE BOARD. THE BOARD,
10 THROUGH THE DEPARTMENT OF GENERAL SERVICES, SHALL HAVE THE
11 AUTHORITY TO PURCHASE SUCH EQUIPMENT AND APPOINTMENTS AS MAY BE
12 REQUIRED IN THE OPERATION OF SUCH ESTABLISHMENTS.
13 SECTION 302-A. SELECTION OF PERSONNEL.--OFFICERS AND
14 EMPLOYES OF THE BOARD, EXCEPT AS HEREIN OTHERWISE PROVIDED,
15 SHALL BE APPOINTED AND EMPLOYED SUBJECT TO THE PROVISIONS OF THE
16 ACT OF AUGUST 5, 1941 (P.L.752, NO.286), KNOWN AS THE "CIVIL
17 SERVICE ACT."
18 SECTION 303-A. PURCHASES THROUGH THE BOARD.--ALL LIQUOR AND
19 WINE SOLD BY PRIVATE RETAIL LIQUOR STORES FOR CONSUMPTION OR
20 RESALE IN PENNSYLVANIA SHALL BE PURCHASED THROUGH THE BOARD. ALL
21 LIQUOR AND WINE SOLD BY HOTEL, RESTAURANT OR CLUB LICENSEES MAY
22 BE PURCHASED FROM PRIVATE RETAIL LIQUOR STORES OR DIRECTLY FROM
23 THE BOARD.
24 SECTION 304-A. HANDLING AND DELIVERY.--THE BOARD AT ITS
25 DISCRETION MAY PROVIDE FOR DELIVERY EITHER DIRECTLY FROM THE
26 MANUFACTURER OR DISTRIBUTOR TO RETAIL LICENSEES OR FROM THE
27 BOARD'S WAREHOUSES TO THE LICENSEES OR REQUIRE THE LICENSEES TO
28 PROVIDE FOR SUCH TRANSPORTATION. IN MAKING ITS DETERMINATION THE
29 BOARD SHALL PROVIDE A REASONABLE METHOD BY WHICH ANY ITEM WHICH
30 A LICENSEE WISHES TO STOCK FOR SALE MAY BE OBTAINED AND STAMPED
19810H0392B2403 - 14 -
1 WITH REQUIRED STATE SEALS WITHOUT UNDUE HARM OR DAMAGE TO ANY
2 ITEM SUSCEPTIBLE TO SPOILAGE OR HARM IF IMPROPERLY TRANSPORTED
3 OR STORED.
4 SECTION 305-A. SALES BY PENNSYLVANIA LIQUOR WAREHOUSES.--
5 EVERY PENNSYLVANIA LIQUOR WAREHOUSE SHALL KEEP IN STOCK FOR SALE
6 SUCH CLASSES, VARIETIES AND BRANDS OF LIQUOR AND ALCOHOL AS THE
7 BOARD SHALL PRESCRIBE. EVERY PENNSYLVANIA LIQUOR WAREHOUSE SHALL
8 SELL LIQUORS AT WHOLESALE TO PRIVATE RETAIL LIQUOR STORES,
9 HOTELS, RESTAURANTS, CLUBS AND RAILROAD, PULLMAN AND STEAMSHIP
10 COMPANIES LICENSED UNDER THIS ACT; AND, UNDER THE REGULATIONS OF
11 THE BOARD, TO PHARMACISTS DULY LICENSED AND REGISTERED UNDER THE
12 LAWS OF THE COMMONWEALTH, AND TO MANUFACTURING PHARMACISTS, AND
13 TO REPUTABLE HOSPITALS APPROVED BY THE BOARD, OR CHEMISTS. THE
14 BOARD MAY SELL TO REGISTERED PHARMACISTS ONLY SUCH LIQUORS AS
15 CONFORM TO THE PHARMACOPOEIA OF THE UNITED STATES, THE NATIONAL
16 FORMULARY, OR THE AMERICAN HOMEOPATHIC PHARMACOPOEIA. THE BOARD
17 MAY SELL AT SPECIAL PRICES UNDER THE REGULATIONS OF THE BOARD TO
18 UNITED STATES ARMED FORCES FACILITIES WHICH ARE LOCATED ON THE
19 UNITED STATES ARMED FORCES INSTALLATIONS AND ARE CONDUCTED
20 PURSUANT TO THE AUTHORITY AND REGULATIONS OF THE UNITED STATES
21 ARMED FORCES. THE BOARD MAY BY REGULATION AUTHORIZE THE
22 ACCEPTANCE OF CHECKS FOR LIQUOR SOLD. ALL CHECKS RETURNED TO THE
23 BOARD AS DISHONORED AND NOT PAID WITHIN THIRTY (30) DAYS SHALL
24 BE CAUSE FOR THE BOARD FOR SUSPENSION OR REVOCATION OF ANY
25 LICENSE ISSUED BY THE BOARD TO THE PERSON WHO ISSUED SUCH CHECK.
26 SECTION 306-A. SPECIAL ORDERS.--IF ANY RETAIL LICENSEE SHALL
27 DESIRE TO PURCHASE ANY CLASS, VARIETY OR BRANDS OF LIQUOR OR
28 ALCOHOL WHICH A PENNSYLVANIA LIQUOR WAREHOUSE DOES NOT HAVE IN
29 STOCK, IT SHALL BE THE DUTY OF SUCH WAREHOUSE IMMEDIATELY TO
30 ORDER THE SAME IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE
19810H0392B2403 - 15 -
1 BOARD. THE CUSTOMER SHALL BE NOTIFIED IMMEDIATELY UPON ARRIVAL
2 OF THE GOODS.
3 SECTION 307-A. TAX EXEMPT ALCOHOL.--(A) THE BOARD MAY SELL
4 TAX EXEMPT ALCOHOL TO THE COMMONWEALTH OF PENNSYLVANIA AND TO
5 PERSONS AS SPECIFIED IN SUBSECTION (B) TO WHOM THE BOARD SHALL,
6 BY REGULATION TO BE PROMULGATED BY IT, ISSUE PERMITS FOR THE
7 PURCHASE OF SUCH TAX EXEMPT ALCOHOL.
8 (B) SUCH PERMITS SHALL BE ISSUED TO THE UNITED STATES OR ANY
9 GOVERNMENTAL AGENCY THEREOF, TO ANY UNIVERSITY OR COLLEGE OF
10 LEARNING, ANY LABORATORY FOR EXCLUSIVE USE IN SCIENTIFIC
11 RESEARCH, ANY HOSPITAL, SANITARIUM, ELEEMOSYNARY INSTITUTION OR
12 DISPENSARY; TO PHYSICIANS, DENTISTS, VETERINARIANS AND
13 PHARMACISTS DULY LICENSED AND REGISTERED UNDER THE LAWS OF THE
14 COMMONWEALTH OF PENNSYLVANIA; TO MANUFACTURING CHEMISTS AND
15 PHARMACISTS OR OTHER PERSONS FOR USE IN THE MANUFACTURE OF
16 COMPOUNDING OF PREPARATIONS UNFIT FOR BEVERAGE PURPOSES.
17 SECTION 308-A. NO CONSUMPTION IN WAREHOUSES.--NO LIQUOR OR
18 ALCOHOL PACKAGE SHALL BE OPENED ON THE PREMISES OF A
19 PENNSYLVANIA LIQUOR WAREHOUSE. NO MANAGER OR ANY OTHER EMPLOYE
20 OF THE BOARD EMPLOYED IN A PENNSYLVANIA LIQUOR WAREHOUSE SHALL
21 ALLOW ANY LIQUOR OR ALCOHOL TO BE CONSUMED ON THE PREMISES, NOR
22 SHALL ANY PERSON CONSUME ANY LIQUOR OR ALCOHOL ON SUCH PREMISES.
23 SECTION 309-A. RATIONING.--THE BOARD IS HEREBY AUTHORIZED
24 AND EMPOWERED TO ADOPT AND ENFORCE APPROPRIATE RULES AND
25 REGULATIONS TO ENSURE THE EQUITABLE WHOLESALE DISTRIBUTION
26 THROUGH THE PENNSYLVANIA LIQUOR WAREHOUSES, OF AVAILABLE LIQUOR
27 AND ALCOHOL AT ANY TIME WHEN THE DEMAND THEREFORE IS GREATER
28 THAN THE SUPPLY.
29 SECTION 310-A. AUDITS BY AUDITOR GENERAL.--(A) IT SHALL BE
30 THE DUTY OF THE DEPARTMENT OF THE AUDITOR GENERAL TO MAKE ALL
19810H0392B2403 - 16 -
1 AUDITS WHICH MAY BE NECESSARY IN CONNECTION WITH THE
2 ADMINISTRATION OF THE FINANCIAL AFFAIRS OF THE BOARD.
3 (B) AT LEAST ONE AUDIT SHALL BE MADE EACH YEAR OF THE
4 AFFAIRS OF THE BOARD AND ALL COLLECTIONS MADE BY THE
5 PENNSYLVANIA LIQUOR WAREHOUSES.
6 (C) SPECIAL AUDITS OF THE AFFAIRS OF THE BOARD AND THE
7 PENNSYLVANIA LIQUOR WAREHOUSES MAY BE MADE WHENEVER THEY MAY, IN
8 THE JUDGMENT OF THE AUDITOR GENERAL, APPEAR NECESSARY, AND SHALL
9 BE MADE WHENEVER THE GOVERNOR SHALL CALL UPON THE AUDITOR
10 GENERAL TO MAKE THEM.
11 (D) COPIES OF ALL AUDITS MADE BY THE AUDITOR GENERAL SHALL
12 BE PROMPTLY SUBMITTED TO THE BOARD AND THE GOVERNOR.
13 (E) UNLESS THE DEPARTMENT OF THE AUDITOR GENERAL SHALL
14 NEGLECT OR REFUSE TO MAKE THE AUDITS AS HEREINABOVE REQUIRED, IT
15 SHALL BE UNLAWFUL FOR THE BOARD TO EXPEND ANY MONEY APPROPRIATED
16 TO IT BY THE GENERAL ASSEMBLY FOR ANY AUDIT OF ITS AFFAIRS,
17 EXCEPT FOR THE PAYMENT OF THE COMPENSATION AND EXPENSES OF SUCH
18 AUDITORS AS ARE REGULARLY EMPLOYED AS PART OF THE ADMINISTRATIVE
19 STAFF OF THE BOARD.
20 SECTION 12. SUBSECTION (E) OF SECTION 410 OF THE ACT IS
21 AMENDED TO READ:
22 SECTION 410. LIQUOR IMPORTERS' LICENSES; FEES; PRIVILEGES;
23 RESTRICTIONS.--* * *
24 (E) IMPORTERS' LICENSES SHALL PERMIT THE HOLDERS THEREOF TO
25 BRING OR IMPORT LIQUOR FROM OTHER STATES, FOREIGN COUNTRIES, OR
26 INSULAR POSSESSIONS OF THE UNITED STATES, AND PURCHASE LIQUOR
27 FROM MANUFACTURERS LOCATED WITHIN THIS COMMONWEALTH, TO BE SOLD
28 OUTSIDE OF THIS COMMONWEALTH OR TO [PENNSYLVANIA LIQUOR STORES
29 WITHIN THIS COMMONWEALTH] THE BOARD, OR WHEN IN ORIGINAL
30 CONTAINERS OF TEN GALLONS OR GREATER CAPACITY, TO LICENSED
19810H0392B2403 - 17 -
1 MANUFACTURERS WITHIN THIS COMMONWEALTH.
2 ALL IMPORTATIONS OF LIQUOR INTO PENNSYLVANIA BY THE LICENSED
3 IMPORTER SHALL BE CONSIGNED TO THE PENNSYLVANIA LIQUOR
4 LICENSING AND CONTROL BOARD OR THE PRINCIPAL PLACE OF BUSINESS
5 OR AUTHORIZED PLACE OF STORAGE MAINTAINED BY THE LICENSEE.
6 * * *
7 SECTION 13. SECTION 411 OF THE ACT, AMENDED JULY 9, 1976
8 (P.L.963, NO.188) IS AMENDED TO READ:
9 SECTION 411. INTERLOCKING BUSINESS PROHIBITED.--(A) NO
10 MANUFACTURER AND NO OFFICER OR DIRECTOR OF ANY MANUFACTURER
11 SHALL AT THE SAME TIME BE A HOLDER OF A HOTEL, RESTAURANT OR
12 CLUB LIQUOR LICENSE OR PRIVATE RETAIL LIQUOR STORE LICENSE, NOR
13 BE THE OWNER, PROPRIETOR OR LESSOR OF ANY PLACE COVERED BY ANY
14 HOTEL, RESTAURANT OR CLUB LIQUOR LICENSE OR PRIVATE RETAIL
15 LIQUOR STORE LICENSE.
16 (B) NO MANUFACTURER, IMPORTER OR SACRAMENTAL WINE LICENSEE,
17 AND NO OFFICER OR DIRECTOR OF A MANUFACTURER, IMPORTER OR
18 SACRAMENTAL WINE LICENSEE SHALL OWN ANY STOCK OR HAVE ANY
19 FINANCIAL INTEREST IN ANY HOTEL OR RESTAURANT OR PRIVATE RETAIL
20 LIQUOR STORE LICENSED UNDER THIS ACT.
21 (C) EXCEPTING AS HEREIN PROVIDED, NO MANUFACTURER, OR
22 OFFICER, DIRECTOR, STOCKHOLDER, AGENT OR EMPLOYE OF A
23 MANUFACTURER SHALL IN ANY WISE BE INTERESTED, EITHER DIRECTLY OR
24 INDIRECTLY, IN THE OWNERSHIP OR LEASEHOLD OF ANY PROPERTY OR THE
25 EQUIPMENT OF ANY PROPERTY OR ANY MORTGAGE LIEN AGAINST THE SAME,
26 FOR WHICH A HOTEL, RESTAURANT OR CLUB LICENSE OR PRIVATE RETAIL
27 LIQUOR STORE LICENSE IS GRANTED; NOR SHALL A MANUFACTURER,
28 IMPORTER OR SACRAMENTAL WINE LICENSEE, OR OFFICER, DIRECTOR,
29 STOCKHOLDER, AGENT OR EMPLOYE OF A MANUFACTURER, IMPORTER OR
30 SACRAMENTAL WINE LICENSEE, EITHER DIRECTLY OR INDIRECTLY, LEND
19810H0392B2403 - 18 -
1 ANY MONEYS, CREDIT, OR GIVE ANYTHING OF VALUE OR THE EQUIVALENT
2 THEREOF TO, OR GUARANTEE THE PAYMENT OF ANY BOND, MORTGAGE, NOTE
3 OR OTHER OBLIGATION OF, ANY HOTEL, RESTAURANT OR CLUB LICENSEE,
4 OR PRIVATE RETAIL LIQUOR STORE LICENSE, HIS SERVANT, AGENT OR
5 EMPLOYE, FOR EQUIPPING, FITTING OUT, OR MAINTAINING AND
6 CONDUCTING, EITHER IN WHOLE OR IN PART, A HOTEL, RESTAURANT OR
7 CLUB LICENSED FOR THE SELLING OF LIQUOR FOR USE AND CONSUMPTION
8 UPON THE PREMISES.
9 (D) EXCEPTING AS HEREIN PROVIDED, NO HOTEL LICENSEE,
10 RESTAURANT LICENSEE [OR] CLUB LICENSEE OR PRIVATE RETAIL LIQUOR
11 STORE LICENSEE, AND NO OFFICER, DIRECTOR, STOCKHOLDER, AGENT OR
12 EMPLOYE OF ANY SUCH LICENSEE SHALL IN ANY WISE BE INTERESTED,
13 EITHER DIRECTLY OR INDIRECTLY, IN THE OWNERSHIP OR LEASEHOLD OF
14 ANY PROPERTY OR THE EQUIPMENT OF ANY PROPERTY OR ANY MORTGAGE
15 LIEN AGAINST THE SAME, USED BY A MANUFACTURER IN MANUFACTURING
16 LIQUOR OR MALT OR BREWED BEVERAGES; NOR SHALL ANY HOTEL,
17 RESTAURANT OR CLUB LICENSEE OR PRIVATE RETAIL LIQUOR STORE
18 LICENSEE, OR ANY OFFICER, DIRECTOR, STOCKHOLDER, AGENT OR
19 EMPLOYE OF ANY SUCH LICENSEE, EITHER DIRECTLY OR INDIRECTLY,
20 LEND ANY MONEYS, CREDIT, OR GIVE ANYTHING OF VALUE OR THE
21 EQUIVALENT THEREOF, TO ANY MANUFACTURER FOR EQUIPPING, FITTING
22 OUT, OR MAINTAINING AND CONDUCTING, EITHER IN WHOLE OR IN PART,
23 AN ESTABLISHMENT USED FOR THE MANUFACTURE OF LIQUOR OR MALT OR
24 BREWED BEVERAGES.
25 (E) EXCEPT AS HEREIN PROVIDED, NO HOTEL, RESTAURANT, RETAIL
26 DISPENSER OR CLUB LICENSEE OR PRIVATE RETAIL LIQUOR STORE
27 LICENSEE, AND NO OFFICER, DIRECTOR OR STOCKHOLDER, AGENT OR
28 EMPLOYE OF ANY SUCH LICENSEE SHALL IN ANY WISE BE INTERESTED,
29 DIRECTLY OR INDIRECTLY, IN THE OWNERSHIP OR LEASEHOLD OF ANY
30 PROPERTY OR THE EQUIPMENT OF ANY PROPERTY OR ANY MORTGAGE LIEN
19810H0392B2403 - 19 -
1 AGAINST THE SAME, USED BY A DISTRIBUTOR, IMPORTING DISTRIBUTOR,
2 OR BY AN IMPORTER OR SACRAMENTAL WINE LICENSEE, IN THE CONDUCT
3 OF HIS BUSINESS; NOR SHALL ANY HOTEL, RESTAURANT, RETAIL
4 DISPENSER OR CLUB LICENSEE OR PRIVATE RETAIL LIQUOR STORE
5 LICENSEE, OR ANY OFFICER, DIRECTOR, STOCKHOLDER, AGENT OR
6 EMPLOYE OF ANY SUCH LICENSEE, EITHER DIRECTLY OR INDIRECTLY,
7 LEND ANY MONEYS, CREDIT, OR GIVE ANYTHING OF VALUE OR THE
8 EQUIVALENT THEREOF, TO ANY DISTRIBUTOR, IMPORTING DISTRIBUTOR,
9 IMPORTER OR SACRAMENTAL WINE LICENSEE, FOR EQUIPPING, FITTING
10 OUT, OR MAINTAINING AND CONDUCTING, EITHER IN WHOLE OR IN PART,
11 AN ESTABLISHMENT USED IN THE CONDUCT OF HIS BUSINESS.
12 (F) THE PURPOSE OF THIS SECTION IS TO REQUIRE A SEPARATION
13 OF THE FINANCIAL AND BUSINESS INTERESTS BETWEEN MANUFACTURERS
14 AND HOLDERS OF HOTEL OR RESTAURANT LIQUOR LICENSES OR PRIVATE
15 RETAIL LIQUOR STORE LICENSES AND, AS HEREIN PROVIDED, OF CLUB
16 LICENSES, ISSUED UNDER THIS ARTICLE, AND NO PERSON SHALL, BY ANY
17 DEVICE WHATSOEVER, DIRECTLY OR INDIRECTLY, EVADE THE PROVISIONS
18 OF THE SECTION. BUT IN VIEW OF EXISTING ECONOMIC CONDITIONS,
19 NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT
20 THE OWNERSHIP OF PROPERTY OR CONFLICTING INTEREST BY A
21 MANUFACTURER OF ANY PLACE OCCUPIED BY A LICENSEE UNDER THIS
22 ARTICLE AFTER THE MANUFACTURER HAS CONTINUOUSLY OWNED AND HAD A
23 CONFLICTING INTEREST IN SUCH PLACE FOR A PERIOD OF AT LEAST FIVE
24 YEARS PRIOR TO JULY EIGHTEENTH, ONE THOUSAND NINE HUNDRED
25 THIRTY-FIVE: PROVIDED, HOWEVER, THAT THIS CLAUSE SHALL NOT
26 PROHIBIT ANY HOTEL, RESTAURANT OR CLUB LIQUOR LICENSEE OR
27 PRIVATE RETAIL LIQUOR STORE LICENSEE FROM OWNING LAND WHICH IS
28 LEASED TO, AND THE BUILDINGS THEREON OWNED BY, A HOLDER OF A
29 RETAIL DISPENSER'S LICENSE; AND NOTHING IN THIS CLAUSE SHALL
30 PREVENT THE ISSUANCE OF A RETAIL DISPENSER'S LICENSE TO A LESSEE
19810H0392B2403 - 20 -
1 OF SUCH LANDS WHO OWNS THE BUILDINGS THEREON: AND, PROVIDED
2 FURTHER, THAT NOTHING CONTAINED IN THIS SECTION SHALL BE
3 CONSTRUED TO PROHIBIT ANY HOTEL, RESTAURANT, RETAIL DISPENSER OR
4 CLUB LICENSEE OR PRIVATE RETAIL LIQUOR STORE LICENSEE OR ANY
5 OFFICER, DIRECTOR OR STOCKHOLDER, AGENT OR EMPLOYE OF ANY SUCH
6 LICENSEE FROM HAVING A FINANCIAL OR OTHER INTEREST, DIRECTLY OR
7 INDIRECTLY IN THE OWNERSHIP OR LEASEHOLD OF ANY PROPERTY OR THE
8 EQUIPMENT OF ANY PROPERTY OR ANY MORTGAGE LIEN AGAINST SAME,
9 USED, LEASED BY AN IMPORTER OR SACRAMENTAL WINE LICENSEE FOR THE
10 EXCLUSIVE PURPOSE OF MAINTAINING COMMERCIAL OFFICES AND ON THE
11 CONDITION THAT SAID PROPERTY IS NOT USED FOR THE STORAGE OR SALE
12 OF LIQUOR OR MALT OR BREWED BEVERAGES IN ANY QUANTITY.
13 SECTION 14. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
14 SECTION 420. AUTHORITY TO ISSUE LIQUOR LICENSES TO PRIVATE
15 RETAIL LIQUOR STORES.--(A) SUBJECT TO THE PROVISIONS OF THIS
16 ACT AND THE REGULATIONS PROMULGATED UNDER THIS ACT, THE BOARD
17 SHALL HAVE AUTHORITY TO ISSUE A PRIVATE RETAIL LIQUOR LICENSE TO
18 A PERSON, CORPORATION OR ASSOCIATION FOR ANY PREMISES FOR THE
19 PURPOSE OF ESTABLISHING, OPERATING AND MAINTAINING A PRIVATE
20 RETAIL LIQUOR STORE. THE LICENSES SHALL ENTITLE THE PRIVATE
21 RETAIL LIQUOR STORE TO PURCHASE LIQUOR AND ALCOHOL FROM THE
22 BOARD AND TO KEEP ON THE PREMISES SUCH LIQUOR AND ALCOHOL AND,
23 SUBJECT TO THE PROVISIONS OF THIS ACT AND THE REGULATIONS MADE
24 THEREUNDER, TO SELL THE SAME FOR OFF-PREMISE CONSUMPTION. NO
25 PERSON WHO HOLDS ANY ELECTED PUBLIC OFFICE IN THIS COMMONWEALTH
26 OR IN ANY POLITICAL SUBDIVISION OF THIS COMMONWEALTH SHALL BE
27 ISSUED A PRIVATE RETAIL LIQUOR STORE LICENSE, NOR SHALL SUCH
28 PERSONS HAVE ANY INTEREST, DIRECTLY OR INDIRECTLY, IN ANY SUCH
29 LICENSE.
30 (B) LICENSES TO PRIVATE RETAIL LIQUOR STORES SHALL BE
19810H0392B2403 - 21 -
1 NONTRANSFERABLE AND NONASSIGNABLE FROM ONE PERSON TO ANOTHER
2 EXCEPT UPON DEATH OF THE LICENSEE WHOSE TRANSFER TO A MEMBER OF
3 THE IMMEDIATE FAMILY MAY BE PROVIDED FOR BY REGULATION OF THE
4 BOARD AND MAY BE TRANSFERRED FROM ONE LOCATION TO ANOTHER ONLY
5 THROUGH REAPPLICATION TO THE BOARD.
6 (C) LICENSES SHALL BE REVOCABLE BY THE BOARD FOR CAUSE.
7 (D) PRIVATE RETAIL LIQUOR STORES SHALL NOT BE SUBJECT TO THE
8 PROVISIONS OF SECTIONS 407, 461 AND 468, CLAUSES (2), (19) AND
9 (20) OF SECTION 493 AND THE PROVISIONS OF THE ACT OF JUNE 24,
10 1939 (P.L.806, NO.358), ENTITLED "AN ACT LIMITING THE NUMBER OF
11 LICENSES FOR THE RETAIL SALE OF LIQUOR, MALT OR BREWED
12 BEVERAGES, OR MALT AND BREWED BEVERAGES, TO BE ISSUED BY THE
13 PENNSYLVANIA LIQUOR CONTROL BOARD; DEFINING HOTELS, AND
14 PRESCRIBING THE ACCOMMODATIONS REQUIRED OF HOTELS IN CERTAIN
15 MUNICIPALITIES."
16 (E) NO SINGLE INDIVIDUAL, CORPORATION OR ASSOCIATION SHALL
17 BE ALLOWED TO HOLD INTEREST IN MORE THAN ONE SUCH LICENSE FOR A
18 PRIVATE RETAIL LIQUOR STORE UNTIL AFTER A PERIOD OF NO LESS THAN
19 THIRTY-THREE MONTHS FROM THE EFFECTIVE DATE OF THIS ACT AT WHICH
20 TIME THE BOARD SHALL HAVE THE AUTHORITY TO ISSUE ADDITIONAL
21 PRIVATE RETAIL LIQUOR STORE LICENSES TO EXISTING LICENSEES UPON
22 APPLICATION BY SAID LICENSEES. IN REVIEWING AN APPLICATION FOR
23 SAID ADDITIONAL LICENSE OR LICENSES, THE BOARD MAY DENY AN
24 APPLICATION FOR AN ADDITIONAL LICENSE BY AN EXISTING LICENSEE
25 ONLY WHEN, BY A PREPONDERANCE OF EVIDENCE, IT FINDS:
26 (1) THAT THE ISSUANCE OF AN ADDITIONAL LICENSE TO AN
27 EXISTING LICENSEE WOULD SUBSTANTIALLY LESSEN COMPETITION OR
28 CREATE A MONOPOLY IN THE RETAIL DISTRIBUTION OF LIQUOR AND
29 ALCOHOL WITHIN THE LOCAL MARKET AREA; OR
30 (2) THAT ANY APPLICATION FOR AN ADDITIONAL LICENSE HAD BEEN
19810H0392B2403 - 22 -
1 FILED PURSUANT TO THE DIRECT OR INDIRECT ACQUISITION OF THE
2 WHOLE OR ANY PART OF THE STOCK, OTHER SHARE CAPITAL OR ASSETS OF
3 ANOTHER INDIVIDUAL, CORPORATION OR ASSOCIATION WHEREIN THE
4 EFFECT OF SUCH ACQUISITION OR OF THE USE OF SUCH STOCK BY THE
5 VOTING OR GRANTING OF PROXIES OR OTHERWISE, WOULD SUBSTANTIALLY
6 LESSEN COMPETITION, OR CREATE A MONOPOLY IN THE RETAIL
7 DISTRIBUTION OF LIQUOR AND ALCOHOL WITHIN THE LOCAL MARKET AREA.
8 SECTION 421. LICENSE DISTRICTS; LICENSE YEAR; HEARINGS FOR
9 PRIVATE RETAIL LIQUOR STORE LICENSES AND RENEWALS.--THE BOARD
10 MAY, BY REGULATION, DIVIDE THE STATE INTO CONVENIENT LICENSE
11 DISTRICTS AND MAY HOLD HEARINGS ON APPLICATIONS FOR LICENSES AND
12 RENEWALS THEREOF, AS IT DEEMS NECESSARY, AT A CONVENIENT PLACE
13 OR PLACES IN EACH OF SAID DISTRICTS, AT SUCH TIMES AS IT SHALL
14 FIX, BY REGULATION, FOR THE PURPOSE OF HEARING TESTIMONY FOR AND
15 AGAINST APPLICATIONS FOR NEW LICENSES AND RENEWALS THEREOF. THE
16 BOARD MAY PROVIDE FOR THE HOLDING OF SUCH HEARINGS BY EXAMINERS
17 LEARNED IN THE LAW, TO BE APPOINTED BY THE GOVERNOR, WHO SHALL
18 NOT BE SUBJECT TO THE ACT OF AUGUST 5, 1941 (P.L.752, NO.286),
19 KNOWN AS THE "CIVIL SERVICE ACT." SUCH EXAMINERS SHALL MAKE A
20 REPORT TO THE BOARD IN EACH CASE WITH THEIR RECOMMENDATIONS. THE
21 BOARD SHALL, BY REGULATION, FIX THE LICENSE PERIOD AND MAY
22 PROVIDE FOR STAGGERED EXPIRATION DATES.
23 SECTION 422. APPLICATIONS FOR PRIVATE RETAIL LIQUOR
24 LICENSES.--(A) EVERY APPLICANT FOR A PRIVATE RETAIL LIQUOR
25 LICENSE OR FOR THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER
26 PREMISES SHALL FILE A WRITTEN APPLICATION WITH THE BOARD IN SUCH
27 FORM AND CONTAINING SUCH INFORMATION AS THE BOARD SHALL FROM
28 TIME TO TIME PRESCRIBE, WHICH SHALL BE ACCOMPANIED BY A FILING
29 FEE IN AN AMOUNT DETERMINED BY THE BOARD SUFFICIENT TO COVER
30 RELATED COSTS, THE PRESCRIBED LICENSE FEE AND THE BOND
19810H0392B2403 - 23 -
1 HEREINAFTER SPECIFIED.
2 (B) WITH EACH INITIAL APPLICATION EVERY APPLICANT SHALL
3 PROVIDE A FINANCIAL STATEMENT IN THE FORM AND CONTAINING SUCH
4 INFORMATION AS THE BOARD SHALL FROM TIME TO TIME PRESCRIBE TO
5 INDICATE THE APPLICANT'S FINANCIAL CAPABILITY TO OPERATE THE
6 PRIVATE LICENSED RETAIL STORE AND THE ESTIMATED VOLUME OF
7 BUSINESS TO BE CONDUCTED IN THE PRIVATE RETAIL LIQUOR STORE.
8 (C) WITH EACH INITIAL APPLICATION AND EACH RENEWAL, THE
9 APPLICANT SHALL IDENTIFY THE LOCATION AND OWNERSHIP OF THE
10 PROPOSED SITE FOR THE PRIVATE RETAIL LIQUOR STORE.
11 (D) IF THE APPLICANT IS A NATURAL PERSON, HIS APPLICATION
12 MUST SHOW THAT HE IS A CITIZEN OF THE UNITED STATES AND HAS BEEN
13 A RESIDENT OF THIS COMMONWEALTH FOR AT LEAST TWO YEARS
14 IMMEDIATELY PRECEDING HIS APPLICATION AND IS NOT ACTING AS AN
15 AGENT FOR ANY OTHER PERSON, PARTNERSHIP, ASSOCIATION OR GROUP OF
16 PERSONS BENEFICIALLY INTERESTED IN SUCH LICENSE.
17 (E) IF THE APPLICANT IS A CORPORATION, THE APPLICATION MUST
18 SHOW THAT THE CORPORATION WAS CREATED UNDER THE LAWS OF
19 PENNSYLVANIA OR HOLDS A CERTIFICATE OF AUTHORITY TO TRANSACT
20 BUSINESS IN PENNSYLVANIA, THAT ALL OFFICERS, DIRECTORS AND
21 STOCKHOLDERS WITH A MAJOR INTEREST (FIVE PER CENTUM OR MORE) IN
22 THE STOCK OF THE CORPORATION ARE CITIZENS OF THE UNITED STATES
23 AND THAT THE MANAGER IS A CITIZEN OF THE UNITED STATES.
24 (F) (1) EACH APPLICATION SHALL BE SIGNED AND VERIFIED BY
25 OATH OR AFFIRMATION BY THE OWNER, IF A NATURAL PERSON, OR, IN
26 THE CASE OF AN ASSOCIATION, BY A MEMBER OR PARTNER THEREOF, OR,
27 IN THE CASE OF A CORPORATION, BY AN EXECUTIVE OFFICER THEREOF OR
28 ANY PERSON SPECIFICALLY AUTHORIZED BY THE CORPORATION TO SIGN
29 THE APPLICATION, TO WHICH SHALL BE ATTACHED WRITTEN EVIDENCE OF
30 HIS AUTHORITY.
19810H0392B2403 - 24 -
1 (2) IF THE APPLICANT IS AN ASSOCIATION, THE APPLICATION
2 SHALL SET FORTH THE NAMES AND ADDRESSES OF THE PERSONS
3 CONSTITUTING THE ASSOCIATION, AND IF A CORPORATION, THE NAMES
4 AND ADDRESSES OF THE PRINCIPAL OFFICERS THEREOF.
5 (G) EVERY APPLICANT FOR A NEW LICENSE OR FOR THE TRANSFER OF
6 AN EXISTING LICENSE TO ANOTHER PREMISES NOT THEN LICENSED SHALL
7 POST, FOR A PERIOD OF AT LEAST SIXTY (60) DAYS BEGINNING WITH
8 THE DAY THE APPLICATION IS FILED WITH THE BOARD, IN A
9 CONSPICUOUS PLACE ON THE OUTSIDE OF THE PREMISES OR AT THE
10 PROPOSED NEW LOCATION FOR WHICH THE LICENSE IS APPLIED, A NOTICE
11 OF SUCH APPLICATION, IN SUCH FORM, OF SUCH SIZE, AND CONTAINING
12 SUCH INFORMATION AS THE BOARD MAY REQUIRE BY ITS REGULATIONS.
13 EVERY SUCH APPLICANT SHALL ALSO ADVERTISE THE NOTICE OF SUCH
14 APPLICATION IN A NEWSPAPER OF GENERAL CIRCULATION, OR A WEEKLY
15 NEWSPAPER SERVING THE AREA IN WHICH THE STORE WILL BE LOCATED,
16 ONCE BEFORE THE POSTING HEREINBEFORE REQUIRED AND A SECOND TIME
17 DURING THE FIRST WEEK OF SUCH POSTING. PROOF OF THE POSTING AND
18 OF THE ADVERTISING OF SUCH NOTICE SHALL BE FILED WITH THE BOARD.
19 (H) IF ANY FALSE STATEMENT IS INTENTIONALLY MADE IN ANY PART
20 OF THE APPLICATION, THE AFFIANT SHALL BE DEEMED GUILTY OF A
21 MISDEMEANOR OF THE SECOND DEGREE AND, UPON CONVICTION, SHALL BE
22 SUBJECT TO THE PENALTIES PROVIDED BY THIS ARTICLE.
23 SECTION 423. REVIEW AND APPROVAL OF APPLICATION FOR PRIVATE
24 RETAIL LIQUOR STORE LICENSE.--(A) ALL APPLICATIONS FOR
25 LICENSEES SHALL BE THOROUGHLY REVIEWED BY THE BOARD AND BY
26 APPROPRIATE LAW ENFORCEMENT AGENCIES BEFORE APPROVAL OR
27 DISAPPROVAL.
28 (B) REVIEWS SHALL INCLUDE THOROUGH REVIEW OF THE REQUIRED
29 FINANCIAL STATEMENT AND ANY OTHER SUPPORTING FINANCIAL
30 INFORMATION WHICH SHALL BE REQUIRED BY THE BOARD.
19810H0392B2403 - 25 -
1 (C) THE BOARD SHALL NOT GRANT A LICENSE TO ANY APPLICANT WHO
2 HAS BEEN CONVICTED OF A FELONY WITHIN THE FIVE (5) YEARS
3 IMMEDIATELY PRECEDING THE DATE OF APPLICATION.
4 (D) THE BOARD SHALL NOT GRANT A LICENSE TO ANY APPLICANT WHO
5 RECEIVES FUNDS FOR THE FINANCING OF ANY PART OF THE PRIVATE
6 RETAIL LIQUOR STORE FROM ANY INDIVIDUAL WHO HAS BEEN CONVICTED
7 OF A FELONY WITHIN THE FIVE (5) YEARS IMMEDIATELY PRECEDING THE
8 DATE OF APPLICATION.
9 (E) IN ANY INSTANCE IN WHICH A LICENSE APPLICANT OR PERSONS
10 WITH FINANCIAL INTEREST IN THE LICENSE ARE UNDER INDICTMENT FOR
11 A FELONY OR UNDER INVESTIGATION BY A LEGALLY CONSTITUTED GRAND
12 JURY, THE BOARD SHALL WITHHOLD APPROVAL OR DISAPPROVAL OF THE
13 LICENSE UNTIL SUCH TIME AS ALL LEGAL PROCEEDINGS RELATED TO THE
14 FELONY ARE RESOLVED.
15 (F) UPON REVIEW OF THE APPLICATION AND UPON RECEIPT OF THE
16 PROPER FEES AND BOND, AND UPON BEING SATISFIED OF THE TRUTH OF
17 THE STATEMENTS IN THE APPLICATION, THAT THE APPLICANT IS THE
18 ONLY PERSON IN ANY MANNER PECUNIARILY INTERESTED IN THE BUSINESS
19 SO ASKED TO BE LICENSED AND THAT NO OTHER PERSON WILL BE IN ANY
20 MANNER PECUNIARILY INTERESTED THEREIN DURING THE CONTINUANCE OF
21 THE LICENSE, EXCEPT AS HEREINAFTER PERMITTED, AND THAT THE
22 APPLICANT IS A PERSON OF GOOD REPUTE, THAT THE PREMISES APPLIED
23 FOR MEET ALL THE REQUIREMENTS OF THIS ACT AND THE REGULATIONS OF
24 THE BOARD, THAT THE APPLICANT SEEKS A LICENSE FOR A PRIVATE
25 RETAIL LIQUOR STORE AS DEFINED IN SECTION 102 AND THAT THE
26 ISSUANCE OF SUCH LICENSE IS NOT PROHIBITED BY ANY OF THE
27 PROVISIONS OF THIS ACT, THE BOARD SHALL GRANT AND ISSUE TO THE
28 APPLICANT A PRIVATE RETAIL LIQUOR LICENSE.
29 SECTION 424. PHYSICAL LIMITATIONS.--(A) THE PREMISES OF ALL
30 PRIVATE RETAIL LIQUOR STORES SHALL BE SELF-CONTAINED UNITS WITH
19810H0392B2403 - 26 -
1 LIMITED CUSTOMER ACCESS. ALL PURCHASES MADE WITHIN THE
2 LIMITATIONS OF THE PREMISES SHALL BE PAID FOR AT A LOCATION
3 WITHIN THE CONFINES OF THE LIQUOR SALES AREA.
4 (B) EVERY LICENSE APPLICATION FOR A PRIVATE RETAIL LIQUOR
5 STORE SHALL CONTAIN A DESCRIPTION OF THE PREMISES FOR WHICH THE
6 APPLICANT DESIRES A LICENSE AND SHALL SET FORTH SUCH OTHER
7 MATERIAL, INFORMATION AND DESCRIPTION OF PLAN OF THAT PREMISES
8 WHERE IT IS PROPOSED TO KEEP AND SELL LIQUOR AS MAY BE REQUIRED
9 BY THE REGULATIONS OF THE BOARD.
10 (C) THE DESCRIPTIONS, INFORMATION AND PLANS REFERRED TO IN
11 THIS SUBSECTION SHALL SHOW THE PROPOSED LOCATION AT THE TIME THE
12 APPLICATION IS MADE, AND SHALL SHOW ANY ALTERATIONS PROPOSED TO
13 BE MADE THERETO, OR THE NEW BUILDING PROPOSED TO BE CONSTRUCTED
14 AFTER THE APPROVAL BY THE BOARD OF THE APPLICATION FOR A LICENSE
15 OR FOR THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES
16 NOT THEN LICENSED. NO PHYSICAL ALTERATIONS, IMPROVEMENTS OR
17 CHANGES SHALL BE REQUIRED TO BE MADE NOR SHALL ANY NEW BUILDING
18 FOR ANY SUCH PURPOSE, BE REQUIRED TO BE CONSTRUCTED UNTIL
19 APPROVAL OF THE APPLICATION FOR LICENSE OR FOR THE TRANSFER OF
20 AN EXISTING LICENSE TO ANOTHER PREMISES NOT THEN LICENSED BY THE
21 BOARD. AFTER APPROVAL OF THE APPLICATION, THE LICENSEE SHALL
22 MAKE THE PHYSICAL ALTERATIONS, IMPROVEMENTS AND CHANGES TO THE
23 LICENSED PREMISES, OR SHALL CONSTRUCT THE NEW BUILDING IN THE
24 MANNER SPECIFIED BY THE BOARD AT THE TIME OF APPROVAL, AND THE
25 LICENSEE SHALL NOT TRANSACT ANY BUSINESS UNDER THE LICENSE UNTIL
26 THE BOARD HAS APPROVED THE COMPLETED PHYSICAL ALTERATIONS,
27 IMPROVEMENTS AND CHANGES TO THE LICENSED PREMISES, OR THE
28 COMPLETED CONSTRUCTION OF THE NEW BUILDING AS CONFORMING TO THE
29 SPECIFICATIONS REQUIRED BY THE BOARD AT THE TIME OF ISSUANCE OR
30 TRANSFER OF THE LICENSE, AND IS SATISFIED THAT THE ESTABLISHMENT
19810H0392B2403 - 27 -
1 IS A PRIVATE RETAIL LIQUOR STORE AS DEFINED BY THIS ACT. THE
2 BOARD MAY REQUIRE THAT ALL SUCH ALTERATIONS OR CONSTRUCTION OR
3 CONFORMITY TO DEFINITION BE COMPLETED WITHIN SIX MONTHS FROM THE
4 TIME OF ISSUANCE OR TRANSFER OF THE LICENSE. FAILURE TO COMPLY
5 WITH THESE REQUIREMENTS SHALL BE CONSIDERED CAUSE FOR REVOCATION
6 OF THE LICENSE. NO SUCH LICENSE SHALL BE TRANSFERABLE BETWEEN
7 THE TIME OF ISSUANCE OR TRANSFER OF THE LICENSE AND THE APPROVAL
8 OF THE COMPLETED ALTERATIONS OR CONSTRUCTION BY THE BOARD AND
9 FULL COMPLIANCE BY THE LICENSEE WITH REQUIREMENTS OF THIS ACT,
10 EXCEPT IN THE CASE OF DEATH OF THE LICENSEE PRIOR TO FULL
11 COMPLIANCE WITH ALL OF THE AFOREMENTIONED REQUIREMENTS, IN WHICH
12 EVENT, THE LICENSE MAY BE TRANSFERRED BY THE BOARD AS PROVIDED
13 BY REGULATION OF THE BOARD FOR THE TRANSFER OF THE LICENSE IN
14 THE CASE OF DEATH OF THE LICENSEE.
15 (D) THE BOARD SHALL HAVE THE DISCRETION TO LIMIT THE NUMBER
16 OF RETAIL LICENSES ISSUED IN A PARTICULAR MUNICIPALITY IF IT
17 FINDS THAT THE NUMBER OF RETAIL LIQUOR STORES IN SUCH
18 MUNICIPALITY IS SUFFICIENT TO SERVE THE LOCAL MARKET AND THAT
19 ANY INCREASE IN THE NUMBER OF SUCH LICENSES WOULD BE DETRIMENTAL
20 TO THE PUBLIC HEALTH, SAFETY, MORALS, ECONOMIC WELFARE OR
21 GENERAL WELFARE OF THE COMMUNITY. THE BOARD MAY CONSIDER THE
22 IMPACT OF SUCH PREMISES ON THE CHARACTER AND AESTHETICS OF THE
23 IMMEDIATE NEIGHBORHOOD. THE BOARD MAY ALSO CONSIDER WHETHER SUCH
24 PREMISES WILL CAUSE SUBSTANTIAL INJURY TO THE VALUE OF OTHER
25 PROPERTY IN THE NEIGHBORHOOD IN WHICH IT IS TO BE LOCATED. SUCH
26 INJURY SHALL NOT INCLUDE THE COMPETITIVE BUSINESS INJURY
27 NORMALLY EXPECTED TO RESULT TO AN EXISTING RETAIL LIQUOR STORE
28 BY THE GRANT OF AN ADDITIONAL RETAIL LIQUOR LICENSE IN THE SAME
29 AREA.
30 SECTION 425. LICENSE FEES.--LICENSE FEES FOR PRIVATE RETAIL
19810H0392B2403 - 28 -
1 LIQUOR STORES SHALL BE GRADUATED ACCORDING TO THE VOLUME OF
2 LIQUOR OBTAINED THROUGH THE PENNSYLVANIA LIQUOR LICENSING AND
3 CONTROL BOARD. THE BOARD, THROUGH REGULATION, SHALL SET THE FEES
4 IN SUCH A MANNER SO AS TO ENSURE THAT LICENSE REVENUES ARE
5 SUFFICIENT THAT ALL COSTS OF THE BOARD FOR THE ENFORCEMENT AND
6 LICENSING INCLUDING ADVERTISING BY THE BOARD OF PRIVATE RETAIL
7 LIQUOR STORES ARE REIMBURSED. ALSO, THE LICENSE FEE SHALL BE
8 SUFFICIENTLY HIGH TO INSURE THAT THE LICENSEE HAS A SIGNIFICANT
9 COMMITMENT TO THE LICENSE AS AN INDICATION THAT THE LICENSEE HAS
10 SUFFICIENT RESOURCES TO ESTABLISH, OPERATE AND MAINTAIN A
11 RESPONSIBLE BUSINESS. ALL FEES RECEIVED SHALL BE DEPOSITED IN
12 THE STATE STORES FUND.
13 SECTION 426. SALES BY PRIVATE RETAIL LIQUOR STORES.--(A)
14 EVERY PRIVATE RETAIL LIQUOR STORE MAY SELL LIQUOR FOR
15 CONSUMPTION OFF-PREMISE. IN ADDITION TO THE SALE OF LIQUOR,
16 PRIVATE RETAIL LIQUOR STORES MAY SELL RELATED MERCHANDISE NOT
17 INCLUDING BEER WITHIN THE CONTROLLED AREA OF THE STORE. THE
18 BOARD SHALL PROMULGATE REGULATIONS STIPULATING WHAT ADDITIONAL
19 RELATED MERCHANDISE MAY BE OFFERED FOR RETAIL SALE IN PRIVATE
20 RETAIL LIQUOR STORES.
21 (B) IN THOSE AREAS OF THE STATE WHICH DO NOT PROHIBIT BY
22 LOCAL OPTION PRIVATE RETAIL LIQUOR STORES AND WHERE THE BOARD
23 RECEIVES NO ACCEPTABLE APPLICANTS FOR THE LICENSING OF A PRIVATE
24 RETAIL LIQUOR STORE, THE BOARD MAY ISSUE LICENSES TO A PERSON OR
25 CORPORATION FOR SALE OF LIQUOR OR WINE FOR CONSUMPTION OFF THE
26 PREMISES AT A LOCATION WHICH SHALL NOT BE SUBJECT TO THE
27 PROVISIONS OF SECTION 424(A). IN NO CASE SHALL SUCH LOCATION
28 PROVIDE FOR SELF-SERVICE SALES OF WINE OR LIQUOR.
29 (C) PRIVATE RETAIL LIQUOR STORE LICENSEES MAY SELL LIQUOR
30 AND RELATED MERCHANDISE ONLY AFTER SEVEN O'CLOCK ANTEMERIDIAN OF
19810H0392B2403 - 29 -
1 ANY DAY UNTIL TWO O'CLOCK ANTEMERIDIAN OF THE FOLLOWING DAY,
2 EXCEPT SUNDAY, AND EXCEPT AS PROVIDED IN SECTION 472.5 AND
3 EXCEPT ON ANY PRIMARY, MUNICIPAL OR GENERAL ELECTION DAY.
4 (D) ANY PRIVATE RETAIL LIQUOR STORE MAY, BY GIVING NOTICE TO
5 THE BOARD, ADVANCE BY ONE HOUR THE HOURS HEREIN PRESCRIBED AS
6 THOSE DURING WHICH LIQUOR MAY BE SOLD DURING SUCH PART OF THE
7 YEAR WHEN DAYLIGHT SAVING TIME IS BEING OBSERVED GENERALLY IN
8 THE MUNICIPALITY IN WHICH THE PLACE OF BUSINESS OF SUCH LICENSEE
9 IS LOCATED. ANY LICENSEE WHO ELECTS TO OPERATE HIS PLACE OF
10 BUSINESS IN ACCORDANCE WITH DAYLIGHT SAVING TIME SHALL POST A
11 CONSPICUOUS NOTICE IN HIS PLACE OF BUSINESS THAT HE IS OPERATING
12 IN ACCORDANCE WITH DAYLIGHT SAVING TIME.
13 (E) NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY, WHENEVER
14 DECEMBER 31 FALLS ON A SUNDAY, EVERY PRIVATE RETAIL LIQUOR STORE
15 MAY SELL LIQUOR AND RELATED MERCHANDISE ON ANY SUCH DAY AFTER
16 ONE O'CLOCK POSTMERIDIAN AND UNTIL TWO O'CLOCK ANTEMERIDIAN OF
17 THE FOLLOWING DAY.
18 (F) NO LIQUOR OR ALCOHOL PACKAGE SHALL BE OPENED ON THE
19 PREMISES OF A PRIVATE LICENSED RETAIL STORE. NO LICENSEE NOR ANY
20 EMPLOYE OF ANY LICENSEE SHALL ALLOW ANY LIQUOR OR ALCOHOL TO BE
21 CONSUMED ON THE PREMISE, NOR SHALL ANY PERSON CONSUME ANY LIQUOR
22 ON SUCH PREMISES.
23 SECTION 15. CLAUSE (5) OF SUBSECTION (D) OF SECTION 465 OF
24 THE ACT IS AMENDED TO READ:
25 SECTION 465. ALL LICENSEES TO FURNISH BOND.--* * *
26 (D) THE PENAL SUM OF THE RESPECTIVE BONDS FILED UNDER THE
27 PROVISIONS OF THIS SECTION SHALL BE AS FOLLOWS:
28 * * *
29 (5) HOTEL, RESTAURANT, CLUB AND PUBLIC SERVICE LIQUOR
30 LICENSEES AND PRIVATE RETAIL LIQUOR STORE LICENSEES, TWO
19810H0392B2403 - 30 -
1 THOUSAND DOLLARS ($2,000.00), BUT IN THE CASE OF A RAILROAD OR
2 PULLMAN COMPANY, SUCH PENAL SUM SHALL COVER EVERY DINING, CLUB
3 OR BUFFET CAR OF SUCH COMPANY OPERATED UNDER SUCH LICENSE.
4 * * *
5 SECTION 16. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
6 SECTION 471.1. REFUSAL TO ISSUE, SUSPENSION OR REVOCATION OF
7 LICENSE.--THE BOARD SHALL HAVE THE POWER TO REFUSE TO ISSUE AND
8 THE POWER TO SUSPEND OR REVOKE A LICENSE WHEN THE BOARD FINDS
9 THAT:
10 (1) THE LICENSEE HAS VIOLATED ANY OF THE PROVISIONS OF THIS
11 ACT OR ANY OF THE RULES AND REGULATIONS OF THE BOARD.
12 (2) THE APPLICANT OR LICENSEE HAS KNOWINGLY PRESENTED TO THE
13 BOARD FALSE, INCOMPLETE OR MISLEADING INFORMATION RELATING TO
14 LICENSURE.
15 (3) TH APPLICANT OR LICENSEE HAS PLEADED GUILTY, ENTERED A
16 PLEA OF NOLO CONTENDERE OR HAS BEEN FOUND GUILTY OF A FELONY BY
17 A JUDGE OR JURY IN ANY STATE OR FEDERAL COURT.
18 SECTION 17. SECTION 472 OF THE ACT, AMENDED JULY 11, 1980
19 (P.L.558, NO.117), IS AMENDED TO READ:
20 SECTION 472. LOCAL OPTION.--(A) IN ANY MUNICIPALITY OR ANY
21 PART OF A MUNICIPALITY WHERE SUCH MUNICIPALITY IS SPLIT SO THAT
22 EACH PART THEREOF IS SEPARATED BY ANOTHER MUNICIPALITY, AN
23 ELECTION MAY BE HELD ON THE DATE OF THE PRIMARY ELECTION
24 IMMEDIATELY PRECEDING ANY MUNICIPAL ELECTION, BUT NOT OFTENER
25 THAN ONCE IN FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS
26 WITH RESPECT TO THE GRANTING OF LIQUOR LICENSES TO HOTELS,
27 RESTAURANTS AND CLUBS, NOT OFTENER THAN ONCE IN FOUR YEARS, WITH
28 RESPECT TO THE GRANTING OF LICENSES TO RETAIL DISPENSERS OF MALT
29 AND BREWED BEVERAGES, NOT OFTENER THAN ONCE IN FOUR YEARS WITH
30 RESPECT TO GRANTING OF LICENSES TO WHOLESALE DISTRIBUTORS AND
19810H0392B2403 - 31 -
1 IMPORTING DISTRIBUTORS, OR NOT MORE THAN ONCE IN FOUR YEARS WITH
2 RESPECT TO THE ESTABLISHMENT, OPERATION AND MAINTENANCE [BY THE
3 BOARD OF PENNSYLVANIA LIQUOR STORES] OF PRIVATE RETAIL LIQUOR
4 STORES, WITHIN THE LIMITS OF SUCH MUNICIPALITY OR PART OF A
5 SPLIT MUNICIPALITY, UNDER THE PROVISIONS OF THIS ACT: PROVIDED,
6 HOWEVER, WHERE AN ELECTION SHALL HAVE BEEN HELD AT THE PRIMARY
7 PRECEDING A MUNICIPAL ELECTION IN ANY YEAR, ANOTHER ELECTION MAY
8 BE HELD UNDER THE PROVISIONS OF THIS ACT AT THE PRIMARY
9 OCCURRING THE FOURTH YEAR AFTER SUCH PRIOR ELECTION: AND
10 PROVIDED FURTHER, THAT AN ELECTION ON THE QUESTION OF
11 ESTABLISHING AND OPERATING [A STATE LIQUOR STORE] PRIVATE RETAIL
12 LIQUOR STORES SHALL BE INITIATED ONLY IN THOSE MUNICIPALITIES,
13 OR THAT PART OF A SPLIT MUNICIPALITY THAT SHALL HAVE VOTED
14 AGAINST THE GRANTING OF LIQUOR LICENSES; AND THAT AN ELECTION ON
15 THE QUESTION OF GRANTING WHOLESALE DISTRIBUTOR AND IMPORTING
16 DISTRIBUTOR LICENSES SHALL BE INITIATED ONLY IN THOSE
17 MUNICIPALITIES OR PARTS OF SPLIT MUNICIPALITIES THAT SHALL HAVE
18 AT A PREVIOUS ELECTION VOTED AGAINST THE GRANTING OF DISPENSER'S
19 LICENSES. [WHENEVER] THE QUESTION RELATING TO A PRIVATE RETAIL
20 LIQUOR STORE MAY APPEAR ON THE PRIMARY BALLOT FIRST FOLLOWING
21 PASSAGE OF THIS ACT AND SUBSEQUENT TO THAT TIME AT ANY PRIMARY
22 ELECTION IMMEDIATELY PRECEDING A MUNICIPAL ELECTION IN ANY YEAR
23 AT LEAST FOUR (4) YEARS THEREAFTER. IN ALL MUNICIPALITIES THAT
24 HAVE OPTED TO EXCLUDE STATE LIQUOR STORES AT ELECTIONS PRECEDING
25 THE ADOPTION OF THIS ACT, THE EXCLUSION OF PRIVATE RETAIL LIQUOR
26 STORES WILL CONTINUE UNTIL AT A LATER ELECTION A MAJORITY OF THE
27 VOTING ELECTORS VOTE YES ON SUCH A QUESTION.
28 (B) EXCEPT AS PROVIDED IN SUBSECTION (A), WHENEVER ELECTORS
29 EQUAL TO AT LEAST TWENTY-FIVE PER CENTUM OF THE HIGHEST VOTE
30 CAST FOR ANY OFFICE IN THE MUNICIPALITY OR PART OF A SPLIT
19810H0392B2403 - 32 -
1 MUNICIPALITY AT THE LAST PRECEDING GENERAL ELECTION SHALL FILE A
2 PETITION WITH THE COUNTY BOARD OF ELECTIONS OF THE COUNTY FOR A
3 REFERENDUM ON THE QUESTION OF GRANTING ANY OF SAID CLASSES OF
4 LICENSES [OR THE ESTABLISHMENT OF PENNSYLVANIA LIQUOR STORES],
5 THE SAID COUNTY BOARD OF ELECTIONS SHALL CAUSE A QUESTION TO BE
6 PLACED ON THE BALLOTS OR ON THE VOTING MACHINE BOARD AND
7 SUBMITTED AT THE PRIMARY IMMEDIATELY PRECEDING THE MUNICIPAL
8 ELECTION. SEPARATE PETITIONS MUST BE FILED FOR EACH QUESTION TO
9 BE VOTED ON. SAID PROCEEDINGS SHALL BE IN THE MANNER AND SUBJECT
10 TO THE PROVISIONS OF THE ELECTION LAWS WHICH RELATE TO THE
11 SIGNING, FILING AND ADJUDICATION OF NOMINATION PETITIONS,
12 INSOFAR AS SUCH PROVISIONS ARE APPLICABLE.
13 (C) WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF ON-
14 PREMISE LIQUOR LICENSES, IT SHALL BE IN THE FOLLOWING FORM:
15 DO YOU FAVOR THE GRANTING OF ON-PREMISE LIQUOR LICENSES
16 FOR THE SALE OF LIQUOR IN........................ YES
17 OF..............................................? NO
18 (D) WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF
19 LICENSES TO RETAIL DISPENSERS OF MALT AND BREWED BEVERAGES, IT
20 SHALL BE IN THE FOLLOWING FORM:
21 DO YOU FAVOR THE GRANTING OF MALT AND BREWED
22 BEVERAGE RETAIL DISPENSER LICENSES FOR
23 CONSUMPTION ON PREMISES WHERE SOLD IN THE........ YES
24 OF..............................................? NO
25 (E) WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF
26 LICENSES TO WHOLESALE DISTRIBUTORS OF MALT OR BREWED BEVERAGES
27 AND IMPORTING DISTRIBUTORS, IT SHALL BE IN THE FOLLOWING FORM:
28 DO YOU FAVOR THE GRANTING OF MALT AND BREWED
29 BEVERAGE WHOLESALE DISTRIBUTOR'S AND IMPORTING
30 DISTRIBUTOR'S LICENSES NOT FOR CONSUMPTION ON
19810H0392B2403 - 33 -
1 PREMISES WHERE SOLD IN THE....................... YES
2 OF..............................................? NO
3 (F) WHEN THE QUESTION IS IN RESPECT TO THE ESTABLISHMENT,
4 OPERATION AND MAINTENANCE OF [PENNSYLVANIA LIQUOR STORES]
5 PRIVATE RETAIL LIQUOR STORES IT SHALL BE IN THE FOLLOWING FORM:
6 DO YOU FAVOR THE ESTABLISHMENT, OPERATION
7 AND MAINTENANCE OF [PENNSYLVANIA LIQUOR
8 STORES] PRIVATE RETAIL LIQUOR STORES IN THE YES
9 ........OF...................................? NO
10 (G) IN CASE OF A TIE VOTE, THE STATUS QUO SHALL OBTAIN. IF A
11 MAJORITY OF THE VOTING ELECTORS ON ANY SUCH QUESTION VOTE "YES,"
12 THEN LIQUOR LICENSES SHALL BE GRANTED BY THE BOARD TO HOTELS,
13 RESTAURANTS AND CLUBS, OR MALT AND BREWED BEVERAGE RETAIL
14 DISPENSER LICENSES OR WHOLESALE DISTRIBUTOR'S AND IMPORTING
15 DISTRIBUTOR'S LICENSE FOR THE SALE OF MALT OR BREWED BEVERAGES
16 SHALL BE GRANTED BY THE BOARD, OR [THE BOARD MAY ESTABLISH,
17 OPERATE AND MAINTAIN PENNSYLVANIA LIQUOR STORES] TO INDIVIDUALS
18 OR CORPORATIONS FOR ESTABLISHING, OPERATING AND MAINTAINING A
19 PRIVATE RETAIL LIQUOR STORE, AS THE CASE MAY BE, IN SUCH
20 MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY, AS PROVIDED BY
21 THIS ACT; BUT IF A MAJORITY OF THE ELECTORS VOTING ON ANY SUCH
22 QUESTION VOTE "NO," THEN THE BOARD SHALL HAVE NO POWER TO GRANT
23 OR TO RENEW UPON THEIR EXPIRATION ANY LICENSES OF THE CLASS SO
24 VOTED UPON IN SUCH MUNICIPALITY OR PART OF A SPLIT
25 MUNICIPALITY[; OR IF THE NEGATIVE VOTE IS ON THE QUESTION IN
26 RESPECT TO THE ESTABLISHMENT, OPERATION AND MAINTENANCE OF
27 PENNSYLVANIA LIQUOR STORES, THE BOARD SHALL NOT OPEN AND OPERATE
28 A PENNSYLVANIA LIQUOR STORE IN SUCH MUNICIPALITY OR PART OF A
29 SPLIT MUNICIPALITY, NOR CONTINUE TO OPERATE A THEN EXISTING
30 PENNSYLVANIA LIQUOR STORE IN THE MUNICIPALITY OR PART OF A SPLIT
19810H0392B2403 - 34 -
1 MUNICIPALITY FOR MORE THAN TWO YEARS THEREAFTER OR AFTER THE
2 EXPIRATION OF THE TERM OF THE LEASE ON THE PREMISES OCCUPIED BY
3 SUCH STORE, WHICHEVER PERIOD IS LESS, UNLESS AND UNTIL AT A
4 LATER ELECTION A MAJORITY OF THE VOTING ELECTORS VOTE "YES" ON
5 SUCH QUESTION].
6 SECTION 18. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
7 SECTION 472.4. ADDITIONAL LOCAL POWERS.--IN ANY MUNICIPALITY
8 WHEREIN PRIVATE RETAIL LIQUOR STORE LICENSES HAVE BEEN ISSUED,
9 THE MUNICIPAL GOVERNMENT THROUGH LOCAL ORDINANCES SHALL HAVE THE
10 POWER TO EXERCISE ADDITIONAL OPTIONS TO CONTROL THE SALE OF
11 LIQUOR WITHIN THE LIMITS OF THE MUNICIPALITY. THE ADDITIONAL
12 POWERS SHALL BE LIMITED TO THE FOLLOWING:
13 (1) MUNICIPAL GOVERNMENTS MAY, WITHIN REASON, FURTHER
14 RESTRICT THE OPENING AND CLOSING TIMES OF PRIVATE RETAIL LIQUOR
15 STORES OVER AND ABOVE THAT PROVIDED IN THIS ACT.
16 (2) MUNICIPAL GOVERNMENTS MAY, WITHIN REASON, FURTHER
17 RESTRICT THE AMOUNT OF ON-PREMISE ADVERTISING.
18 SECTION 472.5. SUNDAY SALES.--NO PRIVATE RETAIL LIQUOR STORE
19 SHALL SELL LIQUOR ON SUNDAY.
20 SECTION 19. CLAUSES (2), (3), (7) AND (13) OF SECTION 491 OF
21 THE ACT, CLAUSE (2) AMENDED OCTOBER 2, 1974 (P.L.665, NO.220)
22 AND OCTOBER 10, 1974 (P.L.692, NO.231), ARE AMENDED TO READ:
23 SECTION 491. UNLAWFUL ACTS RELATIVE TO LIQUOR, ALCOHOL AND
24 LIQUOR LICENSEES.--
25 IT SHALL BE UNLAWFUL--
26 * * *
27 (2) POSSESSION OR TRANSPORTATION OF LIQUOR OR ALCOHOL. FOR
28 ANY PERSON, EXCEPT A MANUFACTURER OR THE BOARD OR THE HOLDER OF
29 A SACRAMENTAL WINE LICENSE OR OF AN IMPORTER'S LICENSE, TO
30 POSSESS OR TRANSPORT ANY LIQUOR OR ALCOHOL WITHIN THIS
19810H0392B2403 - 35 -
1 COMMONWEALTH WHICH WAS NOT LAWFULLY ACQUIRED PRIOR TO JANUARY
2 FIRST, ONE THOUSAND NINE HUNDRED AND THIRTY-FOUR, OR HAS NOT
3 BEEN PURCHASED [FROM A PENNSYLVANIA LIQUOR STORE OR] THROUGH THE
4 BOARD OR FROM A LICENSED LIMITED WINERY IN PENNSYLVANIA, EXCEPT
5 MINIATURES TOTALLING LESS THAN ONE GALLON PURCHASED BY A
6 COLLECTOR OF THE SAME IN ANOTHER STATE OR FOREIGN COUNTRY, OR IN
7 ACCORDANCE WITH THE BOARD'S REGULATIONS. THE BURDEN SHALL BE
8 UPON THE PERSON POSSESSING OR TRANSPORTING SUCH LIQUOR OR
9 ALCOHOL TO PROVE THAT IT WAS SO ACQUIRED. BUT NOTHING HEREIN
10 CONTAINED SHALL PROHIBIT THE MANUFACTURE OR POSSESSION OF WINE
11 BY ANY PERSON IN HIS HOME FOR CONSUMPTION OF HIMSELF, HIS FAMILY
12 AND GUESTS AND NOT FOR SALE, NOT EXCEEDING, DURING ANY ONE
13 CALENDAR YEAR, TWO HUNDRED GALLONS, ANY OTHER LAW TO THE
14 CONTRARY NOTWITHSTANDING. SUCH WINE SHALL NOT BE MANUFACTURED,
15 POSSESSED, OFFERED FOR SALE OR SOLD ON ANY LICENSED PREMISES.
16 NONE OF THE PROVISIONS HEREIN CONTAINED SHALL PROHIBIT NOR
17 SHALL IT BE UNLAWFUL FOR ANY PERSON TO IMPORT INTO PENNSYLVANIA,
18 TRANSPORT OR HAVE IN HIS POSSESSION, AN AMOUNT OF LIQUOR NOT
19 EXCEEDING ONE GALLON IN VOLUME UPON WHICH A STATE TAX HAS NOT
20 BEEN PAID, IF IT CAN BE SHOWN TO THE SATISFACTION OF THE BOARD
21 THAT SUCH PERSON PURCHASED THE LIQUOR IN A FOREIGN COUNTRY OR
22 UNITED STATES TERRITORY AND WAS ALLOWED TO BRING IT INTO THE
23 UNITED STATES. NEITHER SHALL THE PROVISIONS CONTAINED HEREIN
24 PROHIBIT NOR MAKE IT UNLAWFUL FOR (I) ANY MEMBER OF THE ARMED
25 FORCES ON ACTIVE DUTY, OR (II) ANY RETIRED MEMBER OF THE ARMED
26 FORCES, OR (III) ANY TOTALLY DISABLED VETERAN, OR (IV) THE
27 SPOUSE OF ANY PERSON INCLUDED IN THE FOREGOING CLASSES OF
28 PERSONS TO IMPORT INTO PENNSYLVANIA, TRANSPORT OR HAVE IN HIS
29 POSSESSION AN AMOUNT OF LIQUOR NOT EXCEEDING ONE GALLON PER
30 MONTH IN VOLUME UPON WHICH THE STATE TAX HAS NOT BEEN PAID, SO
19810H0392B2403 - 36 -
1 LONG AS SUCH LIQUOR HAS BEEN LAWFULLY PURCHASED FROM A PACKAGE
2 STORE ESTABLISHED AND MAINTAINED UNDER THE AUTHORITY OF THE
3 UNITED STATES AND IS IN CONTAINERS IDENTIFIED IN ACCORDANCE WITH
4 REGULATIONS ISSUED BY THE DEPARTMENT OF DEFENSE. SUCH LIQUOR
5 SHALL NOT BE POSSESSED, OFFERED FOR SALE OR SOLD ON ANY LICENSED
6 PREMISES.
7 NONE OF THE PROVISIONS HEREIN CONTAINED SHALL PROHIBIT NOR
8 SHALL IT BE UNLAWFUL FOR ANY CONSUL GENERAL, CONSUL OR OTHER
9 DIPLOMATIC OFFICER OF A FOREIGN GOVERNMENT TO IMPORT INTO
10 PENNSYLVANIA, TRANSPORT OR HAVE IN HIS POSSESSION LIQUOR UPON
11 WHICH A STATE TAX HAS NOT BEEN PAID, IF IT CAN BE SHOWN TO THE
12 SATISFACTION OF THE BOARD THAT SUCH PERSON ACQUIRED THE LIQUOR
13 IN A FOREIGN COUNTRY AND WAS ALLOWED TO BRING IT INTO THE UNITED
14 STATES. SUCH LIQUOR SHALL NOT BE POSSESSED, OFFERED FOR SALE OR
15 SOLD ON ANY LICENSED PREMISES.
16 ANY PERSON VIOLATING THE PROVISIONS OF THIS CLAUSE FOR A
17 FIRST OFFENSE INVOLVING THE POSSESSION OR TRANSPORTATION IN
18 PENNSYLVANIA OF ANY LIQUOR IN A PACKAGE (BOTTLE OR OTHER
19 RECEPTACLE) OR WINE NOT PURCHASED [FROM A PENNSYLVANIA LIQUOR
20 STORE] THROUGH THE BOARD OR FROM A LICENSED LIMITED WINERY IN
21 PENNSYLVANIA, WITH RESPECT TO WHICH SATISFACTORY PROOF IS
22 PRODUCED THAT THE REQUIRED FEDERAL TAX HAS BEEN PAID AND WHICH
23 WAS PURCHASED, PROCURED OR ACQUIRED LEGALLY OUTSIDE OF
24 PENNSYLVANIA SHALL UPON CONVICTION THEREOF IN A SUMMARY
25 PROCEEDING BE SENTENCED TO PAY A FINE OF TWENTY-FIVE DOLLARS
26 ($25) FOR EACH SUCH PACKAGE, PLUS COSTS OF PROSECUTION, OR
27 UNDERGO IMPRISONMENT FOR A TERM NOT EXCEEDING NINETY (90) DAYS.
28 EACH FULL QUART OR MAJOR FRACTION THEREOF SHALL BE CONSIDERED A
29 SEPARATE PACKAGE (BOTTLE OR OTHER RECEPTACLE) FOR THE PURPOSES
30 OF THIS CLAUSE. SUCH PACKAGES OF LIQUOR SHALL BE FORFEITED TO
19810H0392B2403 - 37 -
1 THE COMMONWEALTH IN THE MANNER PRESCRIBED IN ARTICLE VI OF THIS
2 ACT BUT THE VEHICLE, BOAT, VESSEL, ANIMAL OR AIRCRAFT USED IN
3 THE ILLEGAL TRANSPORTATION OF SUCH PACKAGES SHALL NOT BE SUBJECT
4 TO FORFEITURE: PROVIDED, HOWEVER, THAT IF IT IS A SECOND OR
5 SUBSEQUENT OFFENSE OR IF IT IS ESTABLISHED THAT THE ILLEGAL
6 POSSESSION OR TRANSPORTATION WAS IN CONNECTION WITH A COMMERCIAL
7 TRANSACTION, THEN THE OTHER PROVISIONS OF THIS ACT PROVIDING FOR
8 PROSECUTION AS A MISDEMEANOR AND FOR THE FORFEITURE OF THE
9 VEHICLE, BOAT, VESSEL, ANIMAL OR AIRCRAFT SHALL APPLY.
10 (3) PURCHASE OF LIQUOR OR ALCOHOL. FOR ANY PERSON WITHIN
11 THIS COMMONWEALTH, BY HIMSELF OR BY AN EMPLOYE OR AGENT, TO
12 ATTEMPT TO PURCHASE, OR DIRECTLY OR INDIRECTLY, OR UPON ANY
13 PRETENSE OR DEVICE WHATSOEVER, TO PURCHASE ANY LIQUOR OR ALCOHOL
14 FROM ANY PERSON OR SOURCE OTHER THAN [A PENNSYLVANIA LIQUOR
15 STORE] THROUGH THE BOARD, EXCEPT IN ACCORDANCE WITH THE
16 PROVISIONS OF THIS ACT OR THE REGULATIONS OF THE BOARD.
17 * * *
18 (7) SALES OF LIQUOR BY MANUFACTURERS AND LICENSED IMPORTERS.
19 FOR ANY MANUFACTURER OR LICENSED IMPORTER OF LIQUOR IN THIS
20 COMMONWEALTH, HIS AGENTS, SERVANTS OR EMPLOYES, TO SELL OR OFFER
21 TO SELL ANY LIQUOR IN THIS COMMONWEALTH EXCEPT TO THE BOARD FOR
22 USE IN PENNSYLVANIA LIQUOR [STORES] WAREHOUSES, AND IN THE CASE
23 OF A MANUFACTURER, TO THE HOLDER OF A SACRAMENTAL WINE LICENSE
24 OR AN IMPORTER'S LICENSE, BUT A MANUFACTURER OR LICENSED
25 IMPORTER MAY SELL OR OFFER TO SELL LIQUOR TO PERSONS OUTSIDE OF
26 THIS COMMONWEALTH.
27 * * *
28 (13) VIOLATION OF CERTAIN RULES AND REGULATIONS OF BOARD.
29 FOR ANY PERSON, TO VIOLATE ANY RULES AND REGULATIONS ADOPTED BY
30 THE BOARD TO INSURE THE EQUITABLE WHOLESALE [AND RETAIL] SALE
19810H0392B2403 - 38 -
1 AND DISTRIBUTION OF LIQUOR AND ALCOHOL THROUGH THE PENNSYLVANIA
2 LIQUOR [STORES] WAREHOUSES.
3 * * *
4 SECTION 20. SECTION 494 OF THE ACT IS AMENDED BY ADDING A
5 SUBSECTION TO READ:
6 SECTION 494. PENALTIES.--* * *
7 (C)(1) ANY PERSON WHO SHALL VIOLATE THE PROVISIONS OF
8 SECTION 493(1) SHALL BE GUILTY OF A MISDEMEANOR AND, UPON
9 CONVICTION THEREOF, SHALL BE SENTENCED TO PAY A FINE OF NOT LESS
10 THAN TWO-THOUSAND FIVE-HUNDRED DOLLARS ($2,500), AND ON FAILURE
11 TO PAY SUCH FINE, TO IMPRISONMENT FOR NOT LESS THAN ONE (1)
12 MONTH NOR MORE THAN THREE (3) MONTHS, AND FOR ANY SUBSEQUENT
13 OFFENSE, SHALL BE SENTENCED TO PAY A FINE OF FIVE THOUSAND
14 DOLLARS ($5,000) AND ON FAILURE TO PAY SUCH FINE, TO
15 IMPRISONMENT FOR NOT LESS THAN THREE (3) MONTHS NO MORE THAN ONE
16 (1) YEAR.
17 (2) THE BOARD SHALL SUSPEND THE LICENSE OF ANY LICENSEE WHO
18 HAS BEEN CONVICTED OF HAVING VIOLATED THE PROVISIONS OF SECTION
19 493(1) FOR A PERIOD OF SIX (6) MONTHS, AND UPON SUBSEQUENT
20 OFFENSE THE BOARD SHALL REVOKE THE LICENSE.
21 SECTION 21. THE HEADING AND SUBSECTIONS (B), (C) AND (E) OF
22 SECTION 495 OF THE ACT, AMENDED AUGUST 21, 1961 (P.L.1015,
23 NO.456), ARE AMENDED TO READ:
24 SECTION 495. IDENTIFICATION CARDS; LICENSEES [AND STATE
25 LIQUOR STORE EMPLOYES] SAVED FROM PROSECUTION.--* * *
26 (B) SUCH IDENTIFICATION CARD SHALL BE PRESENTED BY THE
27 HOLDER THEREOF UPON REQUEST OF [ANY STATE LIQUOR STORE OR] ANY
28 LICENSEE, OR THE SERVANT, AGENT OR EMPLOYE THEREOF, FOR THE
29 PURPOSE OF AIDING SUCH STORE, LICENSEE, OR THE SERVANT, AGENT OR
30 EMPLOYE TO DETERMINE WHETHER OR NOT SUCH PERSON IS TWENTY-ONE
19810H0392B2403 - 39 -
1 YEARS OF AGE AND UPWARDS, WHEN SUCH PERSON DESIRES ALCOHOLIC
2 BEVERAGE AT A [STATE LIQUOR STORE OR] LICENSED ESTABLISHMENT.
3 (C) IN ADDITION TO THE PRESENTATION OF SUCH IDENTIFICATION
4 CARD, [THE AGENT OF THE STATE LIQUOR STORE OR] THE LICENSEE OR
5 HIS SERVANT, AGENT OR EMPLOYE, SHALL REQUIRE THE PERSON WHOSE
6 AGE MAY BE IN QUESTION TO FILL IN AND SIGN A CARD IN THE
7 FOLLOWING FORM:
8 ............................ 19
9 I,........................................., HEREBY REPRESENT
10 TO ........................................., A [STATE STORE
11 OR] LICENSEE OF THE PENNSYLVANIA LIQUOR LICENSING AND CONTROL
12 BOARD, THAT I AM OF FULL AGE AND DISCRETION AND OVER THE AGE
13 OF 21 YEARS, HAVING BEEN BORN ON .......................
14 19.... AT ........... THIS STATEMENT IS MADE TO INDUCE SAID
15 STORE OR LICENSEE ABOVE NAMED TO SELL OR OTHERWISE FURNISH
16 ALCOHOLIC BEVERAGES TO THE UNDERSIGNED.
17 SERIAL NUMBER OF IDENTIFICATION CARD:
18 I UNDERSTAND THAT I AM SUBJECT TO A FINE OF
19 $300.00 AND SIXTY DAYS IMPRISONMENT FOR ANY
20 MISREPRESENTATION HEREIN.
21 ..................
22 (NAME)
23 ..................
24 (ADDRESS)
25 WITNESS:
26 NAME............................
27 ADDRESS.........................
28 SUCH STATEMENT SHALL BE PRINTED UPON A 3 INCH BY 5 INCH OR 4
29 INCH BY 5 INCH FILE CARD, WHICH CARD SHALL BE FILED
30 ALPHABETICALLY BY THE [STATE LIQUOR STORE OR] LICENSEE, AT OR
19810H0392B2403 - 40 -
1 BEFORE THE CLOSE OF BUSINESS ON THE DAY OF WHICH SAID
2 CERTIFICATE IS EXECUTED, IN A FILE BOX CONTAINING A SUITABLE
3 ALPHABETICAL INDEX, AND WHICH CARD SHALL BE SUBJECT TO
4 EXAMINATION BY ANY OFFICER, AGENT OR EMPLOYE OF THE LIQUOR
5 LICENSING AND CONTROL BOARD AT ANY AND ALL TIMES.
6 * * *
7 (E) THE SIGNED STATEMENT IN THE POSSESSION OF A LICENSEE [OR
8 AN EMPLOYE OF A STATE LIQUOR STORE] MAY BE OFFERED AS A DEFENSE
9 IN ALL CIVIL AND CRIMINAL PROSECUTIONS FOR SERVING A MINOR, AND
10 NO PENALTY SHALL BE IMPOSED IF THE LIQUOR LICENSING AND CONTROL
11 BOARD OR THE COURTS ARE SATISFIED THAT THE LICENSEE [OR STATE
12 LIQUOR STORE EMPLOYE] ACTED IN GOOD FAITH.
13 SECTION 22. SECTION 802 OF THE ACT, AMENDED SEPTEMBER 28,
14 1961 (P.L.1728, NO.702), IS AMENDED TO READ:
15 SECTION 802. MONEYS PAID INTO THE STATE STORES FUND FOR USE
16 OF THE COMMONWEALTH.--ALL MONEYS, EXCEPT FEES TO BE PAID INTO
17 THE LIQUOR LICENSE FUND AS PROVIDED BY THE PRECEDING SECTION,
18 COLLECTED, RECEIVED OR RECOVERED UNDER THE PROVISIONS OF THIS
19 ACT FOR LICENSE FEES, PERMIT FEES, FILING FEES AND REGISTRATION
20 FEES, FROM FORFEITURES, SALES OF FORFEITED PROPERTY, COMPROMISE
21 PENALTIES AND SALES OF LIQUOR AND ALCOHOL [AT THE PENNSYLVANIA
22 LIQUOR STORES] THROUGH THE BOARD SHALL BE PAID INTO THE STATE
23 TREASURY THROUGH THE DEPARTMENT OF REVENUE INTO A SPECIAL FUND
24 TO BE KNOWN AS "THE STATE STORES FUND."
25 [ONE-HALF] EXCEPT FOR PRIVATE RETAIL STORE FEES, ONE-HALF OF
26 ALL APPLICATION FILING AND TRANSFER FEES SHALL BE CREDITED TO A
27 SPECIAL ACCOUNT DESIGNATED AS THE ENFORCEMENT OFFICERS'
28 RETIREMENT ACCOUNT. THE MONEYS CREDITED TO THIS ACCOUNT SHALL BE
29 PAID, ANNUALLY, BY THE BOARD TO THE STATE [EMPLOYES'] EMPLOYEES'
30 RETIREMENT BOARD TO BE PAID INTO THE STATE [EMPLOYES']
19810H0392B2403 - 41 -
1 EMPLOYEES' RETIREMENT FUND AND CREDITED TO THE ENFORCEMENT
2 OFFICERS' BENEFIT ACCOUNT. ALL OTHER MONEYS IN SUCH FUND SHALL
3 BE AVAILABLE FOR THE PURPOSES FOR WHICH THEY ARE APPROPRIATED BY
4 LAW.
5 SECTION 23. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
6 ARTICLE VIII-A.
7 TRANSITION TO PRIVATE RETAIL LIQUOR STORES.
8 SECTION 801-A. TRANSITION POWER OF BOARD.--IT SHALL BE THE
9 POWER AND DUTY OF THE PENNSYLVANIA LIQUOR LICENSING AND CONTROL
10 BOARD TO PREPARE FOR AND CARRY OUT AN ORDERLY TRANSITION TO THE
11 PRIVATE RETAIL LIQUOR STORE SYSTEM IN A MANNER WHICH TO THE
12 EXTENT POSSIBLE IS CONSISTENT WITH THIS ACT AND OTHER LAWS OF
13 THE COMMONWEALTH, MINIMIZES DISRUPTION IN SERVICE TO THE PUBLIC
14 AND MAXIMIZES OPPORTUNITIES FOR SMALL BUSINESS AND MINORITY
15 BUSINESS IN PENNSYLVANIA.
16 SECTION 802-A. OPENING OF THE FIRST PRIVATE RETAIL LIQUOR
17 STORES.--(A) IN ORDER TO FACILITATE AN ORDERLY TRANSITION THE
18 FIRST PRIVATE RETAIL LIQUOR STORES SHALL BE AUTHORIZED TO OPEN
19 ON A DATE TO BE SPECIFIED BY THE BOARD IN EITHER THE MONTH OF
20 JUNE OR JULY AFTER A PERIOD OF NO LESS THAN TWENTY-ONE (21)
21 MONTHS AND NOR MORE THAN THIRTY-THREE (33) MONTHS FROM THE
22 EFFECTIVE DATE OF THIS ACT.
23 (B) IF THE BOARD DETERMINES THAT AN ORDERLY TRANSITION WOULD
24 BE FACILITATED BY OPENING A LIMITED NUMBER OF PRIVATE RETAIL
25 LIQUOR STORES IN SELECTED GEOGRAPHIC AREAS IN ORDER TO TEST
26 TRANSITION PROCEDURES AND IDENTIFY PROBLEMS WHICH MAY RESULT IN
27 NECESSARY ALTERATIONS TO THOSE PROCEDURES, THE BOARD MAY
28 AUTHORIZE THE OPENING OF SUCH TEST STORES NO MORE THAN THREE (3)
29 MONTHS PRIOR TO THE GENERAL INITIAL OPENING DATE. IN SELECTING
30 THESE TEST STORES AND LOCATIONS THE BOARD SHALL TAKE EVERY
19810H0392B2403 - 42 -
1 REASONABLE PRECAUTION TO REDUCE ANY UNFAIR COMPETITIVE ADVANTAGE
2 THE TEST STORES MAY HAVE AS A RESULT OF AN EARLY OPENING DATE.
3 SECTION 803-A. PUBLICATION OF LICENSE APPLICATIONS AND
4 APPROVALS.--NO LESS OFTEN THAN MONTHLY THE BOARD SHALL CAUSE TO
5 BE PUBLISHED IN AT LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN
6 THE COUNTY IN WHICH THE PRIVATE RETAIL LIQUOR STORE IS TO BE
7 LOCATED A LIST OF ALL APPLICATIONS MADE AND LICENSES GRANTED FOR
8 PRIVATE RETAIL LIQUOR STORES. SUCH LISTING SHALL CONTAIN BOTH
9 THE NAME OF THE APPLICANT OR LICENSEE AND THE LOCATION OF THE
10 STORE.
11 SECTION 804-A. AVAILABILITY OF SALES HISTORY.--THE BOARD
12 SHALL MAKE AVAILABLE A HISTORY OF SALES BY PRODUCT CODE AND
13 STATE STORE LOCATION. A FEE SHALL BE CHARGED FOR THE SALES
14 HISTORY IN AN AMOUNT DETERMINED BY THE BOARD TO BE SUFFICIENT TO
15 COVER THE COSTS OF PREPARING AND REPRODUCING THE HISTORY. ALL
16 FEES RECEIVED FROM SUCH SALES SHALL BE DEPOSITED IN THE STATE
17 STORES FUND.
18 SECTION 805-A. TRANSFER OF EXISTING STATE STORES.--IF A
19 PRIVATE RETAIL LIQUOR STORE LICENSEE WISHES TO TAKE OVER
20 OWNERSHIP OF MERCHANDISE OR FURNISHINGS OF AN EXISTING STATE
21 STORE THE FOLLOWING PROCEDURES SHALL APPLY:
22 (1) THE STATE STORE SHALL BE CLOSED FOR A PERIOD OF TIME
23 IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THE PRIVATE STORE
24 LICENSE TO ALLOW FOR A PHYSICAL INVENTORY OF MERCHANDISE,
25 SUPPLIES AND EQUIPMENT TO BE PURCHASED BY THE LICENSEE.
26 (2) THE PURCHASE PRICE OF MERCHANDISE SHALL BE AS LISTED IN
27 THE WHOLESALE PRICE LIST AS PUBLISHED BY THE BOARD.
28 (3) THE PURCHASE PRICE OF SUPPLIES SHALL BE THE CURRENT FAIR
29 MARKET VALUE OF THE ITEMS AT THE TIME OF THE TRANSFER.
30 (4) THE PURCHASE PRICE OF EQUIPMENT SHALL BE FIXED BY A
19810H0392B2403 - 43 -
1 MUTUALLY AGREEABLE APPRAISER WHOSE FEE SHALL BE EQUALLY SHARED
2 BY THE LICENSEE AND THE BOARD.
3 (5) THE FULL PRICE OF ALL ITEMS BEING TAKEN OVER BY THE
4 LICENSEE SHALL BE PAID TO THE BOARD PRIOR TO REOPENING OF THE
5 STORE BY THE LICENSEE AND ALL RECEIPTS FROM SUCH SALES SHALL BE
6 DEPOSITED IN THE STATE STORES FUND.
7 SECTION 806-A. DISPOSITION OF STATE STORE CONTENTS.--ALL
8 PRODUCT INVENTORY IN CLOSED STATE STORES SHALL BE (I) RETURNED
9 TO A BOARD WAREHOUSE FOR SALE, (II) TRANSFERRED TO OTHER STATE
10 STORES STILL OPEN, (III) HELD FOR SALE TO ANY RETAIL LICENSEE OR
11 (IV) SOLD AT SPECIAL SALE TO LICENSEES OR THE PUBLIC AS DEEMED
12 NECESSARY TO MOVE UNSALEABLE MERCHANDISE. ALL SURPLUS
13 FURNISHINGS AND EQUIPMENT SHALL BE DISPOSED OF THROUGH THE
14 DEPARTMENT OF GENERAL SERVICES AS PROVIDED FOR IN THE ACT OF
15 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE
16 CODE OF 1929." ALL PROCEEDS SHALL BE DEPOSITED IN THE STATE
17 STORES FUND.
18 SECTION 807-A. STATE STORE CLOSINGS.--AS THE MARKET AREAS OF
19 THE STATE STORES BECOME COVERED BY PRIVATE RETAIL LIQUOR STORES
20 THE BOARD SHALL CLOSE THE APPROPRIATE STATE STORES. AT LEAST
21 THREE TIMES DURING THE NINE (9) MONTHS AFTER THE FIRST PRIVATE
22 RETAIL LIQUOR STORE OPENS THE BOARD SHALL REVIEW ALL STATE
23 STORES AND CLOSE THOSE IN AREAS SERVICED BY NEW LICENSEES. UNDER
24 NO CIRCUMSTANCES SHALL ANY STATE STORE REMAIN OPEN FOR RETAIL
25 SALES BEYOND THE NINE (9) MONTHS FOLLOWING THE GENERAL INITIAL
26 OPENING DATE SET FOR PRIVATE RETAIL LIQUOR STORES.
27 SECTION 808-A. INITIAL LICENSES.--TO THE EXTENT POSSIBLE
28 LICENSE APPLICATIONS SHALL BE PROCESSED BY THE BOARD ON A FIRST
29 IN, FIRST OUT BASIS AND SHOULD LOGISTICS REQUIRE IT, THE
30 MERCHANDISE ORDERS FILLED BY THE BOARD WAREHOUSES SHALL BE
19810H0392B2403 - 44 -
1 PROCESSED IN ORDER OF DATE OF LICENSE APPROVAL SO THAT THE FIRST
2 LICENSES ISSUED SHALL RECEIVE PRIORITY.
3 SECTION 809-A. PRICE LIST.--THE INITIAL WHOLESALE PRICE LIST
4 OF ITEMS STOCKED IN BOARD WAREHOUSES SHALL BE PUBLISHED NO LATER
5 THAN FIFTEEN (15) WEEKS PRIOR TO THE DATE ON WHICH THE FIRST
6 PRIVATE RETAIL LIQUOR STORE MAY OPEN.
7 SECTION 810-A. INITIAL STORE ORDERS.--INITIAL LICENSEE
8 ORDERS SHALL BE RECEIVED NO LATER THAN THREE (3) MONTHS PRIOR TO
9 THE DATE ON WHICH THE FIRST PRIVATE RETAIL LIQUOR STORE MAY
10 OPEN.
11 SECTION 811-A. ADVERTISING.--ADVERTISING BY PRIVATE RETAIL
12 LIQUOR STORE LICENSEES SHALL BE PERMITTED ONE (1) MONTH IN
13 ADVANCE OF THE EFFECTIVE DATE OF THEIR LICENSE.
14 SECTION 812-A. EMPLOYMENT AND APPLICATION PREFERENCES;
15 FINANCIAL ASSISTANCE.--(A) ANY PERSON WHO IS AN EMPLOYE OF THE
16 BOARD ON THE EFFECTIVE DATE OF THIS ACT WHOSE EMPLOYMENT IS
17 TERMINATED BY REASON OF THIS ACT SHALL BE DEEMED PREFERRED ON
18 THE CIVIL SERVICE LIST FOR ANY EMPLOYMENT FOR WHICH HE WOULD
19 OTHERWISE BE QUALIFIED WITH THE COMMONWEALTH.
20 (B) ALL OTHERWISE QUALIFIED APPLICANTS FOR PRIVATE RETAIL
21 LIQUOR LICENSES WHO ARE EMPLOYES OF THE BOARD ON THE EFFECTIVE
22 DATE OF THIS ACT, OR WHO ARE MEMBERS OF A MINORITY GROUP, SHALL
23 BE GIVEN PREFERENCE BY THE BOARD FOR THE ISSUANCE OF SUCH
24 LICENSES. THE BOARD SHALL BY REGULATION ESTABLISH THE CRITERIA
25 AND PROCEDURES TO BE USED IN THE IMPLEMENTATION OF THIS
26 SUBSECTION AND SHALL GIVE PUBLIC NOTICE OF THE SAME AT LEAST
27 EIGHTEEN (18) MONTHS PRIOR TO THE OPENING OF THE FIRST PRIVATE
28 RETAIL LIQUOR STORES.
29 (C) ALL OTHERWISE QUALIFIED APPLICANTS FOR PRIVATE RETAIL
30 LIQUOR LICENSES WHO ARE EMPLOYES OF THE BOARD ON THE EFFECTIVE
19810H0392B2403 - 45 -
1 DATE OF THIS ACT, OR WHO ARE MEMBERS OF A MINORITY GROUP SHALL
2 BE GIVEN FINANCIAL AND TECHNICAL ASSISTANCE FROM THE STATE STORE
3 FUND AND THE BOARD. THE FINANCIAL ASSISTANCE SHALL BE MADE
4 AVAILABLE IN ACCORDANCE WITH THE SAME TERMS AND CONDITIONS OR
5 SET FORTH IN THE ACT OF JULY 22, 1974 (P.L.598, NO.206), KNOWN
6 AS THE "PENNSYLVANIA MINORITY BUSINESS DEVELOPMENT AUTHORITY
7 ACT," EXCEPT THAT THE MAXIMUM INTEREST RATE SHALL BE FOUR PER
8 CENT (4%) PER ANNUM. SUCH PERSONS SHALL ALSO BE ELIGIBLE FOR ALL
9 FINANCIAL ASSISTANCE AVAILABLE UNDER OTHER PROGRAMS OF THIS
10 COMMONWEALTH DESIGNED TO AID OR PROMOTE, THROUGH LOW INTEREST
11 LOANS OR OTHERWISE, SMALL BUSINESS ENTERPRISES AND MINORITY
12 BUSINESS ENTERPRISES. THE BOARD, IN COOPERATION WITH THE
13 DEPARTMENT OF COMMERCE, SHALL ASSIST SUCH PERSONS IN MAKING
14 APPLICATION FOR SUCH FINANCIAL ASSISTANCE.
15 SECTION 24. (A) THE PENNSYLVANIA LIQUOR CONTROL BOARD IS
16 HEREBY ABOLISHED AND THE TERMS OF ITS MEMBERS SHALL END
17 IMMEDIATELY.
18 (B) ALL PERSONNEL, FILES, STOCK, EQUIPMENT AND MONEYS UNDER
19 THE DIRECTION OR CONTROL OF THE PENNSYLVANIA LIQUOR CONTROL
20 BOARD ARE TRANSFERRED TO THE PENNSYLVANIA LIQUOR LICENSING AND
21 CONTROL BOARD.
22 SECTION 25. ALL ACTS OR PARTS OF ACTS INCONSISTENT WITH THE
23 PROVISIONS OF THIS ACT ARE REPEALED.
24 SECTION 26. SECTION 5 OF THIS ACT SHALL TAKE EFFECT
25 IMMEDIATELY AND THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN
26 30 DAYS.
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