PRINTER'S NO. 2010
No. 1701 Session of 1981
INTRODUCED BY COSLETT, PERZEL AND STEVENS, JUNE 24, 1981
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 24, 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 further regulating the sale of malt and brewed beverages by
18 certain manufacturers, distributors and importing
19 distributors, and making it unlawful to fail to establish and
20 provide minimum selling price schedules and to sell below
21 such prices.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 431, act of April 12, 1951 (P.L.90,
25 No.21), known as the "Liquor Code," is amended by adding a
26 subsection to read:
27 Section 431. Malt and Brewed Beverages Manufacturers',
1 Distributors' and Importing Distributors' Licenses.--* * *
2 (e) Each Pennsylvania manufacturer and each importing
3 distributor holding exclusive territorial rights from a
4 manufacturer, shall establish a minimum selling price for his
5 products to consumers, and he shall then establish the selling
6 price for his products to distributors and subsequent importing
7 distributors which shall be at least twenty percent less than
8 the established minimum selling price to consumers. A written
9 copy of such schedule of minimum selling prices shall be
10 maintained on his licensed premises and a copy thereof promptly
11 furnished to all of his importing distributors and distributor
12 customers. Minimum selling prices established by each
13 manufacturer and importing distributor as hereinabove provided
14 shall be uniform for each class of distributors and importing
15 distributors and shall be uniform for all consumers. Minimum
16 selling prices shall not be increased or decreased, except to
17 reflect malt beverage tax changes, before the expiration of one
18 hundred eighty days after the date on which the original minimum
19 selling price schedule, or any subsequent schedule, shall become
20 effective except as may be provided in any regulations
21 promulgated by the board. The board shall make such regulations
22 as are necessary to carry out the provisions of this subsection
23 in order to expedite, foster and encourage the orderly selling,
24 marketing and distribution of malt and brewed beverages and
25 prevent unfair and discriminatory practices in the industry.
26 Section 2. Section 492 of the act is amended by adding a
27 clause to read:
28 Section 492. Unlawful Acts Relative to Malt or Brewed
29 Beverages and Licensees.--
30 It shall be unlawful--
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1 * * *
2 (22) Minimum Selling Price Schedule Violations. For any
3 Pennsylvania manufacturer or for any importing distributor
4 having exclusive territorial rights as provided in subsection
5 (b) of section 431, to fail to establish and furnish to his
6 importing distributor and distributor customers a written
7 schedule of the minimum selling prices of the products which he
8 owns or for which he has exclusive territorial rights or for any
9 Pennsylvania manufacturer, importing distributor or distributor
10 to sell such products for less than the minimum selling prices
11 established for such products.
12 Section 3. This act shall take effect in 60 days.
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