PRIOR PRINTER'S NO. 156 PRINTER'S NO. 708
No. 133 Session of 1983
INTRODUCED BY CLARK, FEBRUARY 7, 1983
AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, AS AMENDED,
HOUSE OF REPRESENTATIVES, APRIL 5, 1983
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 providing for licensee's inside advertisements. <--
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 493(20) of the act of April 12, 1951
21 (P.L.90, No.21), known as the Liquor Code, is amended AND <--
22 CLAUSES ARE ADDED to read:
23 Section 493. Unlawful Acts Relative to Liquor, Malt and
24 Brewed Beverages and Licensees.--The term "licensee," when used
1 in this section, shall mean those persons licensed under the
2 provisions of Article IV, unless the context clearly indicates
3 otherwise.
4 It shall be unlawful--
5 * * *
6 (20) (i) Retail Liquor and Retail Malt or Brewed Beverages
7 Licensee's Inside Advertisements. For any retail liquor or
8 retail malt or brewed beverages licensee, to display or permit
9 the display in the show window or doorways of his licensed
10 premises, any placard or sign advertising the brands of liquor
11 or malt or brewed beverages produced by any one manufacturer, if
12 the total display area of any such placard or sign advertising
13 the products of any one manufacturer exceeds three hundred
14 square inches. Nothing herein shall prohibit a licensee from
15 displaying inside his licensed premises point of sale displays
16 advertising brand names of products sold by him, other than a
17 window or door display: Provided, That the total cost of all
18 such point of sale advertising matter relating to [products] any
19 one brand of any one manufacturer shall not exceed the sum of
20 [twenty dollars ($20)] seventy dollars ($70) at any one time,
21 and no single piece of advertising shall exceed a cost of [ten
22 dollars ($10)] thirty-five dollars ($35). All such advertising
23 material, including the window and door signs, may be furnished
24 by a manufacturer[, distributor or importing distributor] only;
25 however, an importing distributor or distributor shall not be
26 precluded from installing or delivering the advertising material
27 on behalf of the manufacturer.
28 (ii) No COOPERATIVE ADVERTISING. FOR A distributor or <--
29 importing distributor, directly or indirectly, independently or
30 otherwise, shall be required to participate WITH A MANUFACTURER <--
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1 in the purchase OR PAYMENT of any advertising of a brand product <--
2 in any name, in any form, whether it be radio, television,
3 newspaper, magazine or otherwise.
4 (20.1) MANUFACTURER SHALL NOT REQUIRE ADVERTISING. FOR A <--
5 MANUFACTURER TO REQUIRE A DISTRIBUTOR OR IMPORTING DISTRIBUTOR
6 TO PURCHASE ANY TYPE OF ADVERTISING.
7 (20.2) ADVERTISING SHALL BE ORDERED AND AUTHORIZED IN
8 ADVANCE. FOR ANY ADVERTISING TO BE DONE ON BEHALF OF A
9 DISTRIBUTOR OR IMPORTING DISTRIBUTOR WHICH WAS NOT ORDERED AND
10 AUTHORIZED IN ADVANCE BY THE DISTRIBUTOR OR IMPORTING
11 DISTRIBUTOR.
12 * * *
13 Section 2. This act shall take effect immediately.
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