PRINTER'S NO. 1162
No. 1052 Session of 1987
INTRODUCED BY FOX, LANGTRY, NAHILL, SCHULER, HECKLER, WASS,
SAURMAN, HAGARTY, SIRIANNI, FARMER, STEVENS, HERMAN,
E. Z. TAYLOR, GRUPPO, McVERRY, ARTY, BUNT, SEMMEL, FLICK AND
BOOK, APRIL 8, 1987
REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 8, 1987
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
2 act relating to alcoholic liquors, alcohol and malt and
3 brewed beverages; amending, revising, consolidating and
4 changing the laws relating thereto; regulating and
5 restricting the manufacture, purchase, sale, possession,
6 consumption, importation, transportation, furnishing, holding
7 in bond, holding in storage, traffic in and use of alcoholic
8 liquors, alcohol and malt and brewed beverages and the
9 persons engaged or employed therein; defining the powers and
10 duties of the Pennsylvania Liquor Control Board; providing
11 for the establishment and operation of State liquor stores,
12 for the payment of certain license fees to the respective
13 municipalities and townships, for the abatement of certain
14 nuisances and, in certain cases, for search and seizure
15 without warrant; prescribing penalties and forfeitures;
16 providing for local option, and repealing existing laws,"
17 providing powers and duties of the Office of Administrative
18 Law Judge and the Office of Attorney General; adding certain
19 definitions; and making editorial changes.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The definition of "regulation" in section 102 of
23 the act of April 12, 1951 (P.L.90, No.21), known as the Liquor
24 Code, is amended and the section is amended by adding a
25 definition to read:
1 Section 102. Definitions.--The following words or phrases,
2 unless the context clearly indicates otherwise, shall have the
3 meanings ascribed to them in this section:
4 * * *
5 "Division" shall mean the Liquor Code Enforcement Division of
6 the Office of Attorney General.
7 * * *
8 "Regulation" shall mean any regulation prescribed by the
9 board or the Attorney General for carrying out the provisions of
10 this act.
11 * * *
12 Section 2. Sections 104(c) and 205 of the act are amended to
13 read:
14 Section 104. Interpretation of Act.--* * *
15 (c) Except as otherwise expressly provided, the purpose of
16 this act is to prohibit the manufacture of and transactions in
17 liquor, alcohol and malt or brewed beverages which take place in
18 this Commonwealth, except by and under the control of the board
19 or the division, as herein specifically provided, and every
20 section and provision of the act shall be construed accordingly.
21 The provisions of this act dealing with the manufacture,
22 importation, sale and disposition of liquor, alcohol and malt or
23 brewed beverages within the Commonwealth through the
24 instrumentality of the board, the division and otherwise,
25 provide the means by which such control shall be made effective.
26 This act shall not be construed as forbidding, affecting or
27 regulating any transaction which is not subject to the
28 legislative authority of this Commonwealth.
29 * * *
30 Section 205. Bonds Required of Members and Secretary.--
19870H1052B1162 - 2 -
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 Control Board as the head of such board shall, with the approval
11 of the Executive Board, prescribe. Such bonds shall be payable
12 to the Commonwealth of Pennsylvania and shall be conditioned for
13 the faithful performance of the members', secretary's or
14 employes' duties imposed by law or by lawful authority and that
15 the person bonded will not knowingly violate the provisions of
16 this act. All bonds required to be given under this section
17 shall, before being accepted by the State Treasurer, be approved
18 by the [Department of Justice] Office of Attorney General, and
19 unless the Commonwealth shall establish its own indemnity fund,
20 all such bonds shall be given with security approved by the
21 [Department of Justice] Office of Attorney General. 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] Office of Attorney General. The cost
26 of such bonds required to be executed by a surety or sureties
27 shall be borne by the board as part of its operating expense.
28 Section 3. Sections 207(j) and 209 of the act are repealed.
29 Section 4. The act is amended by adding sections to read:
30 Section 211. Office of Administrative Law Judge.--(a) There
19870H1052B1162 - 3 -
1 is hereby created within the board an autonomous office to be
2 known as the Office of Administrative Law Judge.
3 (b) The Governor shall appoint a Chief Administrative Law
4 Judge and as many administrative law judges as may, from time to
5 time, be necessary for the holding of hearings required or
6 permitted under this act.
7 (c) Administrative law judges shall preside at all citation
8 and other enforcement hearings required or permitted under this
9 act.
10 (d) Administrative law judges appointed pursuant to this
11 section shall be learned in the law and shall be members in good
12 standing of the bar of the Supreme Court of Pennsylvania.
13 (e) Administrative law judges appointed pursuant to this
14 section shall be afforded employment security as provided by the
15 act of August 5, 1941 (P.L.752, No.286), known as the "Civil
16 Service Act."
17 (f) Compensation for the administrative law judges shall be
18 established by the Executive Board.
19 (g) Administrative law judges shall devote full time to
20 their official duties and shall perform no duties inconsistent
21 with their duties and responsibilities as administrative law
22 judges.
23 Section 212. Powers of the Liquor Code Enforcement
24 Division.--(a) There is hereby created within the Office of
25 Attorney General the Liquor Code Enforcement Division which
26 shall be responsible for enforcing this act and the regulations
27 promulgated pursuant thereto.
28 (b) The Attorney General shall appoint an Executive Director
29 of the division and shall fix his compensation.
30 (c) The employes of the division who are designated by the
19870H1052B1162 - 4 -
1 Executive Director of the division as law enforcement officers
2 are hereby declared to be peace officers and are hereby given
3 police power throughout the Commonwealth:
4 (1) To investigate whenever there are reasonable grounds to
5 believe liquor or malt or brewed beverage is being sold on
6 premises not licensed under the provisions of this act. If the
7 investigation produces evidence of the unlawful sale of liquor
8 or malt or brewed beverage or any other violation of the
9 provisions of this act, the employe of the Liquor Code
10 Enforcement Division involved in the investigation shall
11 institute criminal proceedings against the person or persons
12 believed to have been criminally liable, as otherwise provided
13 by law or rule of court.
14 (2) To arrest on view, except in private homes, without
15 warrant, any person actually engaged in the unlawful sale,
16 importation, manufacture or transportation or having unlawful
17 possession of liquor, alcohol or malt or brewed beverages
18 contrary to the provisions of this act or any other law of this
19 Commonwealth.
20 (3) Upon reasonable and probable cause, to search for and to
21 seize, without warrant or process, except in private homes, any
22 liquor, alcohol and malt or brewed beverages unlawfully
23 possessed, manufactured, sold, imported or transported and any
24 stills, equipment, materials, utensils, vehicles, boats,
25 vessels, animals, aircraft, or any of them, which are or have
26 been used in the unlawful manufacture, sale, importation or
27 transportation of the same. Such liquor, alcohol, malt or brewed
28 beverages, stills, equipment, materials, utensils, vehicles,
29 boats, vessels, animals or aircraft so seized shall be disposed
30 of as hereinafter provided.
19870H1052B1162 - 5 -
1 (4) To investigate, issue citations for, and prosecute said
2 citations for any violations of this act or any laws of this
3 Commonwealth relating to liquor, alcohol or malt or brewed
4 beverages, or any regulations of the board adopted pursuant to
5 such laws, of any violation of any laws of this Commonwealth or
6 of the United States of America, relating to the payment of
7 taxes on liquor, alcohol or malt or brewed beverages by any
8 licensee, his officers, servants, agents or employes.
9 (d) Any equipment or appurtenance actually used in the
10 commission of the unlawful acts may be confiscated. The
11 confiscation shall not, in any manner, divest or impair the
12 rights or interest of any bona fide lienholder in the equipment
13 or appurtenance.
14 Section 213. Restrictions on the Attorney General and
15 Certain Employes.--(a) Neither a member nor employe of the
16 Office of Administrative Law Judge, nor the Attorney General,
17 nor an employe of the division shall be directly or indirectly
18 interested or engaged in any other business or undertaking
19 dealing in liquor, alcohol or malt or brewed beverages, whether
20 as owner, part owner, partner, member of syndicate, shareholder,
21 agent or employe and whether for his own benefit or in a
22 fiduciary capacity for some other person.
23 (b) Neither the Attorney General, nor any employe thereof,
24 shall solicit or receive, directly or indirectly, any
25 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, or from any
28 person holding or seeking a license under the provisions of this
29 act.
30 Section 5. Section 471 of the act, amended January 13, 1966
19870H1052B1162 - 6 -
1 (1965 P.L.1301, No.518) and repealed in part June 3, 1971
2 (P.L.118, No.6), is amended to read:
3 Section 471. Revocation and Suspension of Licenses; Fines.--
4 [Upon learning of any violation of this act or any laws of this
5 Commonwealth relating to liquor, alcohol or malt or brewed
6 beverages, or of any regulations of the board adopted pursuant
7 to such laws, of any violation of any laws of this Commonwealth
8 or of the United States of America relating to the tax-payment
9 of liquor or malt or brewed beverages by any licensee within the
10 scope of this article, his officers, servants, agents or
11 employes, or upon any other sufficient cause shown, the board
12 may, within one year from the date of such violation or cause
13 appearing, cite such licensee to appear before it or its
14 examiner, not less than ten nor more than sixty days from the
15 date of sending such licensee, by registered mail, a notice
16 addressed to him at his licensed premises, to show cause why
17 such license should not be suspended or revoked or a fine
18 imposed. Hearings on such citations shall be held in the same
19 manner as provided herein for hearings on applications for
20 license. Upon such hearing, if satisfied that any such violation
21 has occurred or for other sufficient cause, the board shall
22 immediately suspend or revoke the license, or impose a fine of
23 not less than fifty dollars ($50) nor more than one thousand
24 dollars ($1,000), notifying the licensee by registered letter
25 addressed to his licensed premises. In the event the fine is not
26 paid within twenty days of the order the board shall suspend or
27 revoke the license, notifying the licensee by registered mail
28 addressed to his licensed premises. Suspensions and revocations
29 shall not go into effect until twenty days have elapsed from the
30 date of notice of issuance of the board's order, during which
19870H1052B1162 - 7 -
1 time the licensee may take an appeal as provided for in this
2 act. When a license is revoked, the licensee's bond may be
3 forfeited by the board. Any licensee whose license is revoked
4 shall be ineligible to have a license under this act until the
5 expiration of three years from the date such license was
6 revoked. In the event the board shall revoke a license, no
7 license shall be granted for the premises or transferred to the
8 premises in which the said license was conducted for a period of
9 at least one year after the date of the revocation of the
10 license conducted in the said premises, except in cases where
11 the licensee or a member of his immediate family is not the
12 owner of the premises, in which case the board may, in its
13 discretion, issue or transfer a license within the said year. In
14 all such cases, the board shall file of record at least a brief
15 statement in the form of an opinion of the reasons for the
16 ruling or order. In the event the person who was fined or whose
17 license was suspended or revoked by the board shall feel
18 aggrieved by the action of the board, he shall have the right to
19 appeal to the court of quarter sessions or the county court of
20 Allegheny County in the same manner as herein provided for
21 appeals from refusals to grant licenses. Upon appeal, the court
22 so appealed to shall, in the exercise of its discretion,
23 sustain, reject, alter or modify the findings, conclusions and
24 penalties of the board, based on the findings of fact and
25 conclusions of law as found by the court. The aforesaid appeal
26 shall act as a supersedeas unless upon sufficient cause shown
27 the court shall determine otherwise. No penalty provided by this
28 section shall be imposed by the board or any court for any
29 violations provided for in this act unless the enforcement
30 officer or the board notifies the licensee of its nature and of
19870H1052B1162 - 8 -
1 the date of the alleged violation within ten days of the
2 completion of the investigation which in no event shall exceed
3 ninety days.] (a) Upon learning of any violation of this act or
4 any laws of this Commonwealth relating to liquor, alcohol or
5 malt or brewed beverages, or of any regulations of the board
6 adopted pursuant to such laws, or any violation of any laws of
7 this Commonwealth or of the Federal Government relating to the
8 payment of taxes on liquor or malt or brewed beverages by any
9 licensee within the scope of this article, his officers,
10 servants, agents or employes, or upon any other sufficient cause
11 shown, the division may, within one year from the date of such
12 violation or cause appearing, cite such licensee to appear
13 before an administrative law judge, not less than ten nor more
14 than sixty days from the date of sending such licensee, by
15 registered mail, a notice addressed to him at his licensed
16 premises, to show cause why such license should not be suspended
17 or revoked or a fine imposed, or both. The division shall also
18 send a copy of the hearing notice to the municipality in which
19 the premises is located.
20 (b) Hearing on such citations shall be held in the same
21 manner as provided herein for hearings on applications for
22 license. Upon such hearing, if satisfied that any such violation
23 has occurred or for other sufficient cause, the administrative
24 law judge shall immediately suspend or revoke the license, or
25 impose a fine of not less than fifty dollars ($50) nor more than
26 one thousand dollars ($1,000), or both, notifying the licensee
27 by registered letter addressed to his licensed premises. If the
28 licensee has been cited and found to have violated section
29 493(1) insofar as it relates to sales to minors, (10) insofar as
30 it relates to lewd, immoral or improper entertainment, (14),
19870H1052B1162 - 9 -
1 (16) or (21) or has been found to be a public nuisance pursuant
2 to section 611, or if the owner or operator of the licensed
3 premises or any authorized agent of the owner or operator has
4 been convicted of any violation of the act of April 14, 1972
5 (P.L.233, No.64), known as "The Controlled Substance, Drug,
6 Device and Cosmetic Act," or of 18 Pa.C.S. § 5902 (relating to
7 prostitution and related offenses) or 6301 (relating to
8 corruption of minors), at or relating to the licensed premises,
9 the administrative law judge shall immediately suspend or revoke
10 the license, or impose a fine not to exceed five thousand
11 dollars ($5,000), or both. The administrative law judge shall
12 notify the licensee by registered mail, addressed to the
13 licensed premises, of such suspension, revocation or fine. The
14 increased civil penalty imposed by this subsection shall not be
15 used to require any licensee to increase the amount of the bond
16 required by this act. In the event the fine is not paid within
17 twenty days of the adjudication the administrative law judge
18 shall suspend or revoke the license, notifying the licensee by
19 registered mail addressed to the licensed premises. Suspensions
20 and revocations shall not go into effect until thirty days have
21 elapsed from the date of the adjudication during which time the
22 licensee may take an appeal as provided for in this act. When a
23 license is revoked, the licensee's bond may be forfeited. Any
24 licensee whose license is revoked shall be ineligible to have a
25 license under this act until the expiration of three years from
26 the date such license was revoked. In the event a license is
27 revoked, no license shall be granted for the premises or
28 transferred to the premises in which the said license was
29 conducted for a period of at least one year after the date of
30 the revocation of the license conducted in the said premises,
19870H1052B1162 - 10 -
1 except in cases where the licensee or a member of his immediate
2 family is not the owner of the premises, in which case the board
3 may, in its discretion, issue or transfer a license within the
4 said year. In the event the division or the person who was fined
5 or whose license was suspended or revoked shall feel aggrieved
6 by the adjudication of the administrative law judge, there shall
7 be a right to appeal to the court of common pleas in the same
8 manner as herein provided for appeals from refusals to grant
9 licenses. The aforesaid appeal shall act as a supersedeas unless
10 upon sufficient cause shown the court shall determine otherwise;
11 however, if the licensee has been cited and found to have
12 violated clause (1) insofar as it relates to sales to minors,
13 (10) insofar as it relates to lewd, immoral or improper
14 entertainment, (14), (16) or (21) of section 493 or has been
15 found to be a public nuisance pursuant to section 611, or if the
16 owner or operator of the licensed premises or any authorized
17 agent of the owner or operator has been convicted of any
18 violation of the act of April 14, 1972 (P.L.233, No.64), known
19 as "The Controlled Substance, Drug, Device and Cosmetic Act," or
20 of 18 Pa.C.S. § 5902 (relating to prostitution and related
21 offenses) or 6301 (relating to corruption of minors), at or
22 relating to the licensed premises, its appeal shall not act as a
23 supersedeas unless the court determines otherwise upon
24 sufficient cause shown. In any hearing on an application for a
25 supersedeas under this section the court may consider, in
26 addition to other relevant evidence, documentary evidence,
27 including records of the division, showing the prior history of
28 citations, fines, suspensions or revocations against the
29 licensee; and the court may also consider, in addition to other
30 relevant evidence, evidence of any recurrence of the unlawful
19870H1052B1162 - 11 -
1 activity occurring between the date of the citation which is the
2 subject of the appeal and the date of the hearing by the court.
3 No penalty provided by this section shall be imposed for any
4 violations provided for in this act unless the division notifies
5 the licensee of its nature within thirty days of the completion
6 of the investigation.
7 (c) (1) Upon reasonable cause, the division may cite a
8 licensee within the scope of this article for any violation of
9 this act or of any laws of this Commonwealth relating to liquor,
10 alcohol or malt or brewed beverages, or of any regulation
11 adopted pursuant to such laws, of any violation of any laws of
12 this Commonwealth or of the United States of America relating to
13 the payment of taxes on liquor or malt or brewed beverages by
14 any licensee within the scope of this act, his officers,
15 servants, agents or employes, or upon any other sufficient cause
16 shown.
17 (2) The citations allowed by clause (1) shall be on forms
18 designed and provided by the division.
19 (3) Any citation issued by the division pursuant to this
20 section shall identify the alleged violation and shall include
21 the date of said violation. A copy of said citation shall be
22 served by the division by delivering the citation to the
23 licensed premises and leaving it with the licensee or any
24 officer, servant, agent or employe of the licensee found on the
25 premises. If neither the licensee nor any officer, servant,
26 agent or employe of the licensee is found on the premises, the
27 citation may be served by leaving a copy thereof at the licensed
28 premises. A copy of the citation may be delivered as provided in
29 this subsection at the time that the violation is observed or
30 detected by the law enforcement agency or within thirty days
19870H1052B1162 - 12 -
1 following the later of either:
2 (i) the observance or detection of the violation; or
3 (ii) the completion of the investigation disclosing the
4 violation.
5 (4) Upon issuing any citation as herein provided, the
6 division shall schedule a hearing on the citation not less than
7 ten nor more than sixty days after a copy of the citation was
8 served as provided in clause (3). Any such hearing shall be
9 before an administrative law judge. At the hearing, the licensee
10 will be required to show cause why the license should not be
11 suspended or revoked or a fine imposed, or both. The hearing
12 provided for by this subsection shall be identical in form and
13 substance to a hearing on a citation issued pursuant to
14 subsection (a). The division shall, by registered mail, notify
15 the licensee of the date, time and place for the hearing.
16 (5) The division shall command the appearance at the
17 scheduled hearing of those persons, including members of the
18 division, necessary to prosecute the citation.
19 (d) If the violation in question is a third or subsequent
20 violation of this act or [the act of June 24, 1939 (P.L.872),
21 known as "The Penal Code,"] Title 18 of the Pennsylvania
22 Consolidated Statutes (relating to crimes and offenses),
23 occurring within a period of four years the [board]
24 administrative law judge shall impose a suspension or
25 revocation.
26 [The jurisdiction of the county court of Allegheny County
27 conferred hereby shall be exclusive within the territorial
28 limits of its jurisdiction.]
29 (e) At all hearings held to adjudicate citations issued by
30 the division pursuant to this section, the division shall be
19870H1052B1162 - 13 -
1 represented by the chief prosecuting attorney of the division or
2 an assistant prosecuting attorney. The Attorney General shall
3 appoint a chief prosecuting attorney and so many assistant
4 prosecuting attorneys as he deems necessary and appropriate. In
5 addition to representing the division at citation hearings or
6 other hearings before administrative law judges, the chief
7 prosecuting attorney and the assistant prosecuting attorneys
8 shall represent the division during all appeals in the courts
9 and shall render advice and legal assistance to the division in
10 matters arising under this act.
11 Section 6. Section 491 of the act, amended July 18, 1961
12 (P.L.789, No.347), May 5, 1970 (P.L.342, No.110), October 11,
13 1972 (P.L.906, No.215), October 2, 1974 (P.L.665, No.220),
14 October 10, 1974 (P.L.692, No.231), December 12, 1980 (P.L.1195,
15 No.221) and February 9, 1984 (P.L.21, No.8), is amended to read:
16 Section 491. Unlawful Acts Relative to Liquor, Alcohol and
17 Liquor Licensees.--
18 It shall be unlawful--
19 (1) Sales of Liquor. For any person, by himself or by an
20 employe or agent, to expose or keep for sale, or directly or
21 indirectly, or upon any pretense or upon any device, to sell or
22 offer to sell any liquor within this Commonwealth, except in
23 accordance with the provisions of this act and the regulations
24 of the board. This clause shall not be construed to prohibit
25 hospitals, physicians, dentists or veterinarians who are
26 licensed and registered under the laws of this Commonwealth from
27 administering liquor in the regular course of their professional
28 work and taking into account the cost of the liquor so
29 administered in making charges for their professional service,
30 or a pharmacist duly licensed and registered under the laws of
19870H1052B1162 - 14 -
1 this Commonwealth from dispensing liquor on a prescription of a
2 duly licensed physician, dentist or veterinarian, or selling
3 medical preparations containing alcohol, or using liquor in
4 compounding prescriptions or medicines and making a charge for
5 the liquor used in such medicines, or a manufacturing pharmacist
6 or chemist from using liquor in manufacturing preparations unfit
7 for beverage purposes and making a charge for the liquor so
8 used. All such liquors so administered or sold by hospitals,
9 physicians, dentists, veterinarians, pharmacists or chemists
10 shall conform to the Pharmacopoeia of the United States, the
11 National Formulary, or the American Homeopathic Pharmacopoeia.
12 This clause shall not be construed to prohibit an executor or an
13 administrator of a decedent's estate from selling privately or
14 at public auction liquor which was an asset of the decedent. The
15 board shall establish regulations to ensure that State taxes
16 from the sales will be paid by the estate from the proceeds of
17 the sale. The board may not prohibit a sale of liquor for the
18 reason that it was not lawfully acquired prior to January 1,
19 1934 or has not been purchased from a Pennsylvania liquor store
20 or in compliance with Pennsylvania law.
21 (2) Possession or Transportation of Liquor or Alcohol. For
22 any person, except a manufacturer or the board or the holder of
23 a sacramental wine license or of an importer's license, to
24 possess or transport any liquor or alcohol within this
25 Commonwealth which was not lawfully acquired prior to January
26 first, one thousand nine hundred and thirty-four, or has not
27 been purchased from a Pennsylvania Liquor Store or a licensed
28 limited winery in Pennsylvania, except miniatures totalling less
29 than one gallon purchased by a collector of the same in another
30 state or foreign country, or in accordance with the board's
19870H1052B1162 - 15 -
1 regulations. The burden shall be upon the person possessing or
2 transporting such liquor or alcohol to prove that it was so
3 acquired. But nothing herein contained shall prohibit the
4 manufacture or possession of wine by any person in his home for
5 consumption of himself, his family and guests and not for sale,
6 not exceeding, during any one calendar year, two hundred
7 gallons, any other law to the contrary notwithstanding. Such
8 wine shall not be manufactured, possessed, offered for sale or
9 sold on any licensed premises.
10 None of the provisions herein contained shall prohibit nor
11 shall it be unlawful for any person to import into Pennsylvania,
12 transport or have in his possession, an amount of liquor not
13 exceeding one gallon in volume upon which a State tax has not
14 been paid, if it can be shown to the satisfaction of the board
15 that such person purchased the liquor in a foreign country or
16 United States territory and was allowed to bring it into the
17 United States. Neither shall the provisions contained herein
18 prohibit nor make it unlawful for (i) any member of the armed
19 forces on active duty, or (ii) any retired member of the armed
20 forces, or (iii) any totally disabled veteran, or (iv) the
21 spouse of any person included in the foregoing classes of
22 persons to import into Pennsylvania, transport or have in his
23 possession an amount of liquor not exceeding one gallon per
24 month in volume upon which the State tax has not been paid, so
25 long as such liquor has been lawfully purchased from a package
26 store established and maintained under the authority of the
27 United States and is in containers identified in accordance with
28 regulations issued by the Department of Defense. Such liquor
29 shall not be possessed, offered for sale or sold on any licensed
30 premises.
19870H1052B1162 - 16 -
1 None of the provisions herein contained shall prohibit nor
2 shall it be unlawful for any consul general, consul or other
3 diplomatic officer of a foreign government to import into
4 Pennsylvania, transport or have in his possession liquor upon
5 which a State tax has not been paid, if it can be shown to the
6 satisfaction of the board that such person acquired the liquor
7 in a foreign country and was allowed to bring it into the United
8 States. Such liquor shall not be possessed, offered for sale or
9 sold on any licensed premises.
10 Any person violating the provisions of this clause for a
11 first offense involving the possession or transportation in
12 Pennsylvania of any liquor in a package (bottle or other
13 receptacle) or wine not purchased from a Pennsylvania Liquor
14 Store or from a licensed limited winery in Pennsylvania, with
15 respect to which satisfactory proof is produced that the
16 required Federal tax has been paid and which was purchased,
17 procured or acquired legally outside of Pennsylvania shall upon
18 conviction thereof in a summary proceeding be sentenced to pay a
19 fine of twenty-five dollars ($25) for each such package, plus
20 costs of prosecution, or undergo imprisonment for a term not
21 exceeding ninety (90) days. Each full quart or major fraction
22 thereof shall be considered a separate package (bottle or other
23 receptacle) for the purposes of this clause. Such packages of
24 liquor shall be forfeited to the Commonwealth in the manner
25 prescribed in Article VI of this act but the vehicle, boat,
26 vessel, animal or aircraft used in the illegal transportation of
27 such packages shall not be subject to forfeiture: Provided,
28 however, That if it is a second or subsequent offense or if it
29 is established that the illegal possession or transportation was
30 in connection with a commercial transaction, then the other
19870H1052B1162 - 17 -
1 provisions of this act providing for prosecution as a
2 misdemeanor and for the forfeiture of the vehicle, boat, vessel,
3 animal or aircraft shall apply.
4 (3) Purchase of Liquor or Alcohol. For any person within
5 this Commonwealth, by himself or by an employe or agent, to
6 attempt to purchase, or directly or indirectly, or upon any
7 pretense or device whatsoever, to purchase any liquor or alcohol
8 from any person or source other than a Pennsylvania Liquor
9 Store, except in accordance with the provisions of this act or
10 the regulations of the board.
11 (4) Possession and Use of Decanters. For any person to use
12 decanters of alcoholic beverages except that the use of
13 decanters or other similar receptacles by licensees shall be
14 permitted in the case of wines and then only in accordance with
15 the regulations of the board, but nothing herein contained shall
16 prohibit the manufacture and possession of wine as provided in
17 clause (2) of this section.
18 (5) Failure to Break Empty Liquor Containers. For any
19 restaurant, hotel or club licensee, his servants, agents or
20 employes, to fail to break any package in which liquors were
21 contained, except those decanter packages that the board
22 determines to be decorative, within twenty-four hours after the
23 original contents were removed therefrom.
24 (6) Sales by Restaurant and Hotel Liquor Licensees. For any
25 restaurant or hotel licensee, his servants, agents or employes,
26 to sell any liquor or malt or brewed beverages for consumption
27 on the licensed premises except in a room or rooms or place on
28 the licensed premises at all times accessible to the use and
29 accommodation of the general public, but this section shall not
30 be interpreted to prohibit a hotel licensee, or a restaurant
19870H1052B1162 - 18 -
1 licensee when the restaurant is located in a hotel, from selling
2 liquor or malt or brewed beverages in any room of such hotel
3 occupied by a bona fide guest or to prohibit a restaurant
4 licensee from selling liquor or malt or brewed beverages in a
5 bowling alley when no minors are present where the restaurant
6 and bowling alley are immediately adjacent and under the same
7 roof.
8 (7) Sales of Liquor by Manufacturers and Licensed Importers.
9 For any manufacturer or licensed importer of liquor in this
10 Commonwealth, his agents, servants or employes, to sell or offer
11 to sell any liquor in this Commonwealth except to the board for
12 use in Pennsylvania Liquor Stores, and in the case of a
13 manufacturer, to the holder of a sacramental wine license or an
14 importer's license, but a manufacturer or licensed importer may
15 sell or offer to sell liquor to persons outside of this
16 Commonwealth.
17 (8) Importation and Sales of Alcohol. For any person, to
18 import alcohol into this Commonwealth, or to sell alcohol to any
19 person, except in accordance with the regulations of the board.
20 (9) Possession of Alcohol. For any person, to have alcohol
21 in his possession, except in accordance with the provisions of
22 this act and the regulations of the board.
23 (10) Fortifying, Adulterating or Contaminating Liquor. For
24 any licensee or any employe or agent of a licensee or of the
25 board, to fortify, adulterate or contaminate any liquor, except
26 as permitted by the regulations of the board, or to refill
27 wholly or in part, with any liquid or substance whatsoever, any
28 liquor bottle or other liquor container.
29 (11) Importation of Liquor. For any person, other than the
30 board or the holder of a sacramental wine license or of an
19870H1052B1162 - 19 -
1 importer's license, to import any liquor whatsoever into this
2 Commonwealth, but this section shall not be constructed to
3 prohibit railroad and pullman companies from selling liquors
4 purchased outside the Commonwealth in their dining, club and
5 buffet cars which are covered by public service liquor licenses
6 and which are operated in this Commonwealth.
7 (12) Delivery of Liquor by Certain Licensees. For a liquor
8 licensee permitted to deliver liquor, to make any deliveries
9 except in his own vehicles bearing his name, address and license
10 number on each side in letters not smaller than four inches in
11 height, or in the vehicle of another person duly authorized to
12 transport liquor within this Commonwealth.
13 (13) Violation of Certain Rules and Regulations of Board.
14 For any person, to violate any rules and regulations adopted by
15 the board to insure the equitable wholesale and retail sale and
16 distribution of liquor and alcohol through the Pennsylvania
17 Liquor Stores.
18 (14) Offering Commission or Gift to Members of Board [or
19 State Employe], the Attorney General or certain employes. For
20 any person selling or offering to sell liquor or alcohol to, or
21 purchasing at wholesale liquor or alcohol from, the board,
22 either directly or indirectly, to pay or offer to pay any
23 commission, profit or remuneration, or to make or offer to make
24 any gift to any member or employe of the board [or other employe
25 of the Commonwealth or to anyone on behalf of such member or
26 employe], the Attorney General, any employe thereof, or anyone
27 on behalf of such persons.
28 Section 7. Section 493 of the act, amended June 14, 1957
29 (P.L.322, No.170), June 15, 1961 (P.L.423, No.211), September
30 25, 1967 (P.L.307, No.135), March 5, 1970 (P.L.137, No.55),
19870H1052B1162 - 20 -
1 August 1, 1975 (P.L.161, No.83), June 15, 1977 (P.L.12, No.9),
2 March 9, 1982 (P.L.174, No.55) and May 9, 1984 (P.L.246, No.54),
3 is amended to read:
4 Section 493. Unlawful Acts Relative to Liquor, Malt and
5 Brewed Beverages and Licensees.--The term "licensee," when used
6 in this section, shall mean those persons licensed under the
7 provisions of Article IV, unless the context clearly indicates
8 otherwise.
9 It shall be unlawful--
10 (1) Furnishing Liquor or Malt or Brewed Beverages to Certain
11 Persons. For any licensee or the board, or any employe, servant
12 or agent of such licensee or of the board, or any other person,
13 to sell, furnish or give any liquor or malt or brewed beverages,
14 or to permit any liquor or malt or brewed beverages to be sold,
15 furnished or given, to any person visibly intoxicated, or to any
16 insane person, or to any minor, or to habitual drunkards, or
17 persons of known intemperate habits.
18 (2) Purchase or Sale of Liquor or Malt or Brewed Beverages
19 on Credit. For any licensee, his agent, servant or employe, to
20 sell or offer to sell or purchase or receive any liquor or malt
21 or brewed beverages except for cash, excepting credit extended
22 by a hotel or club to a bona fide guest or member, or by
23 railroad or pullman companies in dining, club or buffet cars to
24 passengers, for consumption while enroute, holding authorized
25 credit cards issued by railroad or railroad credit bureaus or by
26 hotel, restaurant and public service licensees to customers
27 holding credit cards issued in accordance with regulations of
28 the board or credit cards issued by banking institutions subject
29 to State or Federal regulation: Provided further, That nothing
30 herein contained shall be construed to prohibit the use of
19870H1052B1162 - 21 -
1 checks or drafts drawn on a bank, banking institution, trust
2 company or similar depository, organized and existing under the
3 laws of the United States of America or the laws of any state,
4 territory or possession thereof, in payment for any liquor or
5 malt or brewed beverages if the purchaser is the payor of the
6 check or draft and the licensee is the payee. No right of action
7 shall exist to collect any claim for credit extended contrary to
8 the provisions of this clause. Nothing herein contained shall
9 prohibit a licensee from crediting to a purchaser the actual
10 price charged for original containers returned by the original
11 purchaser as a credit on any sale, or from refunding to any
12 purchaser the amount paid by such purchaser for such containers
13 or as a deposit on containers when title is retained by the
14 vendor, if such original containers have been returned to the
15 licensee. Nothing herein contained shall prohibit a manufacturer
16 from extending usual and customary credit for liquor or malt or
17 brewed beverages sold to customers or purchasers who live or
18 maintain places of business outside of the Commonwealth of
19 Pennsylvania, when the liquor or malt or brewed beverages so
20 sold are actually transported and delivered to points outside of
21 the Commonwealth: Provided, however, That as to all transactions
22 affecting malt or brewed beverages to be resold or consumed
23 within this Commonwealth, every licensee shall pay and shall
24 require cash deposits on all returnable original containers and
25 all such cash deposits shall be refunded upon return of the
26 original containers.
27 (3) Exchange of Liquor or Malt or Brewed Beverages For
28 Merchandise, etc. For any licensee or the board, or any employe,
29 servant or agent of a licensee or of the board, to sell, offer
30 to sell or furnish any liquor or malt or brewed beverages to any
19870H1052B1162 - 22 -
1 person on a pass book or store order, or to receive from any
2 person any goods, wares, merchandise or other articles in
3 exchange for liquor or malt or brewed beverages.
4 (4) Peddling Liquor or Malt or Brewed Beverages. For any
5 person, to hawk or peddle any liquor or malt or brewed beverages
6 in this Commonwealth.
7 (5) Failure to Have Brands as Advertised. For any licensee,
8 his servants, agents or employes, to advertise or hold out for
9 sale any liquor or malt or brewed beverages by trade name or
10 other designation which would indicate the manufacturer or place
11 of production of the said liquor or malt or brewed beverages,
12 unless he shall actually have on hand and for sale a sufficient
13 quantity of the particular liquor or malt or brewed beverages so
14 advertised to meet requirements to be normally expected as a
15 result of such advertisement or offer.
16 (6) Brand or Trade Name on Spigot. For any licensee, his
17 agents, servants or employes, to furnish or serve any malt or
18 brewed beverages from any faucet, spigot or other dispensing
19 apparatus, unless the trade name or brand of the product served
20 shall appear in full sight of the customer and in legible
21 lettering upon such faucet, spigot or dispensing apparatus.
22 (7) Alcoholic Strength on Label of Malt or Brewed Beverages.
23 For any licensee, or his servants, agents or employes, to
24 transport, sell, deliver or purchase any malt or brewed
25 beverages upon which there shall appear a label or other
26 informative data which in any manner refers to the alcoholic
27 contents of the malt or brewed beverage, or which refers in any
28 manner to the original alcoholic strength, extract or balling
29 proof from which such malt or brewed beverage was produced. This
30 clause shall not be construed to prohibit a manufacturer from
19870H1052B1162 - 23 -
1 designating upon the label or descriptive data the alcoholic
2 content of malt or brewed beverages intended for shipment into
3 another state or territory, when the laws of such state or
4 territory require that the alcoholic content of the malt or
5 brewed beverage must be stated upon the package.
6 (8) Advertisements on Labels Giving Alcoholic Content of
7 Malt or Brewed Beverages. For any manufacturer or other
8 licensee, or his servants, agents or employes, to issue, publish
9 or post, or cause to be issued, published or posted, any
10 advertisement of any malt or brewed beverage including a label
11 which shall refer in any manner to the alcoholic strength of the
12 malt or brewed beverage manufactured, sold or distributed by
13 such licensees, or to use in any advertisement or label such
14 words as "full strength," "extra strength," "high test," "high
15 proof," "pre-war strength," or similar words or phrases, which
16 would lead or induce a consumer to purchase a brand of malt or
17 brewed beverage on the basis of its alcoholic content, or to use
18 in or on any advertisement or label any numeral, unless
19 adequately explained in type of the same size, prominence and
20 color, or for any licensee to purchase, transport, sell or
21 distribute any malt or brewed beverage advertised or labeled
22 contrary to the provisions of this clause.
23 (9) Retail Licensees Furnishing Free Lunch, etc. For any
24 retail liquor licensee or any retail dispenser, his agents,
25 servants or employes, to furnish, give or sell below a fair cost
26 any lunch to any consumer, except such articles of food as the
27 board may authorize and approve.
28 (10) Entertainment on Licensed Premises (Except Clubs);
29 Permits; Fees. For any licensee, his servants, agents or
30 employes, except club licensees, to permit in any licensed
19870H1052B1162 - 24 -
1 premises or in any place operated in connection therewith,
2 dancing, theatricals or floor shows of any sort, or moving
3 pictures other than television, or such as are exhibited through
4 machines operated by patrons by the deposit of coins, which
5 project pictures on a screen not exceeding in size twenty-four
6 by thirty inches and which forms part of the machine, unless the
7 licensee shall first have obtained from the board a special
8 permit to provide such entertainment, or for any licensee, under
9 any circumstances, to permit in any licensed premises any lewd,
10 immoral or improper entertainment, regardless of whether a
11 permit to provide entertainment has been obtained or not. The
12 board shall have power to provide for the issue of such special
13 permits, and to collect a fee for such permits equal to one-
14 fifth of the annual license fee [but not less than twenty-five
15 dollars ($25)]. All such fees shall be paid into the State
16 Stores Fund. No such permit shall be issued in any municipality
17 which, by ordinance, prohibits amusements in licensed places.
18 Any violation of this clause shall, in addition to the penalty
19 herein provided, subject the licensee to suspension or
20 revocation of his permit and his license.
21 (11) Licensees Employed by Others. For any hotel, restaurant
22 or club liquor licensee, or any malt or brewed beverage
23 licensee, or any servant, agent or employe of such licensee, to
24 be at the same time employed, directly or indirectly, by any
25 other person engaged in the manufacture, sale, transportation or
26 storage of liquor, malt or brewed beverages or alcohol:
27 Provided, That any person (except a licensee or the manager,
28 officer or director of a licensee) who is employed by a retail
29 licensee to prepare or serve food and beverages may be employed
30 in the same capacity by another retail licensee during other
19870H1052B1162 - 25 -
1 hours or on other days.
2 (12) Failure to Have Records on Premises. For any liquor
3 licensee, or any importing distributor, distributor or retail
4 dispenser, to fail to keep on the licensed premises for a period
5 of at least two years complete and truthful records covering the
6 operation of his licensed business, particularly showing the
7 date of all purchases of liquor and malt or brewed beverages,
8 the actual price paid therefor, and the name of the vendor,
9 including State Store receipts, or for any licensee, his
10 servants, agents or employes, to refuse the board or the
11 division or an authorized employe or agent of the board or the
12 division access thereto or the opportunity to make copies of the
13 same when the request is made during business hours.
14 (13) Retail Licensees Employing Minors. For any hotel,
15 restaurant or club liquor licensee, or any retail dispenser, to
16 employ or to permit any minor under the age of eighteen to serve
17 any alcoholic beverages or to employ or permit any minor under
18 the age of sixteen to render any service whatever in or about
19 the licensed premises, nor shall any entertainer under the age
20 of eighteen be employed or permitted to perform in any licensed
21 premises in violation of the labor laws of this Commonwealth:
22 Provided, That in accordance with board regulations minors
23 between the ages of sixteen and eighteen may be employed to
24 serve food, clear tables and perform other similar duties, not
25 to include the dispensing or serving of alcoholic beverages.
26 (14) Permitting Undesirable Persons or Minors to Frequent
27 Premises. For any hotel, restaurant or club liquor licensee, or
28 any retail dispenser, his servants, agents or employes, to
29 permit persons of ill repute, known criminals, prostitutes or
30 minors to frequent his licensed premises or any premises
19870H1052B1162 - 26 -
1 operated in connection therewith, except minors accompanied by
2 parents, guardians, or under proper supervision or except minors
3 who frequent any restaurant or retail dispensing licensee whose
4 sales of food and non-alcoholic beverages are equal to seventy
5 per centum or more of the combined gross sales of both food and
6 alcoholic beverages on the condition that alcoholic beverages
7 may not be served at the table or booth at which the said minor
8 is seated at the time (unless said minor is under proper
9 supervision as hereinafter defined) and on the further condition
10 that only table service of alcoholic beverages or take-out
11 service of beer shall be permitted in the room wherein the minor
12 is located: Provided, however, That it shall not be unlawful for
13 any hotel, restaurant or club liquor licensee or any retail
14 dispenser to permit minors under proper supervision upon the
15 licensed premises or any premises operated in connection
16 therewith for the purpose of a social gathering, even if such
17 gathering is exclusively for minors: And provided further, That
18 no liquor shall be sold, furnished or given to such minors nor
19 shall the licensee knowingly permit any liquor or malt or brewed
20 beverages to be sold, furnished or given to or be consumed by
21 any minor, and the area of such gathering shall be segregated
22 from the remainder of the licensed premises. In the event the
23 area of such gathering cannot be segregated from the remainder
24 of the licensed premises, all alcoholic beverages must be either
25 removed from the licensed premises or placed under lock and key
26 during the time the gathering is taking place. Notice of such
27 gathering shall be given the [Liquor Control Board] board as it
28 may, by regulation, require. Any licensee violating the
29 provisions of this clause shall be subject to the provisions of
30 section 471.
19870H1052B1162 - 27 -
1 "Proper supervision," as used in this clause, means the
2 presence, on that portion of the licensed premises where a minor
3 or minors are present, of one person twenty-five years of age or
4 older for every fifty minors or part thereof who is directly
5 responsible for the care and conduct of such minor or minors
6 while on the licensed premises and in such proximity that the
7 minor or minors are constantly within his sight or hearing. The
8 presence of the licensee or any employe or security officer of
9 the licensee shall not constitute proper supervision.
10 (15) Cashing Pay Roll, Public Assistance, Unemployment
11 Compensation or Any Other Relief Checks. For any licensee or his
12 servants, agents or employes to cash pay roll checks or to cash,
13 receive, handle or negotiate in any way Public Assistance,
14 Unemployment Compensation or any other relief checks.
15 (16) Furnishing or Delivering Liquor or Malt or Brewed
16 Beverages at Unlawful Hours. For any licensee, his servants,
17 agents or employes, to give, furnish, trade, barter, serve or
18 deliver any liquor or malt or brewed beverages to any person
19 during hours or on days when the licensee is prohibited by this
20 act from selling liquor or malt or brewed beverages.
21 (17) Licensees, etc., Interested or Employed in
22 Manufacturing or Sale of Equipment or Fixtures. For any
23 licensee, or any officer, director, stockholder, servant, agent
24 or employe of any licensee, to own any interest, directly or
25 indirectly, in or be employed or engaged in any business which
26 involves the manufacture or sale of any equipment, furnishings
27 or fixtures to any hotel, restaurant or club licensees, or to
28 any importing distributors, distributors or retail dispensers:
29 Provided, however, That as to malt or brewed beverage licensees,
30 the provisions of this subsection shall not apply to such a
19870H1052B1162 - 28 -
1 conflicting interest if it has existed for a period of not less
2 than three years prior to the first day of January, one thousand
3 nine hundred thirty-seven, and the board shall approve.
4 (18) Displaying Price of Liquor or Malt or Brewed Beverages.
5 For any restaurant, hotel or club liquor licensee, or any
6 importing distributor, distributor or retail dispenser, or the
7 servants, agents or employes of such licensees, to display on
8 the outside of any licensed premises or to display any place
9 within the licensed premises where it can be seen from the
10 outside, any advertisement whatsoever referring, directly or
11 indirectly, to the price at which the licensee will sell liquor
12 or malt or brewed beverages.
13 (19) Licensee's Outside Advertisements. For any retail
14 liquor licensee or any retail dispenser, distributor or
15 importing distributor, to display in any manner whatsoever on
16 the outside of his licensed premises, or on any lot of ground on
17 which the licensed premises are situate, or on any building of
18 which the licensed premises are a part, a sign of any kind,
19 printed, painted or electric, advertising any brand of liquor or
20 malt or brewed beverage, and it shall be likewise unlawful for
21 any manufacturer, distributor or importing distributor, to
22 permit the display of any sign which advertises either his
23 products or himself on any lot of ground on which such licensed
24 premises are situate, or on any building of which such licensed
25 premises are a part.
26 (20) (i) Retail Liquor and Retail Malt or Brewed Beverages
27 Licensee's Inside Advertisements. For any retail liquor or
28 retail malt or brewed beverages licensee, to display or permit
29 the display in the show window or doorways of his licensed
30 premises, any placard or sign advertising the brands of liquor
19870H1052B1162 - 29 -
1 or malt or brewed beverages produced by any one manufacturer, if
2 the total display area of any such placard or sign advertising
3 the products of any one manufacturer exceeds three hundred
4 square inches. Nothing herein shall prohibit a licensee from
5 displaying inside his licensed premises point of sale displays
6 advertising brand names of products sold by him, other than a
7 window or door display: Provided, That the total cost of all
8 such point of sale advertising matter relating to any one brand
9 of any one manufacturer shall not exceed the sum of seventy
10 dollars ($70) at any one time, and no single piece of
11 advertising shall exceed a cost of thirty-five dollars ($35).
12 All such advertising material, including the window and door
13 signs, may be furnished by a manufacturer, distributor or
14 importing distributor. The restrictions on advertising set forth
15 in subclause (ii) and in clauses (20.1) and (20.2) shall also
16 apply to this subclause.
17 (ii) Cooperative Advertising. No distributor or importing
18 distributor, directly or indirectly, independent or otherwise,
19 shall, except by prior written agreement, be required to
20 participate with a manufacturer in the purchase of any
21 advertising of a brand name product in any name, in any form,
22 whether it be radio, television, newspaper, magazine or
23 otherwise.
24 (20.1) Manufacturer Shall Not Require Advertising. For a
25 manufacturer to require a distributor or importing distributor
26 to purchase any type of advertising.
27 (20.2) Advertising Shall Be Ordered and Authorized in
28 Advance. For any advertising to be done on behalf of a
29 distributor or importing distributor which was not ordered and
30 authorized in advance by the distributor or importing
19870H1052B1162 - 30 -
1 distributor.
2 (21) Refusing The Right of Inspection. For any licensee, or
3 his servants, agents or employes, to refuse the board or the
4 division or any of [its] their authorized employes or agents the
5 right to inspect completely the entire licensed premises at any
6 time during which the premises are open for the transaction of
7 business, or when patrons, guests or members are in that portion
8 of the licensed premises wherein either liquor or malt or brewed
9 beverages are sold.
10 (22) Allowance or Rebate to Induce Purchases. For any
11 licensee, or his servants, agents or employes, to offer, pay,
12 make or allow, or for any licensee, or his servants, agents or
13 employes, to solicit or receive any allowance or rebate, refunds
14 or concessions, whether in the form of money or otherwise, to
15 induce directly the purchase of liquor or malt or brewed
16 beverages.
17 (23) Money or Valuables Given to Employes to Influence
18 Actions of Their Employers. For any licensee, or any agent,
19 employe or representative of any licensee, to give or permit to
20 be given, directly or indirectly, money or anything of
21 substantial value, in an effort to induce agents, employes or
22 representatives of customers or prospective customers to
23 influence their employer or principal to purchase or contract to
24 purchase liquor or malt or brewed beverages from the donor of
25 such gift, or to influence such employers or principals to
26 refrain from dealing or contracting to deal with other
27 licensees.
28 (24) Things of Value Offered as Inducement. For any licensee
29 under the provisions of this article, or the board or any
30 manufacturer, or any employe or agent of a manufacturer,
19870H1052B1162 - 31 -
1 licensee or of the board, to offer to give anything of value or
2 to solicit or receive anything of value as a premium for the
3 return of caps, stoppers, corks, stamps or labels taken from any
4 bottle, case, barrel or package containing liquor or malt or
5 brewed beverage, or to offer or give or solicit or receive
6 anything of value as a premium or present to induce directly the
7 purchase of liquor or malt or brewed beverage, or for any
8 licensee, manufacturer or other person to offer or give to trade
9 or consumer buyers any prize, premium, gift or other inducement
10 to purchase liquor or malt or brewed beverages, except
11 advertising novelties of nominal value which the board shall
12 define[: Provided, however, That this]. This section not apply
13 to the return of any monies specifically deposited for the
14 return of the original container to the owners thereof.
15 (25) Employment [of Females] in Licensed Places.[--]For any
16 licensee or his agent, to employ or permit the employment of any
17 [female] person at his licensed hotel, restaurant or eating
18 place for the purpose of enticing customers, or to encourage
19 them to drink liquor, or make assignations for improper
20 purposes: Provided, That nothing in this section shall be
21 construed to prevent the employment of any [female waitress]
22 person who regularly takes orders for food from serving food,
23 liquor or malt or brewed beverages at tables; also, that nothing
24 shall prevent any such licensees from employing any [female]
25 person as stenographer, hotel secretary, clerk or other employe
26 for their respective positions: Provided further, That nothing
27 in this section shall be so construed as to prevent the [wife]
28 spouse of any such licensee or agent or any employed [female]
29 person from mixing or serving liquor or malt or brewed beverages
30 behind the bar of any such licensed place.
19870H1052B1162 - 32 -
1 Any person violating the provisions of this clause shall be
2 guilty of a misdemeanor and, upon conviction of the same, shall
3 be sentenced to pay a fine of not less than one hundred dollars
4 ($100), nor more than five hundred dollars ($500), for each and
5 every [female] person so employed, or undergo an imprisonment of
6 not less than three (3) months, nor more than one (1) year, or
7 either or both, at the discretion of the court having
8 jurisdiction of the case. The [board] administrative law judge
9 shall have the power to revoke or refuse licenses for violation
10 of this clause.
11 (26) Worthless Checks. For any retail liquor licensee or any
12 retail dispenser, distributor or importing distributor, to make,
13 draw, utter, issue or deliver, or cause to be made, drawn,
14 uttered, issued or delivered, any check, draft or similar order,
15 for the payment of money in payment for any purchase of malt or
16 brewed beverages, when such retail liquor licensee, retail
17 dispenser, distributor or importing distributor, has not
18 sufficient funds in, or credit with, such bank, banking
19 institution, trust company or other depository, for the payment
20 of such check. Any person who is a licensee under the provisions
21 of this article, who shall receive in payment for malt or brewed
22 beverages sold by him any check, draft or similar order for the
23 payment of money, which is subsequently dishonored by the bank,
24 banking institution, trust company or other depository, upon
25 which drawn, for any reason whatsoever, shall, within five days
26 of receipt of notice of such dishonor, notify by certified mail
27 the person who presented the said worthless check, draft or
28 similar order.
29 (27) Distributors and Importing Distributors Employing
30 Minors. For any distributor or importing distributor to employ
19870H1052B1162 - 33 -
1 minors under the age of eighteen but persons eighteen and over
2 may be employed to sell and deliver malt and brewed beverages.
3 Section 8. Section 494 of the act, amended May 25, 1956
4 (1955 P.L.1955, No.583), is amended to read:
5 Section 494. Penalties.--(a) Any person who shall violate
6 any of the provisions of this article, except as otherwise
7 specifically provided, shall be guilty of a misdemeanor and,
8 upon conviction thereof, shall be sentenced to pay a fine of not
9 less than one hundred dollars ($100), nor more than five hundred
10 dollars ($500), and on failure to pay such fine, to imprisonment
11 for not less than one month, nor more than three months, and for
12 any subsequent offense, shall be sentenced to pay a fine not
13 less than three hundred dollars ($300), nor more than five
14 hundred dollars ($500), [and] or to undergo imprisonment for a
15 period not less than three months, nor more than one year.
16 (b) The right [of the board] to suspend and revoke licenses
17 granted under this article shall be in addition to the penalty
18 set forth in this section.
19 Section 9. Section 495(c) and (e) of the act, amended June
20 22, 1980 (P.L.262, No.76), are amended to read:
21 Section 495. Identification Cards; Licensees and State
22 Liquor Store Employes Saved From Prosecution.--* * *
23 (c) In addition to the presentation of such identification
24 card, the agent of the State Liquor Store or the licensee, or
25 his servant, agent or employe, shall require the person whose
26 age may be in question to fill in and sign a card in the
27 following form:
28 ............................ 19
29 I,........................................., hereby represent
30 to ..........................................., a State Store or
19870H1052B1162 - 34 -
1 licensee of the Pennsylvania Liquor [Control] Board
2 that I am of full age and discretion and over the age
3 of 21 years, having been born on ....................... 19.....
4 at .......................
5 This statement is made to induce said store or licensee above
6 named to sell or otherwise furnish alcoholic beverages to the
7 undersigned.
8 Serial Number of Identification Card:
9 I understand that I am subject to a fine of
10 $300.00 and sixty days imprisonment for any
11 misrepresentation herein.
12 ..................
13 (Name)
14 ..................
15 (Address)
16 Witness:
17 Name............................
18 Address.........................
19 Such statement shall be printed upon a 3 inch by 5 inch or 4
20 inch by 5 inch file card, which card shall be filed
21 alphabetically by the State Liquor Store or licensee, at or
22 before the close of business on the day of which said
23 certificate is executed, in a file box containing a suitable
24 alphabetical index, and which card shall be subject to
25 examination by any officer, agent or employe of the [Liquor
26 Control Board] board or the division at any and all times.
27 * * *
28 (e) The signed statement in the possession of a licensee or
29 an employe of a State Liquor Store may be offered as a defense
30 in all civil and criminal prosecutions for serving a minor, and
19870H1052B1162 - 35 -
1 no penalty shall be imposed if the [Liquor Control Board]
2 administrative law judge or the courts are satisfied that the
3 licensee or State Liquor Store employe acted in good faith.
4 Section 10. Sections 506(f), 507 and 514 of the act are
5 amended to read:
6 Section 506. Bonds Required.--* * *
7 (f) Every such bond shall be turned over to the [Department
8 of Justice] Office of the Attorney General to be collected if
9 and when the licensee's license shall have been revoked and his
10 bond forfeited as provided in this act.
11 Section 507. Hearings [Upon Refusal of Licenses] on Licenses
12 and Refusals.--(a) The board may of its own motion, and shall
13 upon the written request of the division or of any applicant for
14 license or for renewal thereof whose application for such
15 license or renewal has been refused, fix a time and place for
16 hearing of such application or renewal, notice of which hearing
17 shall be sent to the division and to the applicant, by
18 registered mail, at the address given in his application. Such
19 hearing shall be before the board, a member thereof, or an
20 examiner designated by the board.
21 (b) At such hearing, the board shall present its reasons for
22 its refusal or withholding of such license or renewal thereof or
23 the division shall present its objections to the granting or
24 renewal of the license, as the case may be. The applicant may
25 appear in person or by counsel, may cross-examine the witnesses
26 for the board or the division, and may present evidence which
27 shall likewise be subject to cross-examination by the board or
28 the division. Such hearing shall be stenographically recorded.
29 The examiner shall thereafter report to the board. The board
30 shall thereafter grant or refuse the license or renewal thereof.
19870H1052B1162 - 36 -
1 [If the board shall refuse such license or renewal following
2 such hearing, notice in writing of such refusal shall be mailed
3 to the applicant at the address given in his application. In all
4 cases, the board shall file of record at least a brief statement
5 in the form of an opinion of the reasons for the ruling or
6 order.]
7 (c) Hearings and adjudications pursuant to this section
8 shall be in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating
9 to practice and procedure of Commonwealth agencies).
10 Section 514. Suspension and Revocation of Licenses.--(a)
11 Upon learning of any violation of this act or of any rule or
12 regulation promulgated by the board under the authority of this
13 act, or any violation of any laws of the Commonwealth or of the
14 United States of America relating to the tax payment of alcohol,
15 liquor or malt or brewed beverages by the holder of a license
16 issued under the provisions of this article, or upon other
17 sufficient cause, the [board] division may, within one year from
18 the date of such violation or cause appearing, cite such
19 licensee to appear before [it or its examiner] an administrative
20 law judge not less than ten (10) nor more than [fifteen (15)]
21 sixty (60) days from the date of sending such licensee, by
22 registered mail, a notice addressed to his licensed premises, to
23 show cause why the license should not be suspended or revoked.
24 Hearings on such citations shall be held in the same manner as
25 provided herein for hearings on applications for license. And
26 upon such hearing, if satisfied that any such violation has
27 occurred or for other sufficient cause, the [board]
28 administrative law judge shall immediately suspend or revoke
29 such license, notifying the licensee thereof by registered
30 letter addressed to his licensed premises, or to the address
19870H1052B1162 - 37 -
1 given in his application where no licensed premises is
2 maintained in Pennsylvania.
3 (b) When a license is revoked, the licensee's bond may be
4 forfeited [by the board]. Any licensee whose license is revoked
5 shall be ineligible to have a license under this act or under
6 any other act relating to alcohol, liquor or malt or brewed
7 beverages until the expiration of three (3) years from the date
8 such license was revoked. In the event [the board shall revoke a
9 license] of a revocation, no license shall be granted for the
10 premises or transferred to the premises in which said license
11 was conducted for a period of at least one (1) year after the
12 date of the revocation of the license conducted in the said
13 premises, except in cases where the licensee or a member of his
14 immediate family is not the owner of the premises, in which case
15 the board may, in its discretion, issue or transfer a license
16 within said year. [In all such cases, the board shall file of
17 record at least a brief statement in the form of an opinion of
18 the reasons for the ruling or order.] Such hearing before and
19 adjudication by an administrative law judge shall be in
20 accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice
21 and procedure of Commonwealth agencies).
22 Section 11. Section 515 of the act, repealed in part June 3,
23 1971 (P.L.118, No.6) and April 28, 1978 (P.L.202, No.53), is
24 amended to read:
25 Section 515. Appeals.--[Any] The board, the division or any
26 applicant or any licensee aggrieved by any decision [of the
27 board] refusing, suspending or revoking a license under the
28 provisions of this article may appeal to the court of the county
29 in which the licensed premises or the premises to be licensed
30 are located. In the event an applicant or a licensee shall have
19870H1052B1162 - 38 -
1 no place of business established within the Commonwealth, his
2 appeal shall be to the [court of Dauphin County] Commonwealth
3 Court. Such appeal shall be [upon petition of the applicant or
4 licensee, as the case may be, who shall serve a copy thereof
5 upon the board. The said appeal shall act as a supersedeas,
6 unless upon sufficient cause shown the court shall determine
7 otherwise. The court shall hear the application de novo at such
8 time as it shall fix, of which notice shall be given to the
9 board. The court shall, in the case of a refusal by the board,
10 either sustain such refusal or order the issuance of the license
11 to the applicant] in accordance with 2 Pa.C.S. Ch. 7 Subch. A
12 (relating to judicial review of Commonwealth agency action).
13 Section 12. Sections 516 and 519 of the act are amended to
14 read:
15 Section 516. Compromise Penalty In Lieu of Suspension.--In
16 those cases where the [board] administrative law judge shall
17 suspend a license, the [board] administrative law judge may
18 accept from the licensee an offer in compromise as a penalty in
19 lieu of such suspension and shall thereupon rescind its order of
20 suspension. In the case of a distillery licensee, the offer in
21 compromise shall be at the rate of one hundred dollars ($100)
22 for each day of suspension; in the case of a bonded warehouse,
23 bailee for hire and transporter for hire licensees, twenty-five
24 dollars ($25) for each day; and in the case of a winery
25 licensee, fifty dollars ($50) for each day. No offer in
26 compromise may be accepted [by the board] in those cases where
27 the suspension is for a period in excess of one hundred (100)
28 days.
29 Section 519. Penalties.--Any person or persons who knowingly
30 violate any of the provisions of this article, or any person who
19870H1052B1162 - 39 -
1 shall violate any of the conditions of any license issued under
2 the provisions of this article, or who shall falsify any record
3 or report required by this article to be kept, or who shall
4 violate any rule or regulation of the board, or who shall
5 interfere with, hinder or obstruct any inspection authorized by
6 this article, or prevent any member of the board or the division
7 or any person duly authorized and designated by the board or the
8 division from entering any place which such member of the board
9 or the division or such person is authorized by this article to
10 enter for the purpose of making an inspection, or who shall
11 violate any other provision of this article, shall be guilty of
12 a misdemeanor and, upon conviction thereof, shall be sentenced
13 to pay a fine of not less than one hundred dollars ($100), nor
14 more than five thousand dollars ($5000), or undergo imprisonment
15 of not more than three (3) years, or both, at the discretion of
16 the court.
17 Section 13. Sections 601, 602 and 603(c) of the act, amended
18 April 20, 1956 (1955 P.L.1508, No.499), are amended to read:
19 Section 601. Forfeiture of Property Illegally Possessed or
20 Used.--No property rights shall exist in any liquor, alcohol or
21 malt or brewed beverage illegally manufactured or possessed, or
22 in any still, equipment, material, utensil, vehicle, boat,
23 vessel, animals or aircraft used in the illegal manufacture or
24 illegal transportation of liquor, alcohol or malt or brewed
25 beverages, and the same shall be deemed contraband and
26 proceedings for its forfeiture to the Commonwealth may[, at the
27 discretion of the board,] be instituted in the manner
28 hereinafter provided. No such property when in the custody of
29 the law shall be seized or taken therefrom on any writ of
30 replevin or like process.
19870H1052B1162 - 40 -
1 Section 602. Forfeiture Proceedings.--(a) The proceedings
2 for the forfeiture or condemnation of all property shall be in
3 rem, in which the Commonwealth shall be the plaintiff and the
4 property the defendant. A petition shall be filed in the court
5 of [quarter sessions] common pleas, verified by oath or
6 affirmation of any officer or citizen, containing the following:
7 (1) a description of the property so seized; (2) a statement of
8 the time and place where seized; (3) the owner, if known; (4)
9 the person or persons in possession, if known; (5) an allegation
10 that the same had been possessed or used or was intended for use
11 in violation of this act; (6) and, a prayer for an order of
12 forfeiture that the same be adjudged forfeited to the
13 Commonwealth, unless cause be shown to the contrary.
14 (b) A copy of said petition shall be served personally on
15 said owner if he can be found within the jurisdiction of the
16 court, or upon the person or persons in possession at the time
17 of the seizure thereof. Said copy shall have endorsed thereon a
18 notice as follows:
19 "To the Claimant of Within Described Property: You are
20 required to file an answer to this petition, setting forth your
21 title in and right to possession of said property, within
22 fifteen (15) days from the service hereof; and you are also
23 notified that if you fail to file said answer, a decree of
24 forfeiture and condemnation will be entered against said
25 property."
26 Said notice shall be signed by petitioner or his attorney, or
27 the district attorney or the Attorney General.
28 (c) If the owner of said property is unknown or outside the
29 jurisdiction of the court and there was no person in possession
30 of said property when seized, or such person so in possession
19870H1052B1162 - 41 -
1 cannot be found within the jurisdiction of the court, notice of
2 said petition shall be given by an advertisement in only one
3 newspaper of general circulation published in the county where
4 such property shall have been seized, once a week for two (2)
5 successive weeks. No other advertisement of any sort shall be
6 necessary, any other law to the contrary notwithstanding. Said
7 notice shall contain a statement of the seizure of said
8 property, with a description thereof, the place and date of
9 seizure, and shall direct any claimants thereof to file a claim
10 therefor on or before a date given in said notice, which date
11 shall not be less than ten (10) days from the date of the last
12 publication.
13 (d) Upon the filing of any claim for said property, setting
14 forth a right of possession thereof, the case shall be deemed at
15 issue and a time be fixed for the hearing thereof.
16 (e) At the time of said hearing, if the Commonwealth shall
17 produce evidence that the property in question was unlawfully
18 possessed or used, the burden shall be upon the claimant to show
19 (1) that he is the owner of said property, (2) that he lawfully
20 acquired the same, and (3) that it was not unlawfully used or
21 possessed.
22 In the event such claimant shall prove by competent evidence
23 to the satisfaction of the court that said liquor, alcohol or
24 malt or brewed beverage, or still, equipment, material, utensil,
25 vehicle, boat, vessel, container, animal or aircraft was
26 lawfully acquired, possessed and used, then the court may order
27 the same returned or delivered to the claimant; but if it
28 appears that said liquor, alcohol or malt or brewed beverage or
29 still, equipment, material or utensil was unlawfully possessed
30 or used, the court shall order the same destroyed, delivered to
19870H1052B1162 - 42 -
1 a hospital, or turned over to the board or division, as
2 hereinafter provided, or if it appears that said vehicle, boat,
3 vessel, container, animal or aircraft was unlawfully possessed
4 or used, the court may, in its discretion, adjudge same
5 forfeited and condemned as hereinafter provided.
6 Section 603. Disposition of Forfeited Property.--If, upon
7 petition as hereinbefore provided and hearing before the court
8 of [quarter sessions] common pleas, it appears that any liquor,
9 alcohol, or malt or brewed beverage or still, equipment,
10 material or utensil was so illegally possessed, or used, such
11 liquor, alcohol or malt or brewed beverage or still, equipment,
12 material or utensil shall be adjudged forfeited and condemned,
13 or if it appears that any vehicle, boat, vessel, container,
14 animal or aircraft was so used in the illegal manufacture or
15 transportation of liquor, alcohol or malt or brewed beverage,
16 such property may, in the discretion of the court, be adjudged
17 forfeited and condemned and in such case shall be disposed of as
18 follows:
19 * * *
20 (c) In the case of any vehicle, boat, vessel, container,
21 animal or aircraft seized under the provisions of this act and
22 condemned, the court shall order the same to be delivered to the
23 [board] division for its use or for sale or disposition by the
24 [board] division, in its discretion. Notice of such sale shall
25 be given in such manner as the [board] division may prescribe.
26 The proceeds of such sale shall be paid into the State Stores
27 Fund.
28 Section 14. Section 611(b) of the act is amended to read:
29 Section 611. Nuisances; Actions To Enjoin.--* * *
30 (b) An action to enjoin any nuisance defined in this act may
19870H1052B1162 - 43 -
1 be brought in the name of the Commonwealth of Pennsylvania by
2 the Attorney General or by the district attorney of the proper
3 county. Such action shall be brought and tried as an action in
4 equity and may be brought in any court having jurisdiction to
5 hear and determine equity cases within the county in which the
6 offense occurs. If it is made to appear, by affidavit or
7 otherwise, to the satisfaction of the court that such nuisance
8 exists, a temporary writ of injunction shall forthwith issue,
9 restraining the defendant from conducting or permitting the
10 continuance of such nuisance until the conclusion of the
11 proceedings. If a temporary injunction is prayed for, the court
12 may issue an order restraining the defendant and all other
13 persons from removing or in any way interfering with the
14 liquids, beverages or other things used in connection with the
15 violation of this act constituting such nuisance. No bond shall
16 be required in instituting such proceedings brought in the name
17 of the Commonwealth by the Attorney General or the district
18 attorney. Where such proceedings are brought by a person, the
19 court, upon application of the defendant and prior to any
20 injunction being issued, may direct the plaintiff to post bond
21 in such amount as the court may find to be reasonable and
22 sufficient. It shall not be necessary for the court to find the
23 property involved was being unlawfully used, as aforesaid, at
24 the time of the hearing, but on finding that the material
25 allegations of the petition are true, the court shall order that
26 no liquor, alcohol or malt or brewed beverage shall be
27 manufactured, sold, offered for sale, transported, bartered or
28 furnished, or stored in bond, or stored for hire in such room,
29 house, building, structure, boat, vehicle, or place, or any part
30 thereof.
19870H1052B1162 - 44 -
1 * * *
2 Section 15. The act is amended by adding sections to read:
3 Section 804. Funding for Enforcement.--(a) The costs of all
4 activities of the Enforcement Division of the Office of the
5 Attorney General shall be appropriated from The State Stores
6 Fund.
7 (b) Annually, at the time and in accord with the procedures
8 otherwise established by law for the General Fund, the Attorney
9 General shall submit a proposed budget for the operation of the
10 division. Such proposed budget shall be submitted to the
11 Governor and the General Assembly for consideration in
12 accordance with the procedures for appropriations from the
13 General Fund as provided in sections 610 through 620 of the act
14 of April 9, 1929 (P.L.177, No.175), known as "The Administrative
15 Code of 1929." It shall be unlawful for the State Treasurer to
16 honor any requisition for the expenditure of any moneys out of
17 The State Stores Fund by the Attorney General for any purpose in
18 excess of the amounts appropriated by the General Assembly.
19 (c) Moneys appropriated from The State Stores Fund shall be
20 paid out of the fund upon warrant of the State Treasurer drawn
21 after requisition by the Attorney General.
22 Section 805. Funding for Office of Administrative Law
23 Judge.--(a) The costs of all activities of the Office of
24 Administrative Law Judge shall be appropriated from The State
25 Stores Fund.
26 (b) Annually, at the time and in accord with the procedures
27 otherwise established by law for the General Fund, the Chief
28 Administrative Law Judge shall submit a proposed budget for the
29 operation of the office. Such proposed budget shall be submitted
30 to the Governor and the General Assembly for consideration in
19870H1052B1162 - 45 -
1 accordance with the procedures for appropriations from the
2 General Fund as provided in sections 610 through 620 of the act
3 of April 9, 1929 (P.L.177, No.175), known as "The Administrative
4 Code of 1929." It shall be unlawful for the State Treasurer to
5 honor any requisition for the expenditure of any moneys out of
6 The State Stores Fund by the Chief Administrative Law Judge for
7 any purpose in excess of the amounts appropriated by the General
8 Assembly.
9 (c) Moneys appropriated from The State Stores Fund shall be
10 paid out of the fund upon warrant of the State Treasurer drawn
11 after requisition by the Chief Administrative Law Judge.
12 Section 16. (a) Except for hearing examiners who choose to
13 continue to serve as hearing examiners for hearings held
14 pursuant to section 507 of the act, all personnel, allocations,
15 appropriations, equipment, files, records, contracts,
16 agreements, obligations and other materials which are used,
17 employed or expended in connection with the powers, duties or
18 functions transferred by this act to the Office of
19 Administrative Law Judge are hereby transferred to the Office of
20 Administrative Law Judge with the same force and effect as if
21 the allocations and appropriations had been made to and said
22 items had been the personnel and property of the office in the
23 first instance and if the contracts, agreements and obligations
24 had been incurred or entered into by the office.
25 (b) All personnel, allocations, appropriations, equipment,
26 files, records, contracts, agreements, obligations and other
27 materials which are used, employed or expended in connection
28 with the powers, duties or functions transferred by this act to
29 the division are hereby transferred to the Office of Attorney
30 General with the same force and effect as if the allocations and
19870H1052B1162 - 46 -
1 appropriations had been made to and said items had been the
2 personnel and property of the division in the first instance and
3 if the contracts, agreements and obligations had been incurred
4 or entered into by the Office of Attorney General.
5 (c) Except for hearing examiners who choose to continue to
6 serve as hearing examiners for hearings held pursuant to section
7 507 of the act, all present employees of the Pennsylvania Liquor
8 Control Board whose powers, duties or functions are transferred
9 under subsections (a) and (b) shall be transferred to the Office
10 of Administrative Law Judge or the division as appropriate. All
11 such employees are to continue in their employment with either
12 the board, the Office of Administrative Law Judge or the
13 division with the same pay scales, salaries, wages, seniority
14 benefits, pension rights and other incidents of employment,
15 including, but not limited to, civil service status, as if this
16 act had not been effective.
17 Section 17. The Chief Administrative Law Judge and the
18 Attorney General shall separately by regulation provide for
19 appropriate training of personnel to carry out the
20 responsibilities imposed by this act upon employees of their
21 respective agencies.
22 Section 18. The provisions of this act are severable. If any
23 provision of this act or its application to any person or
24 circumstance is held invalid, the invalidity shall not affect
25 other provisions or applications of this act which can be given
26 effect without the invalid provision or application.
27 Section 19. All acts or parts of acts are repealed insofar
28 as they are inconsistent with this act.
29 Section 20. This act shall take effect immediately.
B5L47JS/19870H1052B1162 - 47 -