PRINTER'S NO. 4277
No. 3107 Session of 1994
INTRODUCED BY MIHALICH, GIGLIOTTI AND LEDERER, OCTOBER 3, 1994
REFERRED TO COMMITTEE ON LIQUOR CONTROL, OCTOBER 3, 1994
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2 reenacted, "An act relating to alcoholic liquors, alcohol and
3 malt and brewed beverages; amending, revising, consolidating
4 and 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 enforcement.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 211 of the act of April 12, 1951 (P.L.90,
21 No.21), known as the Liquor Code, reenacted and amended June 29,
22 1987 (P.L.32, No.14), is amended to read:
23 Section 211. Enforcement.--(a) There is created within the
24 Pennsylvania State Police a Bureau of Liquor Control Enforcement
25 which shall be responsible for enforcing this act and any
1 regulations promulgated pursuant thereto. Officers [and
2 investigators] assigned to the bureau shall have the power and
3 their duty shall be:
4 (1) To investigate whenever there are reasonable grounds to
5 believe liquor, alcohol or malt or brewed beverages are being
6 sold on premises not licensed under the provisions of this act.
7 If the investigation produces evidence of the unlawful sale of
8 liquor or malt or brewed beverages or any other violation of the
9 provisions of this act, the officer involved in the
10 investigation shall institute criminal proceedings against the
11 person or persons believed to have been criminally liable, as
12 otherwise provided by law or rule of court.
13 (2) To arrest on view, except in private homes, without
14 warrant, any person actually engaged in the unlawful sale,
15 importation, manufacture or transportation or having unlawful
16 possession of liquor, alcohol or malt or brewed beverages
17 contrary to the provisions of this act or any other law of this
18 Commonwealth.
19 (3) Upon reasonable and probable cause, to search for and to
20 seize, without warrant or process, except in private homes, any
21 liquor, alcohol or malt or brewed beverages unlawfully
22 possessed, manufactured, sold, imported or transported and any
23 stills, equipment, materials, utensils, vehicles, boats,
24 vessels, animals, aircraft, or any of them, which are or have
25 been used in the unlawful manufacture, sale, importation or
26 transportation of the same. Such liquor, alcohol, malt or brewed
27 beverages, stills, equipment, materials, utensils, vehicles,
28 boats, vessels, animals or aircraft so seized shall be disposed
29 of as hereinafter provided.
30 (4) To investigate and issue citations for any violations of
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1 this act or any laws of this Commonwealth relating to liquor,
2 alcohol or malt or brewed beverages, or any regulations of the
3 board adopted pursuant to such laws or any violation of any laws
4 of this Commonwealth or of the Federal Government, relating to
5 the payment of taxes on liquor, alcohol or malt or brewed
6 beverages by any licensee, his officers, servants, agents or
7 employes.
8 (b) Any equipment or appurtenance actually used in the
9 commission of the unlawful acts may be confiscated. The
10 confiscation shall not, in any manner, divest or impair the
11 rights or interest of any bona fide lienholder in the equipment
12 or appurtenance.
13 (c) The Pennsylvania State Police Commissioner shall assign
14 only State Police Officers to perform the investigative
15 functions of the enforcement bureau and shall assign State
16 Police Officers to such supervisory and other capacities in the
17 enforcement bureau as he deems necessary. All other personnel of
18 the enforcement bureau shall be civilians.
19 (d) The Office of Chief Counsel for the Pennsylvania State
20 Police shall represent the enforcement bureau in all enforcement
21 proceedings brought before the Office of Administrative Law
22 Judge or any other adjudicatory body.
23 Section 2. This act shall take effect in 60 days.
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