PRIOR PRINTER'S NOS. 1670, 2025 PRINTER'S NO. 2826
No. 1431 Session of 1995
INTRODUCED BY L. I. COHEN, FLICK, DENT, KAISER, RUBLEY, BUNT,
STURLA, BARD, MAITLAND, MANDERINO, BELARDI, ROONEY, TRELLO,
MELIO, CAPPABIANCA, ROEBUCK, FARGO, YOUNGBLOOD, REBER, WOGAN,
VAN HORNE, JOSEPHS, STABACK, E. Z. TAYLOR, SCRIMENTI, ITKIN,
WALKO, CLARK, PISTELLA, MERRY AND CORNELL, APRIL 25, 1995
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 20, 1995
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 allowing distributors of malt or brewed beverages to sell on
18 credit.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 493(2) of the act of April 12, 1951
22 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
23 June 29, 1987 (P.L.32, No.14), is amended to read:
24 Section 493. Unlawful Acts Relative to Liquor, Malt and
1 Brewed Beverages and Licensees.--The term "licensee," when used
2 in this section, shall mean those persons licensed under the
3 provisions of Article IV, unless the context clearly indicates
4 otherwise.
5 It shall be unlawful--
6 * * *
7 (2) Purchase or Sale of Liquor or Malt or Brewed Beverages
8 on Credit. For any licensee, his agent, servant or employe, to
9 sell or offer to sell or purchase or receive any liquor or malt
10 or brewed beverages except for cash, excepting credit extended
11 by a hotel or club to a bona fide guest or member, or by
12 railroad or pullman companies in dining, club or buffet cars to
13 passengers, for consumption while enroute, holding authorized
14 credit cards issued by railroad or railroad credit bureaus or by
15 hotel, restaurant and public service licensees, importing
16 distributors or distributors to customers not possessing a
17 license under this article and holding credit cards issued in
18 accordance with regulations of the board or credit cards issued
19 by banking institutions subject to State or Federal regulation:
20 Provided further, That nothing herein contained shall be
21 construed to prohibit the use of checks or drafts drawn on a
22 bank, banking institution, trust company or similar depository,
23 organized and existing under the laws of the United States of
24 America or the laws of any state, territory or possession
25 thereof, in payment for any liquor or malt or brewed beverages
26 if the purchaser is the payor of the check or draft and the
27 licensee is the payee. No right of action shall exist to collect
28 any claim for credit extended contrary to the provisions of this
29 clause. Nothing herein contained shall prohibit a licensee from
30 crediting to a purchaser the actual price charged for original
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1 containers returned by the original purchaser as a credit on any
2 sale, or from refunding to any purchaser the amount paid by such
3 purchaser for such containers or as a deposit on containers when
4 title is retained by the vendor, if such original containers
5 have been returned to the licensee. Nothing herein contained
6 shall prohibit a manufacturer from extending usual and customary
7 credit for liquor or malt or brewed beverages sold to customers
8 or purchasers who live or maintain places of business outside of
9 the Commonwealth of Pennsylvania, when the liquor or malt or
10 brewed beverages so sold are actually transported and delivered
11 to points outside of the Commonwealth: Provided, however, That
12 as to all transactions affecting malt or brewed beverages to be
13 resold or consumed within this Commonwealth, every licensee
14 shall pay and shall require cash deposits on all returnable
15 original containers and all such cash deposits shall be refunded
16 upon return of the original containers.
17 * * *
18 Section 2. This act shall take effect in 60 30 days. <--
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