SENATE AMENDED
PRIOR PRINTER'S NOS. 945, 2030, 2341 PRINTER'S NO. 3159
No. 850 Session of 2001
INTRODUCED BY CLYMER, ALLEN, ARMSTRONG, M. BAKER, BARD, BASTIAN,
BEBKO-JONES, BENNINGHOFF, BUXTON, CALTAGIRONE, CLARK,
M. COHEN, CORRIGAN, CRUZ, DALLY, DeWEESE, J. EVANS,
FAIRCHILD, FEESE, FORCIER, FRANKEL, GABIG, GEIST, GORDNER,
GRUCELA, HARHAI, HENNESSEY, HERSHEY, HORSEY, JAMES, KENNEY,
LAUGHLIN, LEDERER, MAHER, MANDERINO, MARKOSEK, MARSICO,
R. MILLER, S. MILLER, MUNDY, O'BRIEN, ORIE, PETRARCA,
READSHAW, ROSS, SATHER, SAYLOR, SCHRODER, B. SMITH, STABACK,
STEELMAN, STERN, E. Z. TAYLOR, THOMAS, TRELLO, WASHINGTON,
WATSON, WILT, YOUNGBLOOD, LESCOVITZ, RAYMOND, PRESTON,
STAIRS, BUNT, MICHLOVIC, STETLER, COLAFELLA AND COLEMAN,
MARCH 7, 2001
SENATOR CONTI, LAW AND JUSTICE, IN SENATE, AS AMENDED,
JANUARY 23, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for purchase,
3 consumption, possession or transportation of liquor or malt
4 or brewed beverages and for inducement of minors to buy
5 liquor or malt or brewed beverages; and prohibiting certain
6 practices by telemarketers.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 6308 and 6310 of Title 18 of the
10 Pennsylvania Consolidated Statutes are amended by adding
11 subsections to read:
12 § 6308. Purchase, consumption, possession or transportation of
13 liquor or malt or brewed beverages.
14 * * *
1 (e) Exception for compliance checks.--
2 (1) An individual who is under 21 years of age may
3 PURCHASE, attempt to purchase, possess or transport liquor or <--
4 malt or brewed beverages if all of the following apply:
5 (i) The individual is at least 18 years of age.
6 (ii) The individual does not, in response to a <--
7 request by a person licensed to sell liquor or malt or
8 brewed beverages, orally misrepresent the individual's
9 age.
10 (iii) (II) The individual is: <--
11 (A) an officer, employee or intern of the Bureau
12 of Liquor Control Enforcement of the Pennsylvania
13 State Police; or
14 (B) a local law enforcement officer certified by
15 the bureau to conduct compliance checks under this
16 section.
17 (iv) (III) The individual has completed training <--
18 specified by the bureau.
19 (v) (IV) The individual is acting within the scope of <--
20 prescribed duties.
21 (vi) (V) The individual is acting under the direct <--
22 control or supervision of a bureau officer or a local law
23 enforcement officer who is an adult.
24 (2) Under no circumstances may individuals under 21
25 years of age consume liquor or malt or brewed beverages.
26 (3) A law enforcement agency conducting compliance
27 checks under this subsection shall promulgate guidelines
28 prescribing the manner in which compliance checks are to be
29 performed. Compliance checks under this subsection shall be
30 conducted in a manner consistent with the guidelines.
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1 Guidelines shall require, at a minimum, all of the following:
2 (i) Prior to participation in the compliance check,
3 the officer, employee or intern shall undergo training
4 approved by the authorizing agency.
5 (ii) A person licensed to sell liquor or malt or
6 brewed beverages that is found to be in compliance with
7 this section during a compliance check shall be notified
8 in writing of the compliance check and the determination
9 of compliance.
10 (4) Failure to comply with guidelines under paragraph <--
11 (3)(ii) shall not be a defense to a violation of this
12 section.
13 (5) A violation of paragraph (1) or (2) shall not be a
14 defense to a prosecution under this section.
15 § 6310. Inducement of minors to buy liquor or malt or brewed
16 beverages.
17 * * *
18 (c) Exception for compliance checks.--
19 (1) An individual who is under 21 years of age may
20 PURCHASE, attempt to purchase, possess or transport liquor or <--
21 malt or brewed beverages if all of the following apply:
22 (i) The individual is at least 18 years of age.
23 (ii) The individual does not, in response to a <--
24 request by a person licensed to sell liquor or malt or
25 brewed beverages, orally misrepresent the individual's
26 age.
27 (iii) (II) The individual is: <--
28 (A) an officer, employee or intern of the Bureau
29 of Liquor Control Enforcement of the Pennsylvania
30 State Police; or
20010H0850B3159 - 3 -
1 (B) a local law enforcement officer certified by
2 the bureau to conduct compliance checks under this
3 section.
4 (iv) (III) The individual has completed training <--
5 specified by the bureau.
6 (v) (IV) The individual is acting within the scope of <--
7 prescribed duties.
8 (vi) (V) The individual is acting under the direct <--
9 control or supervision of a bureau officer or a local law
10 enforcement officer who is an adult.
11 (2) Under no circumstances may individuals under 21
12 years of age consume liquor or malt or brewed beverages.
13 (3) A law enforcement agency conducting compliance
14 checks under this subsection shall promulgate guidelines
15 prescribing the manner in which compliance checks are to be
16 performed. Compliance checks under this subsection shall be
17 conducted in a manner consistent with the guidelines.
18 Guidelines shall require, at a minimum, all of the following:
19 (i) Prior to participation in the compliance check,
20 the officer, employee or intern shall undergo training
21 approved by the authorizing agency.
22 (ii) A person licensed to sell liquor or malt or
23 brewed beverages that is found to be in compliance with
24 this section during a compliance check shall be notified
25 in writing of the compliance check and the determination
26 of compliance.
27 (4) Failure to comply with guidelines under paragraph <--
28 (3)(ii) shall not be a defense to a violation of this
29 section.
30 (5) A violation of paragraph (1) or (2) shall not be a
20010H0850B3159 - 4 -
1 defense to a prosecution under this section.
2 Section 2. Title 18 is amended by adding a section to read:
3 § 7330. Prohibition of certain practices by telemarketers.
4 (a) Offense defined.--No telemarketer, as defined in section
5 2 of the act of December 4, 1996 (P.L.911, No.147), known as the
6 Telemarketer Registration Act, shall refuse or otherwise fail to <--
7 disclose the name, city, state and telephone number of the
8 telemarketer after a recipient of a telephone solicitation by
9 the telemarketer requests such information. FAIL TO PROVIDE THE <--
10 CALLED PARTY WITH THE NAME OF THE INDIVIDUAL CALLER, THE NAME OF
11 THE PERSON OR ENTITY ON WHOSE BEHALF THE CALL IS BEING MADE AND
12 A TELEPHONE NUMBER OR ADDRESS AT WHICH THE PERSON OR ENTITY MAY
13 BE CONTACTED. IF A TELEMARKETER MAKES A SOLICITATION USING AN
14 ARTIFICIAL OR PRERECORDED VOICE MESSAGE TRANSMITTED BY AN
15 AUTODIALER, THE TELEMARKETER MUST PROVIDE A TELEPHONE NUMBER
16 OTHER THAN THAT OF THE AUTODIALER OR PRERECORDED MESSAGE PLAYER
17 WHICH PLACED THE CALL. THE TELEPHONE NUMBER PROVIDED MAY NOT BE
18 A 900 NUMBER OR ANY OTHER NUMBER FOR WHICH CHARGES EXCEED LOCAL
19 OR LONG DISTANCE TRANSMISSION CHARGES.
20 (b) Penalty.--A person who violates subsection (a) commits a
21 summary offense and shall, upon conviction, be sentenced to pay
22 a fine of $250.
23 Section 3. This act shall take effect in 60 days.
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