PRINTER'S NO. 1041
No. 922 Session of 2001
INTRODUCED BY MAYERNIK, RAYMOND, C. WILLIAMS, DeWEESE, FLICK,
TULLI, HORSEY, JAMES, READSHAW, RUBLEY, STABACK,
T. STEVENSON, TRELLO, WASHINGTON AND PISTELLA, MARCH 13, 2001
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 13, 2001
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 authorizing shipment of wine into this Commonwealth; and
18 further providing for unlawful acts relating to liquor,
19 alcohol and liquor licenses.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Article IV of the act of April 12, 1951 (P.L.90,
23 No.21), known as the Liquor Code, reenacted and amended June 29,
24 1987 (P.L.32, No.14), is amended by adding a subdivision to
25 read:
26 (C.2) Shipment of Wine.
1 Section 488. Shipment of Wine into Commonwealth.--(a) The
2 shipment of wine from out-of-State to residents of this
3 Commonwealth is prohibited, except as otherwise provided for in
4 this section.
5 (b) Notwithstanding any other provision of this act or law
6 to the contrary, a person licensed by another state as a
7 producer, supplier, importer, wholesaler, distributor or
8 retailer of wine and who obtains an out-of-State wine shipper's
9 license as provided for in this section may ship up to twenty-
10 four bottles per month of any wine on the order of any resident
11 of this Commonwealth who is at least twenty-one years of age for
12 such resident's personal use and not for resale.
13 (c) An out-of-State wine shipper shall:
14 (1) Not ship more than twenty-four bottles per month on the
15 order of any person in this Commonwealth.
16 (2) Not ship to any address in a municipality that has
17 adopted a local option referendum under section 472.
18 (3) Report to the board each year the total of wine shipped
19 into this Commonwealth in the preceding calendar year.
20 (4) Permit the board or the Secretary of Revenue, or their
21 designated representatives, to perform an audit of the out-of-
22 State wine shipper's records upon request.
23 (5) Be deemed to have submitted to the jurisdiction of the
24 board, any other State agency and the courts of this
25 Commonwealth for purposes of enforcement of this section and any
26 related laws, rules or regulations.
27 (d) An out-of-State shipper may ship wine on the order of a
28 resident into this Commonwealth provided that the wine is
29 shipped to a State liquor store selected by the resident and the
30 resident pays all taxes due on the wine at the time the wine is
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1 ordered.
2 (e) The board may promulgate such rules and regulations as
3 are necessary to implement and enforce the provisions of this
4 section.
5 (f) The term "wine" as used in this section shall mean
6 liquor which is fermented from grapes and other fruits, having
7 alcoholic content of twenty-four per centum or less. The term
8 "wine" shall not include malt or brewed beverages, nor shall
9 wine include any products containing alcohol derived from malt,
10 grain, cereal, molasses or cactus.
11 Section 2. Section 491(2), (8) and (11) of the act are
12 amended to read:
13 Section 491. Unlawful Acts Relative to Liquor, Alcohol and
14 Liquor Licensees.--
15 It shall be unlawful--
16 * * *
17 (2) Possession or Transportation of Liquor or Alcohol. For
18 any person, except a manufacturer or the board or the holder of
19 a sacramental wine license or of an importer's license, to
20 possess or transport any liquor or alcohol within this
21 Commonwealth which was not lawfully acquired prior to January
22 first, one thousand nine hundred and thirty-four, or has not
23 been purchased from a Pennsylvania Liquor Store or a licensed
24 limited winery in Pennsylvania, except miniatures totalling less
25 than one gallon purchased by a collector of the same in another
26 state or foreign country, or in accordance with section 488 or
27 the board's regulations. The burden shall be upon the person
28 possessing or transporting such liquor or alcohol to prove that
29 it was so acquired. But nothing herein contained shall prohibit
30 the manufacture or possession of wine by any person in his home
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1 for consumption of himself, his family and guests and not for
2 sale, not exceeding, during any one calendar year, two hundred
3 gallons, any other law to the contrary notwithstanding. Such
4 wine shall not be manufactured, possessed, offered for sale or
5 sold on any licensed premises.
6 None of the provisions herein contained shall prohibit nor
7 shall it be unlawful for any person to import into Pennsylvania,
8 transport or have in his possession, an amount of liquor not
9 exceeding one gallon in volume upon which a State tax has not
10 been paid, if it can be shown to the satisfaction of the board
11 that such person purchased the liquor in a foreign country or
12 United States territory and was allowed to bring it into the
13 United States. Neither shall the provisions contained herein
14 prohibit nor make it unlawful for (i) any member of the armed
15 forces on active duty, or (ii) any retired member of the armed
16 forces, or (iii) any totally disabled veteran, or (iv) the
17 spouse of any person included in the foregoing classes of
18 persons to import into Pennsylvania, transport or have in his
19 possession an amount of liquor not exceeding one gallon per
20 month in volume upon which the State tax has not been paid, so
21 long as such liquor has been lawfully purchased from a package
22 store established and maintained under the authority of the
23 United States and is in containers identified in accordance with
24 regulations issued by the Department of Defense. Such liquor
25 shall not be possessed, offered for sale or sold on any licensed
26 premises.
27 None of the provisions herein contained shall prohibit nor
28 shall it be unlawful for any consul general, consul or other
29 diplomatic officer of a foreign government to import into
30 Pennsylvania, transport or have in his possession liquor upon
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1 which a State tax has not been paid, if it can be shown to the
2 satisfaction of the board that such person acquired the liquor
3 in a foreign country and was allowed to bring it into the United
4 States. Such liquor shall not be possessed, offered for sale or
5 sold on any licensed premises.
6 Any person violating the provisions of this clause for a
7 first offense involving the possession or transportation in
8 Pennsylvania of any liquor in a package (bottle or other
9 receptacle) or wine not purchased from a Pennsylvania Liquor
10 Store or from a licensed limited winery in Pennsylvania, with
11 respect to which satisfactory proof is produced that the
12 required Federal tax has been paid and which was purchased,
13 procured or acquired legally outside of Pennsylvania shall upon
14 conviction thereof in a summary proceeding be sentenced to pay a
15 fine of twenty-five dollars ($25) for each such package, plus
16 costs of prosecution, or undergo imprisonment for a term not
17 exceeding ninety (90) days. Each full quart or major fraction
18 thereof shall be considered a separate package (bottle or other
19 receptacle) for the purposes of this clause. Such packages of
20 liquor shall be forfeited to the Commonwealth in the manner
21 prescribed in Article VI of this act but the vehicle, boat,
22 vessel, animal or aircraft used in the illegal transportation of
23 such packages shall not be subject to forfeiture: Provided,
24 however, That if it is a second or subsequent offense or if it
25 is established that the illegal possession or transportation was
26 in connection with a commercial transaction, then the other
27 provisions of this act providing for prosecution as a
28 misdemeanor and for the forfeiture of the vehicle, boat, vessel,
29 animal or aircraft shall apply.
30 * * *
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1 (8) Importation and Sales of Alcohol. For any person, to
2 import alcohol into this Commonwealth, or to sell alcohol to any
3 person, except in accordance with section 488 and the
4 regulations of the board.
5 * * *
6 (11) Importation of Liquor. For any person, other than the
7 board or the holder of a sacramental wine license [or of], an
8 importer's license or an out-of-State wine shipper's license, to
9 import any liquor whatsoever into this Commonwealth, but this
10 section shall not be construed to prohibit railroad and pullman
11 companies from selling liquors purchased outside the
12 Commonwealth in their dining, club and buffet cars which are
13 covered by public service liquor licenses and which are operated
14 in this Commonwealth.
15 * * *
16 Section 3. This act shall take effect in 60 days.
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