PRIOR PRINTER'S NO. 3509 PRINTER'S NO. 3723
No. 2405 Session of 2008
INTRODUCED BY REED, ARGALL, BASTIAN, BEYER, BROOKS, CARROLL,
CLYMER, DALLY, DONATUCCI, EVERETT, FAIRCHILD, FLECK, GABIG,
GILLESPIE, GRELL, HALUSKA, HENNESSEY, KAUFFMAN, KORTZ, KULA,
LONGIETTI, MARSHALL, McILHATTAN, MELIO, R. MILLER, MILNE,
MOUL, MURT, PAYNE, PETRONE, PHILLIPS, PICKETT, REICHLEY,
ROAE, SAYLOR, SIPTROTH, SONNEY, SWANGER, VULAKOVICH, WANSACZ,
GINGRICH, DENLINGER, HORNAMAN AND CAUSER, APRIL 1, 2008
AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 7, 2008
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 ADDING DEFINITIONS; AND further providing for sales by <--
18 Pennsylvania Liquor Stores, for sales by liquor licensees and
19 restrictions, for distributors' and importing distributors'
20 restrictions and for unlawful acts relative to liquor, malt
21 and brewed beverages and licensees.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 305 of the act of April 12, 1951 (P.L.90, <--
1 No.21), known as the Liquor Code, reenacted and amended June 29,
2 1987 (P.L.32, No.14), is amended by adding a subsection to read:
3 SECTION 1. SECTION 102 OF THE ACT OF APRIL 12, 1951 (P.L.90, <--
4 NO.21), KNOWN AS THE LIQUOR CODE, REENACTED AND AMENDED JUNE 29,
5 1987 (P.L.32, NO.14), IS AMENDED BY ADDING DEFINITIONS TO READ:
6 SECTION 102. DEFINITIONS.--THE FOLLOWING WORDS OR PHRASES,
7 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, SHALL HAVE THE
8 MEANINGS ASCRIBED TO THEM IN THIS SECTION:
9 * * *
10 "GIFT CARD" SHALL HAVE THE MEANING GIVEN TO IT IN SECTION
11 1301.1 OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS
12 "THE FISCAL CODE."
13 "GIFT CERTIFICATE" SHALL HAVE THE MEANING GIVEN TO IT IN
14 SECTION 1301.1 OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176),
15 KNOWN AS "THE FISCAL CODE."
16 * * *
17 SECTION 2. SECTION 305 OF THE ACT IS AMENDED BY ADDING A
18 SUBSECTION TO READ:
19 Section 305. Sales by Pennsylvania Liquor Stores.--* * *
20 (j) No Pennsylvania Liquor Store shall accept payment from a
21 purchaser of liquor or alcohol, ALCOHOL, A GIFT CERTIFICATE OR A <--
22 GIFT CARD which is in the form of an electronic benefits card
23 issued to convey public assistance benefits administered by the
24 Department of Public Welfare or a debit card issued to convey
25 support payment moneys.
26 Section 2 3. Section 406(a) of the act is amended by adding <--
27 a paragraph to read:
28 Section 406. Sales by Liquor Licensees; Restrictions.--(a)
29 * * *
30 (7) No licensee to which this section applies shall accept
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1 payment from a purchaser of liquor or alcohol, ALCOHOL, A GIFT <--
2 CERTIFICATE OR A GIFT CARD which is in the form of an electronic
3 benefits card issued to convey public assistance benefits
4 administered by the Department of Public Welfare or a debit card
5 issued to convey support payment moneys.
6 * * *
7 Section 3 4. Section 441 of the act is amended by adding a <--
8 subsection to read:
9 Section 441. Distributors' and Importing Distributors'
10 Restrictions on Sales, Storage, Etc.--* * *
11 (h) No distributor or importing distributor shall accept
12 payment from a purchaser of liquor or alcohol, ALCOHOL, A GIFT <--
13 CERTIFICATE OR A GIFT CARD which is in the form of an electronic
14 benefits card issued to convey public assistance benefits
15 administered by the Department of Public Welfare or a debit card
16 issued to convey support payment moneys.
17 Section 4 5. Section 493(2) and (15) of the act, amended <--
18 July 6, 2005 (P.L.135, No.39), are amended to read:
19 Section 493. Unlawful Acts Relative to Liquor, Malt and
20 Brewed Beverages and Licensees.--The term "licensee," when used
21 in this section, shall mean those persons licensed under the
22 provisions of Article IV, unless the context clearly indicates
23 otherwise.
24 It shall be unlawful--
25 * * *
26 (2) Purchase or Sale of Liquor or Malt or Brewed Beverages
27 on Credit; Importing Distributors or Distributors Accepting
28 Cash. For any licensee, his agent, servant or employe, to sell
29 or offer to sell or purchase or receive any liquor or malt or
30 brewed beverages except for cash, excepting credit extended by a
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1 hotel or club to a bona fide guest or member, or by railroad or
2 pullman companies in dining, club or buffet cars to passengers,
3 for consumption while enroute, holding authorized credit cards
4 issued by railroad or railroad credit bureaus or by hotel,
5 restaurant, retail dispenser eating place, club and public
6 service licensees, importing distributors or distributors to
7 customers not possessing a license under this article and
8 holding credit cards issued in accordance with regulations of
9 the board or credit cards issued by banking institutions subject
10 to State or Federal regulation[:], except that no licensee, his
11 agent, servant or employe shall accept from a purchaser of
12 liquor or alcohol, ALCOHOL, A GIFT CERTIFICATE OR A GIFT CARD <--
13 which is in the form of an electronic benefits card issued to
14 convey public assistance benefits administered by the Department
15 of Public Welfare or a debit card issued to convey support
16 payment moneys: Provided further, That nothing herein contained
17 shall be construed to prohibit the use of checks or drafts drawn
18 on a bank, banking institution, trust company or similar
19 depository, organized and existing under the laws of the United
20 States of America or the laws of any state, territory or
21 possession thereof, in payment for any liquor or malt or brewed
22 beverages if the purchaser is the payor of the check or draft
23 and the licensee is the payee: Provided further, That
24 notwithstanding any other provision of this act to the contrary,
25 it shall be unlawful for an importing distributor or distributor
26 to accept cash for payment of any malt or brewed beverages from
27 anyone possessing a license issued under this article, except it
28 shall be permissible for the importing distributor or
29 distributor to accept money orders or cashiers' checks for
30 payment of any malt or brewed beverages in addition to any other
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1 type of payment authorized by the board from anyone possessing a
2 license under this article. No right of action shall exist to
3 collect any claim for credit extended contrary to the provisions
4 of this clause. Nothing herein contained shall prohibit a
5 licensee from crediting to a purchaser the actual price charged
6 for original containers returned by the original purchaser as a
7 credit on any sale, or from refunding to any purchaser the
8 amount paid by such purchaser for such containers or as a
9 deposit on containers when title is retained by the vendor, if
10 such original containers have been returned to the licensee.
11 Nothing herein contained shall prohibit a manufacturer from
12 extending usual and customary credit for liquor or malt or
13 brewed beverages sold to customers or purchasers who live or
14 maintain places of business outside of the Commonwealth of
15 Pennsylvania, when the liquor or malt or brewed beverages so
16 sold are actually transported and delivered to points outside of
17 the Commonwealth: Provided, however, That as to all transactions
18 affecting malt or brewed beverages to be resold or consumed
19 within this Commonwealth, every licensee shall pay and shall
20 require cash deposits on all returnable original containers and
21 all such cash deposits shall be refunded upon return of the
22 original containers.
23 * * *
24 (15) Cashing Pay Roll, Public Assistance, Unemployment
25 Compensation or Any Other Relief Checks. For any licensee or his
26 servants, agents or employes to cash pay roll checks or to cash,
27 receive, handle or negotiate in any way [Public Assistance,
28 Unemployment Compensation] public assistance, unemployment
29 compensation or any other relief checks[.] or to accept payment
30 from a purchaser of liquor or alcohol, ALCOHOL, A GIFT <--
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1 CERTIFICATE OR A GIFT CARD which is in the form of an electronic
2 benefits card issued to convey public assistance benefits
3 administered by the Department of Public Welfare or a debit card
4 issued to convey support payment moneys.
5 * * *
6 Section 5 6. This act shall take effect in 60 days. <--
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