PRINTER'S NO. 330
No. 293 Session of 2007
INTRODUCED BY FERLO, BOSCOLA, ERICKSON, ORIE, C. WILLIAMS, VANCE
AND M. WHITE, MARCH 9, 2007
REFERRED TO LAW AND JUSTICE, MARCH 9, 2007
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 shipment of wine into Commonwealth.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 488 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) and added February 21, 2002 (P.L.103,
23 No.10), is amended to read:
24 Section 488. Shipment of Wine [into Commonwealth].--(a) The
25 shipment of wine [from out-of-State] to residents of this
1 Commonwealth [is prohibited, except as otherwise provided for
2 in] shall be governed by this section.
3 (b) Notwithstanding any other provision of this act or law
4 to the contrary, a person licensed by the board or another state
5 as a producer, supplier, importer, wholesaler, distributor or
6 retailer of wine and who obtains a direct wine shipper license
7 as provided for in this section may ship up to [nine] eighteen
8 liters per month of any wine [not included on the list provided
9 for in subsection (c)] on the Internet or mail order of any
10 resident of this Commonwealth who is at least twenty-one (21)
11 years of age for such resident's personal use and not for
12 resale.
13 [(c) Each month, the board shall publish on the Internet a
14 list of all classes, varieties and brands of wine available for
15 sale in the Pennsylvania Liquor Stores. A person holding a
16 direct shipper license may ship only those classes, varieties
17 and brands of wine not included on the list at the time an
18 Internet order is placed.]
19 (c.1) Prior to issuing a direct wine shipper license, the
20 board shall require the person seeking the license to:
21 (1) File an application with the board.
22 (2) Pay a one hundred dollar ($100) registration fee.
23 (3) Provide to the board a true copy of its current
24 alcoholic beverage license issued by the board or another state,
25 if applicable.
26 (4) Provide the board with any other information the board
27 deems necessary and appropriate.
28 (d) [An out-of-State] A direct wine shipper shall:
29 (1) Not ship more than [nine] eighteen liters per month on
30 the Internet or mail order of any person in this Commonwealth.
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1 (2) Report to the board each year the total of wine shipped
2 [into] to residents of this Commonwealth in the preceding
3 calendar year.
4 (3) Permit the board or the Secretary of Revenue, or their
5 designated representatives, to perform an audit of the [out-of-
6 State] direct wine shipper's records upon request.
7 (4) Be deemed to have submitted to the jurisdiction of the
8 board, any other State agency and the courts of this
9 Commonwealth for purposes of enforcement of this section and any
10 related laws, rules or regulations.
11 (5) Ensure that all containers of wine shipped directly to a
12 resident in this Commonwealth are conspicuously labeled with the
13 words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER
14 REQUIRED FOR DELIVERY."
15 (6) Annually pay to the Department of Revenue all taxes due
16 on sales to residents of this Commonwealth in the preceding
17 calendar year and the amount of such taxes shall be calculated
18 as if the sale were in this Commonwealth at the location where
19 delivery is made.
20 (7) Annually renew its license by paying a renewal fee
21 established by the board.
22 (e) A direct shipper may ship wine on the Internet or mail
23 order of a resident into this Commonwealth provided that the
24 wine [is shipped to a Pennsylvania Liquor Store selected by the
25 resident. The wine will be subject to taxes in the same manner
26 as wine sold directly by the board. The wine will not be
27 released by the State store until all moneys due, including all
28 taxes and fees, have been paid by the resident.] will be subject
29 to all taxes due on sales to residents of this Commonwealth with
30 the amount of such taxes to be calculated as if the sale were in
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1 this Commonwealth at the location where delivery is made.
2 (f) [A person shall sign an affidavit provided by the
3 Pennsylvania Liquor Store where the wine was delivered to
4 stating that the wine will only be used for the person's
5 personal use.] Any person who resells wine obtained under this
6 section commits a misdemeanor of the second degree.
7 (g) The board may promulgate such rules and regulations as
8 are necessary to implement and enforce the provisions of this
9 section. [The board may charge the resident a fee to cover the
10 cost associated with processing the Internet order.]
11 (h) The board shall submit [monthly] annual reports to the
12 Appropriations Committee and the Law and Justice Committee of
13 the Senate and to the Appropriations Committee and the Liquor
14 Control Committee of the House of Representatives summarizing
15 the number of direct shipper licenses issued by the board[,] and
16 the quantity of wine sold by direct wine shippers pursuant to
17 this section [and the total dollar value of sales under this
18 section].
19 (i) The term "wine" as used in this section shall mean
20 liquor which is fermented from grapes and other fruits, having
21 alcoholic content of twenty-four per centum or less. The term
22 "wine" shall not include malt or brewed beverages nor shall wine
23 include any products containing alcohol derived from malt,
24 grain, cereal, molasses or cactus.
25 (j) The term "direct wine shipper" as used in this section
26 shall mean a person who holds a direct wine shipper license as
27 provided in this section.
28 Section 2. This act shall take effect in 60 days.
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