| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY SONNEY, BARRAR, BEYER, M. KELLER, W. KELLER, MILNE AND M. O'BRIEN, FEBRUARY 27, 2009 |
| |
| |
| REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 27, 2009 |
| |
| |
| |
| 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 the possession and transportation of |
18 | wines by certain out-of-State wineries. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Section 491(2), (8) and (11) of the act of April |
22 | 12, 1951 (P.L.90, No.21), known as the Liquor Code, reenacted |
23 | and amended June 29, 1987 (P.L.32, No.14), and amended February |
24 | 21, 2002 (P.L.103, No.10), December 9, 2002 (P.L.1653, No.212) |
25 | and July 7, 2006 (P.L.584, No.84), are amended to read: |
26 | Section 491. Unlawful Acts Relative to Liquor, Alcohol and |
|
1 | Liquor Licensees.-- |
2 | It shall be unlawful-- |
3 | * * * |
4 | (2) Possession or Transportation of Liquor or Alcohol. For |
5 | any person, except a manufacturer or the board or the holder of |
6 | a sacramental wine license or of an importer's license, to |
7 | possess or transport any liquor or alcohol within this |
8 | Commonwealth which was not lawfully acquired prior to January |
9 | first, one thousand nine hundred and thirty-four, or has not |
10 | been purchased from a Pennsylvania Liquor Store or a licensed |
11 | limited winery in Pennsylvania, except in accordance with |
12 | section 488 or the board's regulations. In addition, it shall be |
13 | lawful for anyone to possess miniatures totaling less than one |
14 | gallon purchased in another state or a foreign country. The |
15 | burden shall be upon the person possessing or transporting such |
16 | liquor or alcohol to prove that it was so acquired. |
17 | Notwithstanding this section or any other provision of the law, |
18 | wine may be produced by any person without a license if the wine |
19 | is not produced for sale and total production does not exceed |
20 | two hundred gallons per calendar year. Wine produced in |
21 | accordance with this clause may be used at organized affairs, |
22 | exhibitions, competitions, contests, tastings or judgings if it |
23 | is not sold or offered for sale. |
24 | None of the provisions herein contained shall prohibit nor |
25 | shall it be unlawful for any person to import into Pennsylvania, |
26 | transport or have in his possession, an amount of liquor not |
27 | exceeding one gallon in volume upon which a State tax has not |
28 | been paid, if it can be shown to the satisfaction of the board |
29 | that such person purchased the liquor in a foreign country or |
30 | United States territory and was allowed to bring it into the |
|
1 | United States. Neither shall the provisions contained herein |
2 | prohibit nor make it unlawful for (i) any member of the armed |
3 | forces on active duty, or (ii) any retired member of the armed |
4 | forces, or (iii) any totally disabled veteran, or (iv) the |
5 | spouse of any person included in the foregoing classes of |
6 | persons to import into Pennsylvania, transport or have in his |
7 | possession an amount of liquor not exceeding one gallon per |
8 | month in volume upon which the State tax has not been paid, so |
9 | long as such liquor has been lawfully purchased from a package |
10 | store established and maintained under the authority of the |
11 | United States and is in containers identified in accordance with |
12 | regulations issued by the Department of Defense. Such liquor |
13 | shall not be possessed, offered for sale or sold on any licensed |
14 | premises. |
15 | None of the provisions herein contained shall prohibit nor |
16 | shall it be unlawful for any consul general, consul or other |
17 | diplomatic officer of a foreign government to import into |
18 | Pennsylvania, transport or have in his possession liquor upon |
19 | which a State tax has not been paid, if it can be shown to the |
20 | satisfaction of the board that such person acquired the liquor |
21 | in a foreign country and was allowed to bring it into the United |
22 | States. Such liquor shall not be possessed, offered for sale or |
23 | sold on any licensed premises. |
24 | Notwithstanding this clause or any other provisions of law, |
25 | wine may be imported into and transported within the |
26 | Commonwealth by out-of-State wineries which hold a permit as |
27 | provided in section 505.2(a)(4). |
28 | Any person violating the provisions of this clause for a |
29 | first offense involving the possession or transportation in |
30 | Pennsylvania of any liquor in a package (bottle or other |
|
1 | receptacle) or wine not purchased from a Pennsylvania Liquor |
2 | Store or from a licensed limited winery in Pennsylvania, with |
3 | respect to which satisfactory proof is produced that the |
4 | required Federal tax has been paid and which was purchased, |
5 | procured or acquired legally outside of Pennsylvania shall upon |
6 | conviction thereof in a summary proceeding be sentenced to pay a |
7 | fine of twenty-five dollars ($25) for each such package, plus |
8 | costs of prosecution, or undergo imprisonment for a term not |
9 | exceeding ninety (90) days. Each full quart or major fraction |
10 | thereof shall be considered a separate package (bottle or other |
11 | receptacle) for the purposes of this clause. Such packages of |
12 | liquor shall be forfeited to the Commonwealth in the manner |
13 | prescribed in Article VI of this act but the vehicle, boat, |
14 | vessel, animal or aircraft used in the illegal transportation of |
15 | such packages shall not be subject to forfeiture: Provided, |
16 | however, That if it is a second or subsequent offense or if it |
17 | is established that the illegal possession or transportation was |
18 | in connection with a commercial transaction, then the other |
19 | provisions of this act providing for prosecution as a |
20 | misdemeanor and for the forfeiture of the vehicle, boat, vessel, |
21 | animal or aircraft shall apply. |
22 | * * * |
23 | (8) Importation and Sales of Alcohol. For any person, to |
24 | import alcohol into this Commonwealth, or to sell alcohol to any |
25 | person, except in accordance with section 488 and the |
26 | regulations of the board. Notwithstanding this clause or any |
27 | other provisions of law, wine may be imported into and |
28 | transported within the Commonwealth by out-of-State wineries |
29 | which hold a permit as provided in section 505.2(a)(4). |
30 | * * * |
|
1 | (11) Importation of Liquor. For any person, other than the |
2 | board or the holder of a sacramental wine license, an importer's |
3 | license or a direct shipper's license, to import any liquor |
4 | whatsoever into this Commonwealth, but this section shall not be |
5 | construed to prohibit railroad and pullman companies from |
6 | purchasing and selling liquors purchased outside the |
7 | Commonwealth in their dining, club and buffet cars which are |
8 | covered by public service liquor licenses and which are operated |
9 | in this Commonwealth. Notwithstanding this clause or any other |
10 | provisions of law, wine may be imported into and transported |
11 | within the Commonwealth by out-of-State wineries which hold a |
12 | permit as provided in section 505.2(a)(4). |
13 | * * * |
14 | Section 2. Section 505.2(a)(4) of the act, amended July 16, |
15 | 2007 (P.L.107, No.34), is amended and the section is amended by |
16 | adding a clause to read: |
17 | Section 505.2. Limited Wineries.--(a) In the interest of |
18 | promoting tourism and recreational development in Pennsylvania, |
19 | holders of a limited winery license may: |
20 | * * * |
21 | (4) At the discretion of the board, obtain a special permit |
22 | to participate in alcoholic cider, wine and food expositions off |
23 | the licensed premises. A special permit shall be issued upon |
24 | proper application and payment of a fee of thirty dollars ($30) |
25 | per day for each day of permitted use, not to exceed five (5) |
26 | consecutive days. The total number of days for all the special |
27 | permits may not exceed forty (40) days in any calendar year. A |
28 | special permit shall entitle the holder to engage in the sale by |
29 | the glass, by the bottle or in case lots of alcoholic cider or |
30 | wine produced by the permittee under the authority of a limited |
|
1 | winery license. Holders of special permits may provide tasting |
2 | samples of wines in individual portions not to exceed one fluid |
3 | ounce. Samples at alcoholic cider, wine and food expositions may |
4 | be sold or offered free of charge. Except as provided herein, |
5 | limited wineries utilizing special permits shall be governed by |
6 | all applicable provisions of this act as well as by all |
7 | applicable regulations or conditions adopted by the board. |
8 | For the purposes of this clause, "alcoholic cider, wine and |
9 | food expositions" are defined as affairs held indoors or |
10 | outdoors with the intent of [promoting Pennsylvania products by] |
11 | educating those in attendance of the availability, nature and |
12 | quality of [Pennsylvania-produced] alcoholic ciders and wines in |
13 | conjunction with suitable food displays, demonstrations and |
14 | sales. Alcoholic cider, wine and food expositions may also |
15 | include activities other than alcoholic cider, wine and food |
16 | displays, including arts and crafts, musical activities, |
17 | cultural exhibits, agricultural exhibits and farmers markets. |
18 | (4.1) At the discretion of the board, wineries located |
19 | outside this Commonwealth holding a valid winery or wine |
20 | manufacturing license issued by another state and producing no |
21 | more than two hundred thousand (200,000) gallons of wine per |
22 | year may obtain a special permit to participate in alcoholic |
23 | cider, wine and food expositions within this Commonwealth. A |
24 | special permit shall be issued upon proper application and |
25 | payment of a fee of thirty dollars per day for each day of |
26 | permitted use, not to exceed five (5) consecutive days. The |
27 | total number of days for all special permits shall not exceed |
28 | forty (40) days in any calendar year. A special permit shall |
29 | entitle the holder to engage in the sale by the glass, by the |
30 | bottle or in case lots of alcoholic cider or wine produced by |
|
1 | the permittee. Holders of special permits may provide tasting |
2 | samples of wine in individual portions not to exceed one fluid |
3 | ounce. Samples of alcoholic cider, wine and food expositions may |
4 | be sold or offered free of charge. Except as provided herein, |
5 | any out-of-State winery utilizing special permits issued under |
6 | this clause shall be governed by all applicable provisions of |
7 | this act as well as by all applicable regulations or conditions |
8 | adopted by the board. |
9 | For the purpose of this clause, "alcoholic cider, wine and |
10 | food expositions" are defined as affairs held indoors or |
11 | outdoors with the intent of educating those in attendance of the |
12 | availability, nature and quality of alcoholic ciders and wines |
13 | in conjunction with suitable food displays, including arts and |
14 | crafts, musical activities, cultural exhibits, agricultural |
15 | exhibits and farmers markets. |
16 | * * * |
17 | Section 3. This act shall take effect immediately. |
|