THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SONNEY, BARRAR, EVERETT, FABRIZIO, GODSHALL AND PYLE, FEBRUARY 28, 2011

REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 28, 2011  

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "An act relating to alcoholic liquors, alcohol and

malt and brewed beverages; amending, revising, consolidating

and changing the laws relating thereto; regulating and

restricting the manufacture, purchase, sale, possession,

consumption, importation, transportation, furnishing, holding

in bond, holding in storage, traffic in and use of alcoholic

liquors, alcohol and malt and brewed beverages and the

persons engaged or employed therein; defining the powers and

duties of the Pennsylvania Liquor Control Board; providing

for the establishment and operation of State liquor stores,

for the payment of certain license fees to the respective

municipalities and townships, for the abatement of certain

nuisances and, in certain cases, for search and seizure

without warrant; prescribing penalties and forfeitures;

providing for local option, and repealing existing laws,"

further providing for unlawful acts relating to wine and for

limited wineries.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 491(2), (8) and (11) of the act of April

12, 1951 (P.L.90, No.21), known as the Liquor Code, reenacted

and amended June 29, 1987 (P.L.32, No.14) and amended February

21, 2002 (P.L.103, No.10), December 9, 2002 (P.L.1653, No.212)

and July 7, 2006 (P.L.584, No.84), are amended to read:

Section 491.  Unlawful Acts Relative to Liquor, Alcohol and

Liquor Licensees.--

It shall be unlawful--

* * *

(2)  Possession or Transportation of Liquor or Alcohol. For

any person, except a manufacturer or the board or the holder of

a sacramental wine license or of an importer's license, to

possess or transport any liquor or alcohol within this

Commonwealth which was not lawfully acquired prior to January

first, one thousand nine hundred and thirty-four, or has not

been purchased from a Pennsylvania Liquor Store or a licensed

limited winery in Pennsylvania, except in accordance with

section 488 or the board's regulations. In addition, it shall be

lawful for anyone to possess miniatures totaling less than one

gallon purchased in another state or a foreign country. The

burden shall be upon the person possessing or transporting such

liquor or alcohol to prove that it was so acquired.

Notwithstanding this section or any other provision of the law,

wine may be produced by any person without a license if the wine

is not produced for sale and total production does not exceed

two hundred gallons per calendar year. Wine produced in

accordance with this clause may be used at organized affairs,

exhibitions, competitions, contests, tastings or judgings if it

is not sold or offered for sale.

None of the provisions herein contained shall prohibit nor

shall it be unlawful for any person to import into Pennsylvania,

transport or have in his possession, an amount of liquor not

exceeding one gallon in volume upon which a State tax has not

been paid, if it can be shown to the satisfaction of the board

that such person purchased the liquor in a foreign country or

United States territory and was allowed to bring it into the

United States. Neither shall the provisions contained herein

prohibit nor make it unlawful for (i) any member of the armed

forces on active duty, or (ii) any retired member of the armed

forces, or (iii) any totally disabled veteran, or (iv) the

spouse of any person included in the foregoing classes of

persons to import into Pennsylvania, transport or have in his

possession an amount of liquor not exceeding one gallon per

month in volume upon which the State tax has not been paid, so

long as such liquor has been lawfully purchased from a package

store established and maintained under the authority of the

United States and is in containers identified in accordance with

regulations issued by the Department of Defense. Such liquor

shall not be possessed, offered for sale or sold on any licensed

premises.

None of the provisions herein contained shall prohibit nor

shall it be unlawful for any consul general, consul or other

diplomatic officer of a foreign government to import into

Pennsylvania, transport or have in his possession liquor upon

which a State tax has not been paid, if it can be shown to the

satisfaction of the board that such person acquired the liquor

in a foreign country and was allowed to bring it into the United

States. Such liquor shall not be possessed, offered for sale or

sold on any licensed premises.

Notwithstanding this section or any other provision of law,

wine may be imported into and transported within this

Commonwealth by out-of-State wineries which hold a permit as

provided in section 505.2(a)(4).

Any person violating the provisions of this clause for a

first offense involving the possession or transportation in

Pennsylvania of any liquor in a package (bottle or other

receptacle) or wine not purchased from a Pennsylvania Liquor

Store or from a licensed limited winery in Pennsylvania, with

respect to which satisfactory proof is produced that the

required Federal tax has been paid and which was purchased,

procured or acquired legally outside of Pennsylvania shall upon

conviction thereof in a summary proceeding be sentenced to pay a

fine of twenty-five dollars ($25) for each such package, plus

costs of prosecution, or undergo imprisonment for a term not

exceeding ninety (90) days. Each full quart or major fraction

thereof shall be considered a separate package (bottle or other

receptacle) for the purposes of this clause. Such packages of

liquor shall be forfeited to the Commonwealth in the manner

prescribed in Article VI of this act but the vehicle, boat,

vessel, animal or aircraft used in the illegal transportation of

such packages shall not be subject to forfeiture: Provided,

however, That if it is a second or subsequent offense or if it

is established that the illegal possession or transportation was

in connection with a commercial transaction, then the other

provisions of this act providing for prosecution as a

misdemeanor and for the forfeiture of the vehicle, boat, vessel,

animal or aircraft shall apply.

* * *

(8)  Importation and Sales of Alcohol. For any person, to

import alcohol into this Commonwealth, or to sell alcohol to any

person, except in accordance with section 488 and the

regulations of the board. Notwithstanding this section or any

other provision of law, wine may be imported into and

transported within this Commonwealth by out-of-State wineries

which hold a permit as provided in section 505.2(a)(4).

* * *

(11)  Importation of Liquor. For any person, other than the

board or the holder of a sacramental wine license, an importer's

license or a direct shipper's license, to import any liquor

whatsoever into this Commonwealth, but this section shall not be

construed to prohibit railroad and pullman companies from

purchasing and selling liquors purchased outside the

Commonwealth in their dining, club and buffet cars which are

covered by public service liquor licenses and which are operated

in this Commonwealth. Notwithstanding this section or any other

provision of law, wine may be imported into and transported

within the Commonwealth by out-of-State wineries which hold a

permit as provided in section 505.2(a)(4).

* * *

Section 2.  Section 505.2(a)(4) of the act, amended July 16,

2007 (P.L.107, No.34), is amended and the subsection is amended

by adding a paragraph to read:

Section 505.2.  Limited Wineries.--(a)  In the interest of

promoting tourism and recreational development in Pennsylvania,

holders of a limited winery license may:

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(4)  (i)  At the discretion of the board, obtain a special

permit to participate in alcoholic cider, wine and food

expositions off the licensed premises. A special permit shall be

issued upon proper application and payment of a fee of thirty

dollars ($30) per day for each day of permitted use, not to

exceed five (5) consecutive days. The total number of days for

all the special permits may not exceed forty (40) days in any

calendar year. A special permit shall entitle the holder to

engage in the sale by the glass, by the bottle or in case lots

of alcoholic cider or wine produced by the permittee under the

authority of a limited winery license. Holders of special

permits may provide tasting samples of wines in individual

portions not to exceed one fluid ounce. Samples at alcoholic

cider, wine and food expositions may be sold or offered free of

charge. Except as provided herein, limited wineries utilizing

special permits shall be governed by all applicable provisions

of this act as well as by all applicable regulations or

conditions adopted by the board.

For the purposes of this clause, "alcoholic cider, wine and

food expositions" are defined as affairs held indoors or

outdoors with the intent of [promoting Pennsylvania products by]

educating those in attendance of the availability, nature and

quality of [Pennsylvania-produced] alcoholic ciders and wines in

conjunction with suitable food displays, demonstrations and

sales. Alcoholic cider, wine and food expositions may also

include activities other than alcoholic cider, wine and food

displays, including arts and crafts, musical activities,

cultural exhibits, agricultural exhibits and farmers markets.

(ii)  At the discretion of the board, wineries located

outside of Pennsylvania holding a valid winery or wine

manufacturing license issued by another state and producing no

more than two hundred thousand (200,000) gallons of wine per

year may obtain a special permit to participate in alcoholic

cider, wine and food expositions within this Commonwealth. A

special permit shall be issued upon proper application and

payment of a fee of thirty  dollars ($30) per day for each day

of permitted use, not to exceed five (5) consecutive days. The

total number of days for all special permits shall not exceed

forty (40) days in any calendar year. A special permit shall

entitle the holder to engage in the sale by the glass, by the

bottle or in case lots of alcoholic cider or wine produced by

the permittee. Holders of special permits may provide tasting

samples of wine in individual portions not to exceed one fluid

ounce. Samples of alcoholic cider, wine and food expositions may

be sold or offered free of charge. Except as provided herein,

any out-of-State winery utilizing special permits issued by this

subsection shall be governed by all applicable provisions of

this act as well as by all applicable regulations or conditions

adopted by the board.

For the purpose of this clause, alcoholic cider, wine and

food expositions are defined as affairs held indoors or outdoors

with the intent of educating those in attendance of the

availability, nature and quality of alcoholic ciders and wines

in conjunction with suitable food displays, including arts and

crafts, musical activities, cultural exhibits, agricultural

exhibits and farmers markets.

* * *

Section 3.  This act shall take effect in 60 days.