THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PETRI, CALTAGIRONE, GILLESPIE, KILLION, MILLER, MURT, MUSTIO, SABATINA AND RAPP, APRIL 20, 2011

REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 20, 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 general powers of the board, for

specific subjects on which board may adopt regulations and

for management of Pennsylvania Liquor Stores; and making a

repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 207(f) and (h) 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), is amended and the

section is amended by adding a subsection to read:

Section 207.  General Powers of Board.--Under this act, the

board shall have the power and its duty shall be:

* * *

(f)  To appoint, fix the compensation and define the powers

and duties of such managers, officers, inspectors, examiners,

clerks and other employes as shall be required for the operation

of this act, [subject to the provisions of The Administrative

Code of 1929 and the Civil Service Act] who shall serve at the

board's pleasure. An employe of the board shall be considered a

State employe for purposes of 71 Pa.C.S. Pt. XXV (relating to

retirement for State employees and officers). The board shall

establish a system of classification and compensation of its

employes and shall not be subject to the provisions of the act

of April 9, 1929 (P.L.177, No.175), known as The Administrative

Code of 1929, as to classification and compensation for its

employes, and shall conduct its activities consistent with the

practices and procedures of Commonwealth agencies.

* * *

(h)  Without in any way limiting or being limited by the

foregoing, to do all such things and perform all such acts as

are deemed necessary or advisable for the purpose of carrying

into effect the provisions of this act and the regulations made

thereunder. Notwithstanding any other provision of law to the

contrary, the board is authorized to purchase all goods and

services in its sole discretion which are deemed necessary to

perform all such acts. The board is authorized to promulgate

regulations providing for the procurement of such goods and

services.

* * *

(l)  Notwithstanding any other provision of law to the

contrary, to enter into agreements with governmental units of

this Commonwealth and other states for the purchase or sale of

goods and/or services with, from or to the governmental units.

Section 2.  Section 208(c) of the act is amended to read:

Section 208.  Specific Subjects on Which Board May Adopt

Regulations.--Subject to the provisions of this act and without

limiting the general power conferred by the preceding section,

the board may make regulations regarding:

* * *

(c)  The purchase, as provided in this act, of liquor and

alcohol, and its supply to Pennsylvania Liquor Stores and the

procurement of all other goods and services which are deemed

necessary by the board, in its sole discretion, to perform all

such acts.

* * *

Section 3.  Section 302 of the act is repealed:

[Section 302.  Selection of Personnel.--Officers and employes

of the board, except as herein otherwise provided, shall be

appointed and employed subject to the provisions of the Civil

Service Act.]

Section 4.  Section 303 of the act is amended to read:

Section 303.  Management of Pennsylvania Liquor Stores.--

Every Pennsylvania Liquor Store shall be conducted by a person

appointed [in the manner provided in the Civil Service Act] by

the board who shall be known as the "manager" and who shall,

under the directions of the board, be responsible for carrying

out the provisions of this act and the regulations adopted by

the board under this act as far as they relate to the conduct of

such stores.

Section 5.  This act shall take effect in 60 days.