THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GABLER, CAUSER, ELLIS, EVERETT, GEORGE, GRELL, HARHART, HESS, HORNAMAN, METZGAR, MILLER, MURT, READSHAW, ROAE, SAINATO, SONNEY AND VULAKOVICH, MARCH 19, 2012

REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 19, 2012  

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 relative to liquor,

alcohol and liquor licensees.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 491(2) 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 July 7, 2006 (P.L.584,

No.84), is 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. The term "package store" as used in this clause shall

mean those retail operations located on any of the United States

military installations, including an installation of the Army,

Navy, Air Force, Marine Corps or Coast Guard.

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.

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.

* * *

Section 2.  This act shall take effect in 60 days.