AN ACT

 

1Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as 
2reenacted, "An act relating to alcoholic liquors, alcohol and
3malt and brewed beverages; amending, revising, consolidating
4and changing the laws relating thereto; regulating and
5restricting the manufacture, purchase, sale, possession,
6consumption, importation, transportation, furnishing, holding
7in bond, holding in storage, traffic in and use of alcoholic
8liquors, alcohol and malt and brewed beverages and the
9persons engaged or employed therein; defining the powers and
10duties of the Pennsylvania Liquor Control Board; providing
11for the establishment and operation of State liquor stores,
12for the payment of certain license fees to the respective
13municipalities and townships, for the abatement of certain
14nuisances and, in certain cases, for search and seizure
15without warrant; prescribing penalties and forfeitures;
16providing for local option, and repealing existing laws," 
17further providing for unlawful acts relative to liquor, malt 
18and brewed beverages and licensees.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

21Section 1. Section 493(24) of the act of April 12, 1951
22(P.L.90, No.21), known as the Liquor Code, reenacted and amended
23June 29, 1987 (P.L.32, No.14) and amended November 29, 2006
24(P.L.1421, No.155), is amended and the clause is amended by
25adding a subclause to read:

1Section 493. Unlawful Acts Relative to Liquor, Malt and
2Brewed Beverages and Licensees.--The term "licensee," when used
3in this section, shall mean those persons licensed under the
4provisions of Article IV, unless the context clearly indicates
5otherwise.

6It shall be unlawful--

7* * *

8(24) (i) Things of Value Offered as Inducement. Except as
9provided in subclause (ii) and subclause (iii), for any licensee
10under the provisions of this article, or the board or any
11manufacturer, or any employe or agent of a manufacturer,
12licensee or of the board, to offer to give anything of value or
13to solicit or receive anything of value as a premium for the
14return of caps, stoppers, corks, stamps or labels taken from any
15bottle, case, barrel or package containing liquor or malt or
16brewed beverage, or to offer or give or solicit or receive
17anything of value as a premium or present to induce directly the
18purchase of liquor or malt or brewed beverage, or for any
19licensee, manufacturer or other person to offer or give to trade
20or consumer buyers any prize, premium, gift or other inducement
21to purchase liquor or malt or brewed beverages, except
22advertising novelties of nominal value which the board shall
23define. This section shall not prevent any manufacturer or any
24agent of a manufacturer from offering and honoring coupons which
25offer monetary rebates on purchases of wines and spirits through
26State Liquor Stores or purchases of malt or brewed beverages
27through distributors and importing distributors in accordance
28with conditions or regulations established by the board. The
29board may redeem coupons offered by a manufacturer or an agent
30of a manufacturer at the time of purchase. Coupons offered by a

1manufacturer or an agent of a manufacturer shall not be redeemed
2without proof of purchase. This section shall not apply to the
3return of any monies specifically deposited for the return of
4the original container to the owners thereof.

5(ii) Notwithstanding subclause (i) or any other provision of
6law, a holder of a restaurant license that is also approved to
7hold a slot machine license or a conditional slot machine
8license under 4 Pa.C.S. Part II (relating to gaming) may give
9liquor and malt or brewed beverages free of charge to any person
10actively engaged in playing a slot machine.

11(iii) Notwithstanding subclause (i) or any other provision
12of law or regulation, a holder of a license under provisions of
13this clause may offer discounts of food or malt or brewed
14beverages and disproportionate serving amounts that act as a
15discount to patrons who are part of a bona fide club or group
16program offered by the licensee to promote its business or
17products in a commercially reasonable manner.

18* * *

19Section 2. This act shall take effect in 60 days.