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," in 
17licenses and regulations, further providing for the sale of 
18certain containers of malt or brewed beverages by 
19distributors and importing distributors.

20The General Assembly of the Commonwealth of Pennsylvania
21hereby enacts as follows:

22Section 1. Section 441(b) of the act of April 12, 1951 (P.L.

2390, No.21), known as the Liquor Code, reenacted and amended June 
2429, 1987 (P.L.32, No.14) and amended December 9, 2002 (P.L.1653, 
25No.212), is amended to read:

26Section 441. Distributors' and Importing Distributors'

1Restrictions on Sales, Storage, Etc.--* * *

2(b) (1) No distributor or importing distributor shall sell
3any malt or brewed beverages in quantities of less than a case
4or original containers containing one hundred twenty-eight fluid
5ounces or more which may be sold separately: Provided, That no
6malt or brewed beverages sold or delivered shall be consumed
7upon the premises of the distributor or importing distributor,
8or in any place provided for such purpose by such distributor or
9importing distributor. Notwithstanding any other provision of
10this section or act, malt or brewed beverages which are part of
11a tasting conducted pursuant to the board's regulations may be
12consumed on licensed premises.

13(2) No distributor or importing distributor shall sell malt
14or brewed beverages in a container containing one hundred
15twenty-eight fluid ounces or more without first requiring the
16purchaser to execute a numbered form providing for the
17purchaser's name and address and such other information as the
18board may prescribe. Following execution of the numbered form,
19the distributor or importing distributor shall affix to the
20container an identification tag that corresponds to the number
21on the form completed by the purchaser. Records required under
22this clause shall be maintained in accordance with the rules and
23regulations of the board. The removal of an identification tag
24in violation of this clause and the rules and regulations of the
25board shall be a summary offense. This clause shall not apply to
26the sale of a container by an importing distributor or a
27distributor to another importing distributor or distributor.

28* * *

29Section 2. This act shall take effect in 60 days.