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 general powers of board.

18The General Assembly of the Commonwealth of Pennsylvania
19hereby enacts as follows:

20Section 1. Section 207(b) of the act of April 12, 1951
21(P.L.90, No.21), known as the Liquor Code, reenacted and amended
22June 29, 1987 (P.L.32, No.14), is amended to read:

23Section 207. General Powers of Board.--Under this act, the
24board shall have the power and its duty shall be:

25* * *

1(b) To control the manufacture, possession, sale,
2consumption, importation, use, storage, transportation and
3delivery of liquor, alcohol and malt or brewed beverages in
4accordance with the provisions of this act, and to fix the
5wholesale and retail prices at which liquors and alcohol shall
6be sold at Pennsylvania Liquor Stores. Prices shall be
7[proportional with prices paid by the board to its suppliers and
8shall reflect any advantage obtained through volume purchases by
9the board. The board may establish a preferential price
10structure for wines produced within this Commonwealth for the
11promotion of such wines, as long as the price structure is
12uniform within each class of wine purchased] as established by
13the board. The board shall require each Pennsylvania
14manufacturer and each nonresident manufacturer of liquors, other
15than wine, selling such liquors to the board, which are not
16manufactured in this Commonwealth, to make application for and
17be granted a permit by the board before such liquors not
18manufactured in this Commonwealth shall be purchased from such
19manufacturer. Each such manufacturer shall pay for such permit a
20fee which, in the case of a manufacturer of this Commonwealth,
21shall be equal to that required to be paid, if any, by a
22manufacturer or wholesaler of the state, territory or country of
23origin of the liquors, for selling liquors manufactured in
24Pennsylvania, and in the case of a nonresident manufacturer,
25shall be equal to that required to be paid, if any, in such
26state, territory or country by Pennsylvania manufacturers doing
27business in such state, territory or country. In the event that
28any such manufacturer shall, in the opinion of the board, sell
29or attempt to sell liquors to the board through another person
30for the purpose of evading this provision relating to permits,

1the board shall require such person, before purchasing liquors
2from him or it, to take out a permit and pay the same fee as
3hereinbefore required to be paid by such manufacturer. All
4permit fees so collected shall be paid into the State Stores
5Fund. The board shall not purchase any alcohol or liquor
6fermented, distilled, rectified, compounded or bottled in any
7state, territory or country, the laws of which result in
8prohibiting the importation therein of alcohol or liquor,
9fermented, distilled, rectified, compounded or bottled in
10Pennsylvania.

11* * *

12Section 2. This act shall take effect in 60 days.