PRINTER'S NO. 45
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
52
Session of
2015
INTRODUCED BY PAYNE, BARRAR, COHEN AND MILLARD, JANUARY 21, 2015
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 21, 2015
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," in
Pennsylvania Liquor Control Board, further providing for
enforcement; and, in licenses and regulations relating to
liquor, alcohol and malt and brewed beverages, further
providing for penalties and for identification cards,
licensees and State Liquor Store employees saved from
prosecution.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 211(a) 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 by adding a clause to
read:
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Section 211. Enforcement.--(a) There is created within the
Pennsylvania State Police a Bureau of Liquor Control Enforcement
which shall be responsible for enforcing this act and any
regulations promulgated pursuant thereto. Officers and
investigators assigned to the bureau shall have the power and
their duty shall be:
* * *
(4.1) To investigate and issue citations to any person who
has had an invalid identification card confiscated by an entity
licensed under this act so long as the officer/investigator
determines that the identification card was properly confiscated
under section 495(b.1).
* * *
Section 2. Sections 494 and 495 of the act are amended by
adding by adding subsections to read:
Section 494. Penalties.--* * *
(d) Any person who has an invalid identification card
confiscated by a licensee under section 495(b.1) and has been
issued a citation by the enforcement bureau shall be guilty of a
misdemeanor and, upon conviction thereof, shall be sentenced to
pay a fine of not less than five hundred dollars ($500), nor
more than two thousand dollars ($2,000).
Section 495. Identification Cards; Licensees and State
Liquor Store Employes Saved From Prosecution.--* * *
(b.1) Any licensee, or the servant, agent or employe
thereof, may confiscate an identification card that has been
presented for the purpose of obtaining liquor or malt or brewed
beverages when there is reasonable suspicion that the
identification card presented is not valid. A licensee, or the
servant, agent or employe thereof, may have reasonable suspicion
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that an identification card is invalid only after utilizing a
transaction scan device. A licensee, or the servant, agent or
employe thereof, that confiscated an identification card based
upon a reasonable suspicion that it is invalid shall not be held
liable by the board or the enforcement bureau should the
identification card be deemed valid. An identification card
confiscated under this subsection shall be submitted to the
enforcement bureau within forty-eight hours of the confiscation
to determine the validity of the identification. The enforcement
bureau shall return any confiscated identification card that is
determined to be valid to the person from whom it was
confiscated.
* * *
Section 3. This act shall take effect in 60 days.
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