PRINTER'S NO. 2026
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1439
Session of
2015
INTRODUCED BY CALTAGIRONE, McNEILL AND COHEN, JULY 6, 2015
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JULY 6, 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, providing for persons not
to purchase liquor or alcohol database.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. 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 section to read:
Section 218. Persons Not to Purchase Liquor or Alcohol
Database.--(a) The board shall establish a database of persons
who may not purchase liquor or alcohol at Pennsylvania Liquor
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Stores. The names and addresses of the following persons shall
be placed in the database:
(1) Persons identified in a Department of Transportation
registry of habitual offenders of 75 Pa.C.S. § 3802 (relating to
driving under influence of alcohol or controlled substance) or
30 Pa.C.S. § 5502 (relating to operating watercraft under
influence of alcohol or controlled substance).
(2) Persons identified in the list of self-excluded persons
as provided under subsection (b).
(b) The board shall provide by regulation for the
establishment of a list of persons self-excluded from purchasing
liquor or alcohol at Pennsylvania Liquor Stores. The regulations
shall provide the following:
(1) Any person may request placement on the list of self-
excluded persons by acknowledging in a manner to be established
by the board that the person is a problem drinker and by
agreeing that, during any period of voluntary exclusion, the
person may not purchase liquor or alcohol at a Pennsylvania
Liquor Store.
(2) Procedures for placements on and removals from the list
of self-excluded persons.
(3) Procedures for the transmittal to Pennsylvania Liquor
Stores of identifying information concerning self-excluded
persons.
(c) In order for a person to purchase liquor or alcohol from
a Pennsylvania Liquor Store, the person must present a form of
identification acceptable to the board. At the time of
presentation the clerk or other employe of the Pennsylvania
Liquor Store shall compare the person's name to the information
contained in the database. If the person's name is contained in
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the database, the clerk or other employe may not complete the
sale of the liquor or alcohol to the person and shall comply
with the applicable regulations of the board.
(d) Notwithstanding any other law to the contrary, the
board's database of persons who may not purchase liquor or
alcohol at Pennsylvania Liquor Stores and list of self-excluded
persons shall not be open to public inspection.
Section 2. This act shall take effect in 60 days.
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