Regular Session 2015-2016 House Bill 2313 P.N. 3812

PRINTER'S NO. 3812

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2313

Session of

2015

INTRODUCED BY SIMMONS, ROTHMAN, STURLA, MILLARD, SAYLOR,

EVERETT, IRVIN, WARD, SANKEY, DAY, HELM, HARHART, MACKENZIE,

KAMPF AND EVANKOVICH, SEPTEMBER 7, 2016

REFERRED TO COMMITTEE ON LIQUOR CONTROL, SEPTEMBER 7, 2016

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

licenses and regulations and liquor, alcohol and malt and

brewed beverages, providing for spirits auction permits.

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 408.17. Spirits Auction Permits.--(a) The board

shall issue a spirits auction permit good for a period of not

more than four consecutive or nonconsecutive days per calendar

year to the following entities upon application and payment of a

fee of thirty dollars ($30) per day:

(1) any nonprofit hospital;

(2) any nonprofit public television station that is a member

of the Pennsylvania Public Television Network;

(3) any orchestra located in a county of the first, second

or third class that is operated by a nonprofit corporation;

(4) any museum located in a county of the first, second or

third class that is operated by a nonprofit corporation;

(5) any nonprofit corporation located in any county of the

third class that trains and places dogs for people who are

physically handicapped;

(6) any nationally recognized community-based voluntary

health organization committed to fighting cancer that has been

in existence for at least ninety years;

(7) any nationally recognized emergency response

organization that offers humanitarian care to victims of war or

natural disaster and has been in existence for at least one

hundred twenty-five years;

(8) any nationally recognized organization whose purpose is

to serve as an agent to collect funds for local charities, as

well as to coordinate relief services, counsel and refer clients

to cooperating agencies and make emergency assistance grants and

has been in existence for at least one hundred twenty years;

(9) any hospice as defined under section 802.1 of the act of

July 19, 1979 (P.L.130, No.48), known as the "Health Care

Facilities Act"; or

(10) an institution of higher education.

(b) Subject to clause (1) of section 493, a spirits auction

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permit shall authorize the permittee to sell, by auction,

spirits by the bottle or case to any person on any day for which

the permit is issued. The permit may only be issued in a city,

borough, incorporated town or township in which the sale of

liquor or malt or brewed beverages has been approved by the

electorate. Any spirits purchased under this section shall not

be consumed at the place of purchase.

days stated in the permit.

(d) A spirit auction permit may only be issued for use at an

event used by the permittee to raise funds for its operation.

(e) The hours during which the holder of a spirit auction

permit may sell spirits shall be limited to the hours set forth

in section 406 which are applicable to hotel and restaurant

licensees, provided, however, that spirit auction permittees may

sell spirits on Sunday between the hours of seven o'clock

antemeridian and until two o'clock antemeridian Monday.

(f) Spirit auction permits may be issued for sales on

premises which are either licensed or unlicensed under this act.

(g) Any spirits sold under this section shall be purchased

from a Pennsylvania Liquor Store, a Pennsylvania limited

distillery or any seller authorized to sell spirits by the

bottle or case in this Commonwealth or shall be donated by a

person who is neither a licensee nor a permittee who has legally

acquired the spirits and legally possesses it in this

Commonwealth.

(h) If any spirits sold under this section are purchased

from a seller other than a Pennsylvania Liquor Store, a

Pennsylvania limited distillery or any seller authorized to sell

spirits, the permittee shall provide thirty days' notice to the

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board of its intent to purchase such spirits. The notice shall

include a description of the spirits to be purchased, the

quantity to be purchased, the name of the seller and any other

information which the board may require. The permittee shall

comply with all board regulations regarding taxes and fees.

(i) The permittee shall be responsible for paying to the

board an amount equal to all taxes that would have been paid on

the spirits if they had been purchased from a Pennsylvania

Liquor Store, together with a processing fee to be determined by

the board.

(j) As a condition of the permit, the permittee shall not

broadcast by way of radio or television or disseminate by print

media nor cause the broadcast by way of radio, television or

dissemination by the print media of the price of any spirits

sold or to be sold under this section.

(k) Any person selling spirits in violation of this section

shall, upon summary conviction, be sentenced to pay a fine of

two hundred fifty dollars ($250) for the first offense and a

fine of five hundred dollars ($500) for each subsequent offense.

This fine shall be in addition to any other penalty imposed by

law for the illegal sale of liquor or malt or brewed beverages.

(l) "Auction," as used in this section, shall mean the offer

to sell spirits by the permittee to the members of an audience

congregated for the purpose of making bids for the purchase of

the spirits in an effort by the permittee to advance the amount

of the bids to obtain the highest or most favorable offer.

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

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