PRINTER'S NO. 1372
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1149
Session of
2017
INTRODUCED BY DAWKINS, KINSEY, McNEILL, MURT, BULLOCK, NEILSON,
D. COSTA, McCLINTON, THOMAS AND DONATUCCI, APRIL 12, 2017
REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 12, 2017
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, liquor, alcohol and malt and brewed
beverages, further providing for revocation and suspension of
licenses and fines.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 471 of the act of April 12, 1951 (P.L.90,
No.21), known as the Liquor Code, is amended by adding
subsections to read:
Section 471. Revocation and Suspension of Licenses; Fines.--
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(c.1) If a licensee or an employe of a licensed
establishment, or both, have been found to have violated section
493(1) as it relates to sales to minors and, as a result of the
violation, the minor was convicted of violating 18 Pa.C.S. §
2501 (relating to criminal homicide), 2502 (relating to murder),
2503 (relating to voluntary manslaughter), 2504 (relating to
involuntary manslaughter), 2507 (relating to criminal homicide
of law enforcement officer), 2702 (relating to aggravated
assault) or 2702.1 (relating to assault of law enforcement
officer) or 75 Pa.C.S. § 3732 (relating to homicide by vehicle)
within twelve hours of the sale, the administrative law judge,
in addition to the penalties set forth in subsections (b), (d)
and (e), shall impose a fine of not less than five thousand
dollars ($5,000) nor more than fifteen thousand dollars
($15,000). The licensee or employe of the licensed establishment
shall be exempt from such fines and imprisonment if the
identification card was identified as a valid card by a
transaction scan device and the identification card and
transaction scan results were relied upon in good faith. If the
conviction for violating 18 Pa.C.S. § 2501, 2502, 2503, 2504,
2507, 2702 or 2702.1 or 75 Pa.C.S. § 3732 is overturned, the
administrative law judge shall return the money from the imposed
fine to the licensee or employe of the licensed establishment
within thirty days of receiving a notice of the ruling from the
licensee or employe of the licensed establishment.
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(e.1) If a licensee has been cited and found to have
violated section 493(1) as it relates to sales to minors for a
second or subsequent offense within a three-year period, the
administrative law judge, in addition to the penalties set forth
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in subsection (b), shall require the licensee to utilize a
transaction scan device by which the licensee or an agent or
employe of a licensee must check the validity of an
identification card that is presented by the holder thereof in
accordance with section 495.
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(g) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Transaction scan device." A device capable of deciphering
in an electronically readable format the information encoded on
the magnetic strip or bar code of an identification card as set
forth in section 495(a).
Section 2. This act shall take effect in 60 days.
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