PRINTER'S NO. 1744
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1382
Session of
2017
INTRODUCED BY CARROLL, MILLARD, PASHINSKI AND NEILSON,
MAY 18, 2017
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 18, 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 unlawful acts relative to
malt or brewed beverages and licensees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 492 of the act of April 12, 1951 (P.L.90,
No.21), known as the Liquor Code, is amended by adding a
paragraph to read:
Section 492. Unlawful Acts Relative to Malt or Brewed
Beverages and Licensees.--
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It shall be unlawful--
* * *
(22) Pricing of Malt and Brewed Beverages by Manufacturers.
For any manufacturer to grant a more favorable price, allowance,
rebate, refund, payment term, commission, discount or service to
an importing distributor as compared to a different importing
distributor based on the quantity of malt and brewed beverages
purchased or any other reason except as otherwise provided in
this paragraph. This paragraph shall not apply to freight and
transportation costs, price promotions on malt and brewed
beverage products for special events in a particular market not
to exceed fourteen (14) consecutive days, point-of-sale
advertising materials, sponsorships, consumer specialty items,
consumer sweepstakes and novelties. The following shall apply:
(i) Nothing in this paragraph shall be construed to prohibit
a supplier from offering a lower price or discount in order to
match that of a competing supplier providing a similar category
of malt and brewed beverage products throughout this
Commonwealth or in a particular market of this Commonwealth.
(ii) A person in violation of this paragraph shall be
subject to a fine of not more than one thousand dollars
($1,000).
(iii) The board shall promulgate regulations necessary to
implement this paragraph.
Section 2. This act shall take effect in 60 days.
20170HB1382PN1744 - 2 -
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