PRIOR PRINTER'S NO. 33
PRINTER'S NO. 1006
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
61
Session of
2019
INTRODUCED BY J. WARD, PHILLIPS-HILL, FOLMER AND K. WARD,
JANUARY 14, 2019
SENATOR STEFANO, LAW AND JUSTICE, AS AMENDED, JUNE 18, 2019
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled "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, further providing for wine and spirits
auction permits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 408.12(a), (G) AND (I) of the act of
April 12, 1951 (P.L.90, No.21), known as the Liquor Code, is ARE
amended to read:
Section 408.12. Wine and Spirits Auction Permits.--(a) Upon
application of:
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(1) any nonprofit hospital;
(2) any nonprofit public television station which is a
member of the Pennsylvania Public Television Network;
(3) any orchestra located in a county of the first, second
or third class which is operated by a nonprofit corporation;
(4) any museum located in a county of the first, second,
third or fourth class which is operated by a nonprofit
corporation;
(5) any nonprofit corporation located in any county of the
third class which trains and places dogs for people who are
physically handicapped;
(6) any nationally recognized community-based voluntary
health organization committed to fighting cancer which 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";
(10) institution of higher education;
(11) any nationally recognized community-based health
organization committed to funding Type 1 Diabetes research; [or]
(12) any nationally recognized community-based voluntary
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health organization committed to fighting cancer which has been
in existence for at least twenty years; or
(13) any nonprofit organization as defined in section 501(c)
(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26
U.S.C. ยง 501(c)(3)) and that is registered with the Pennsylvania
Bureau of Corporations and Charitable Organizations of the
Department of State, recognized as a community-based voluntary
organization committed to fighting cancer and has been in
existence for at least five years; OR
(14) ANY COMMUNITY-BASED VOLUNTARY HEALTH ORGANIZATION IN A
COUNTY OF THE SECOND CLASS WHICH ENRICHES THE LIVES OF CHILDREN
AND YOUNG ADULTS WITH DISABILITIES AND CHRONIC ILLNESSES;
and upon payment of a fee of thirty dollars ($30) per day, the
board shall issue a wine and spirits auction permit good for a
period of not more than four consecutive or nonconsecutive days
per calendar year.
* * *
(G) ANY WINE AND SPIRITS SOLD UNDER THIS SECTION SHALL BE
PURCHASED FROM A PENNSYLVANIA LIQUOR STORE, A PENNSYLVANIA
LIMITED WINERY, LIMITED DISTILLERY OR ANY SELLER AUTHORIZED TO
SELL WINE OR 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 WINE OR SPIRITS AND
LEGALLY POSSESSES IT IN THIS COMMONWEALTH. IF THE DONATED WINE
OR SPIRITS ARE LOCATED OUTSIDE THIS COMMONWEALTH, THE DONATED
WINE OR SPIRITS MAY BE IMPORTED INTO THIS COMMONWEALTH AS GIFT
ALCOHOL, SUBJECT TO THE PROCEDURES AND FEES THE BOARD IMPOSES ON
DONATED WINE OR SPIRITS.
* * *
(I) [THE] IF THE WINE OR SPIRITS ARE PURCHASED FROM AN
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ENTITY OTHER THAN THE BOARD, THE PERMITTEE SHALL BE RESPONSIBLE
FOR PAYING TO THE BOARD AN AMOUNT EQUAL TO ALL TAXES WHICH WOULD
HAVE BEEN PAID ON SUCH WINE OR SPIRITS IF IT HAD BEEN PURCHASED
FROM A PENNSYLVANIA LIQUOR STORE, TOGETHER WITH A PROCESSING FEE
TO BE DETERMINED BY THE BOARD.
* * *
Section 2. This act shall take effect in 60 days.
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