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PRINTER'S NO. 1307
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
916
Session of
2019
INTRODUCED BY STEFANO, MENSCH AND PITTMAN, OCTOBER 24, 2019
REFERRED TO LAW AND JUSTICE, OCTOBER 24, 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, providing for spirits expanded 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, is amended by adding a section to read:
Section 431.2. Spirits Expanded Permits.--(a) The board
shall issue spirits expanded permits in accordance with the
following:
(1) A spirits expanded permit shall be issued to a person
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holding and possessing a valid distributor license.
(2) Nothing in this section may affect the ability of an
existing distributor to operate within the scope of its current
license as authorized by this act, except that no sales of
spirits for off-premises consumption may take place by a spirits
expanded permit holder after eleven o'clock postmeridian of any
day until the licensee's permitted hours of operation under
section 492.1(b)(2) of the next day.
(3) A spirits expanded permit may not be issued to a
distributor whose underlying license is subject to a pending
objection by the Director of the Bureau of Licensing or the
board under section 470(a.1), until the matter is decided, so
long as the underlying license is authorized to operate.
Notwithstanding any other provision of law, a holder of a
spirits expanded permit may continue to operate under the permit
if its underlying license is objected to by the Director of the
Bureau of Licensing or the board under section 470(a.1), until
the matter is decided.
(4) If the board has approved the operation of another
business which has an inside passage or communication to or with
the licensed premises, the sale and purchase of spirits shall be
confined strictly to the premises in a specifically designated
area covered by the license. The purchase of goods obtained from
the unlicensed area of the premises shall be permitted in the
licensed area.
(5) For purposes of selling spirits for off-premises
consumption, a holder of a spirits expanded permit is not
subject to section 493(14).
(6) A spirits expanded permit holder shall comply with the
responsible alcohol management provisions under section 471.1.
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(7) A spirits expanded permit holder may store spirits in a
noncontiguous area that is not accessible to the public and is:
(i) locked at all times when not being accessed by the
licensees' employes;
(ii) not accessible to employes under eighteen years of age;
and
(iii) identified by dimensions and locations on forms
submitted to the board.
(8) A spirits expanded permit holder shall utilize a
transaction scan device to verify the age of an individual who
appears to be under thirty-five years of age before making a
sale of spirits. A spirits expanded permit holder may not sell
or share data from the use of a transaction scan device,
provided that the licensee may use the data to show the
enforcement bureau that the licensee is in compliance with this
act. As used in this paragraph, the term "transaction scan
device" means a device capable of deciphering, in an
electronically readable format, the information encoded on the
magnetic strip or bar code of an identification card under
section 495(a).
(9) A sale of spirits by a spirits expanded permit holder
shall be made through a register that is well designated with
signage, is staffed at all times, including by a sales clerk who
is at least eighteen years of age and has been trained under
section 471.1, and utilizes a transaction scan device for the
sale. The sale of spirits may not occur at a point of sale where
the customer scans the customer's own purchases.
(b) The application and renewal fee for a spirits expanded
permit shall be as follows:
(1) For a spirits expanded permit issued to licensees, an
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initial application fee of two thousand dollars ($2,000).
(2) An annual renewal fee equal to two per centum (2%) of
the cost of spirits purchased from the board for off-premises
consumption.
(c) Notwithstanding the provisions of section 802, all fees
paid to the board under this section shall be paid into the
State Treasury for deposit as follows:
(1) All moneys shall be deposited in The State Stores Fund.
(2) Every June 1, all moneys deposited under paragraph (1)
shall be transferred to the General Fund.
(d) Spirits expanded permit holders shall comply with the
provisions of section 201(f), (k) and (o) of the act of March 4,
1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971,"
regarding the purchase of spirits from a Pennsylvania Liquor
Store.
(e) The sale of spirits by a spirits expanded permit holder
shall be considered a "purchase at retail" under section 201(f)
of the "Tax Reform Code of 1971," a "sale at retail" under
section 201(k) of the "Tax Reform Code of 1971" or a "use" under
section 201(o) of the "Tax Reform Code of 1971."
(f) A spirits expanded permit holder may not sell a spirit
product for off-premises consumption at a price less than the
licensee's purchase price from the board of the spirit product.
(g) A spirits expanded permit holder may not sell a private
label product.
Section 2. This act shall take effect in 60 days.
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