PRINTER'S NO. 28
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
39
Session of
2023
INTRODUCED BY MUSTELLO, CIRESI, JAMES, KEEFER, LEADBETER, MOUL,
ROWE AND OBERLANDER, MARCH 7, 2023
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 7, 2023
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
Pennsylvania Liquor Stores, further providing for sales by
Pennsylvania Liquor Stores; and, in licenses and regulations
and liquor, alcohol and malt and brewed beverages, further
providing for malt and brewed beverages manufacturers',
distributors' and importing distributors' licenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 305(b) and 431(a.2) of the act of April
12, 1951 (P.L.90, No.21), known as the Liquor Code, are amended
to read:
Section 305. Sales by Pennsylvania Liquor Stores.--* * *
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(b) Every Pennsylvania Liquor Store shall sell liquors at
wholesale to hotels, restaurants, clubs, and railroad, pullman
and steamship companies licensed under this act; and, under the
regulations of the board, to pharmacists duly licensed and
registered under the laws of the Commonwealth, and to
manufacturing pharmacists, and to reputable hospitals approved
by the board, or chemists. Sales to licensees and holders of a
brewery license shall be made at a price that includes a
discount of ten per centum from the retail price; except that
special order sales to licensees authorized in subsection (a)
shall not be subject to the ten per centum discount. The board
may sell to registered pharmacists only such liquors as conform
to the Pharmacopoeia of the United States, the National
Formulary, or the American Homeopathic Pharmacopoeia. The board
may sell at special prices under the regulations of the board,
to United States Armed Forces facilities which are located on
United States Armed Forces installations and are conducted
pursuant to the authority and regulations of the United States
Armed Forces. All other sales by such stores shall be at retail,
except that incentives, such as coupons or discounts on certain
products, may be offered to unlicensed customers of the board as
provided under sections 207(m) and 493(24)(ii)(B). A person
entitled to purchase liquor at wholesale prices may purchase the
liquor at any Pennsylvania Liquor Store upon tendering cash,
check or credit card for the full amount of the purchase. For
this purpose, the board shall issue a discount card to each
licensee identifying such licensee as a person authorized to
purchase liquor at wholesale prices. Such discount card shall be
retained by the licensee. The board may contract through the
Commonwealth bidding process for delivery to wholesale licensees
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at the expense of the licensee receiving the delivery.
* * *
Section 431. Malt and Brewed Beverages Manufacturers',
Distributors' and Importing Distributors' Licenses.--* * *
(a.2) The board shall issue to a holder of a manufacturer's
license no more than [two] five storage licenses per
manufacturer to cover storage facilities separate from the
location of the manufacturing facility. A manufacturer may use
its storage facilities to receive, store, repackage, sell and
distribute malt or brewed beverages in the same manner as it can
at its place of manufacture or it may rent, lease or otherwise
acquire space from an importing distributor or bailee for hire
authorized by this act in the same manner as an out of State
manufacturer as set forth in subsection (a.1). A separate
written application must be filed to acquire storage licenses,
and the board is empowered to establish what information must be
provided on that application. Nothing in this act authorizing
off-site storage facilities for manufacturers is intended to
make any change in the manner malt or brewed beverages are
distributed through the three-tier system.
* * *
Section 2. This act shall take effect in 60 days.
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