CHAPTER 73
TRADE AND COMMERCE
Subchapter
A. Definition of Offenses Generally
B. Sunday Trading
Enactment. Chapter 73 was added December 6, 1972, P.L.1482, No.334, effective in six months.
SUBCHAPTER A
DEFINITION OF OFFENSES GENERALLY
Sec.
7301. Distribution of samples of medicine, dyes, etc.
7302. Sale and labeling of solidified alcohol.
7303. Sale or illegal use of certain solvents and noxious substances.
7304. Illegal sale or use of certain fire extinguishers.
7305. Sale of gasoline in glass container.
7306. Incendiary devices.
7307. Out-of-state convict made goods.
7308. Unlawful advertising of insurance business.
7309. Unlawful coercion in contracting insurance.
7310. Furnishing free insurance as inducement for purchases.
7311. Unlawful collection agency practices.
7312. Debt pooling.
7313. Buying or exchanging Federal Supplemental Nutrition Assistance Program (SNAP) benefit coupons, stamps, authorization cards or access devices.
7314. Fraudulent traffic in Supplemental Nutrition Assistance Program (SNAP) benefits.
7315. Unauthorized disposition of donated food commodities.
7316. Keeping bucket-shop.
7317. Accessories in conduct of bucket-shop.
7318. Maintaining of premises in which bucket-shop operated.
7319. Bucket-shop contracts.
7320. Attaching advertisement without consent of publisher.
7321. Lie detector tests.
7322. Demanding property to secure employment.
7323. Discrimination on account of uniform.
7324. Unlawful sale of dissertations, theses and term papers.
7325. Discrimination on account of service, guide or support dog or other aid animal.
7326. Disclosure of confidential tax information.
7327. Storage, consumption and sale of alcoholic beverages on unlicensed business premises.
7328. Operation of certain establishments prohibited without local option.
7329. Prohibition of certain types of entertainment on bottle club premises.
7330. Internet child pornography (Repealed).
7331. Unlicensed mortgage loan business.
§ 7301. Distribution of samples of medicine, dyes, etc.
(a) Offense defined.--A person is guilty of a summary offense if he distributes or deposits any package, parcel, or sample of any medicine, dye, ink, or polishing compounds, in any form of preparation, upon the ground, sidewalks, porches, yards, or into or under doors or windows so that children may get possession of or secure the same.
(b) Exception.--Nothing contained in this section shall prohibit such distribution to adult persons only.
§ 7302. Sale and labeling of solidified alcohol.
(a) Sale.--A person commits a misdemeanor of the second degree if he manufactures, sells, or offers or exposes for sale, or has in his possession with intent to distribute or sell, for use as a heating fuel any mixture or preparation of solidified alcohol which contains more than 4% methyl or wood alcohol.
(b) Labeling.--A person commits a misdemeanor of the first degree if he manufactures, sells, or offers or exposes for sale, or has in his possession with intent to distribute or sell, any mixture or preparation of solidified alcohol which does not have the methyl alcohol content or wood alcohol content permanently embossed upon each individual container along with the manufacturer's name. In addition, each individual container shall have a label warning against the internal use of solidified alcohol including that it may cause blindness or death.
(Apr. 14, 1983, P.L.1, No.1, eff. 180 days)
§ 7303. Sale or illegal use of certain solvents and noxious substances.
(a) Offense defined.--No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain or nervous system, intentionally smell or inhale the fumes from any noxious substance or substance containing a solvent having the property of releasing toxic vapors or fumes.
(b) Exception.--Subsection (a) of this section shall not apply to the inhalation of any anesthesia for medical or dental purposes.
(c) Possession prohibited.--No person shall, for the purpose of violating subsection (a) of this section, use, or possess for the purpose of so using, any noxious substance or substance containing a solvent having the property of releasing toxic vapors or fumes.
(d) Sale prohibited.--No person shall sell at retail, or offer to sell, to any other person any tube or other container of any noxious substance or substance containing a solvent having the property of releasing toxic vapors or fumes, if he has reasonable cause to suspect that the product sold, or offered for sale, will be used for the purpose set forth in subsection (a) of this section.
(e) Grading.--Any person who violates any provision of this section shall be guilty of a misdemeanor of the third degree.
(f) Definition.--As used in this section, the phrase "any noxious substance or substance containing a solvent having the property of releasing toxic vapors or fumes" shall mean any substance containing one or more of the following chemical compounds: acetone, acetate, benzene, butyl alcohol, cyclohexyl nitrite, ethyl alcohol, ethylene dichloride, gaseous or liquid fluorocarbons, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, pentachlorophenol, petroleum ether, or toluene.
(Dec. 19, 1997, P.L.615, No.62, eff. imd.; Dec. 20, 2000, P.L.831, No.116, eff. 60 days)
Cross References. Section 7303 is referred to in section 5502 of Title 30 (Fish); section 3802 of Title 75 (Vehicles).
§ 7304. Illegal sale or use of certain fire extinguishers.
(a) Use prohibited.--It shall be unlawful for any building used for private, public or parochial school purposes, or any bus being used for the transportation of school children, to be equipped with or to have available for use a fire extinguisher containing carbon tetrachloride, and any person having immediate control over such buildings or buses, who permits them to be so equipped or to have such fire extinguishers available for use therein, is guilty of a summary offense.
(b) Sale prohibited.--Whoever sells any portable fire extinguisher containing carbon tetrachloride, chlorobromomethane, or methyl bromide, knowing it is intended for use in a single or multiple family dwelling or a hospital, rest-home, school, theater or other building generally open to the public, is guilty of a summary offense.
§ 7305. Sale of gasoline in glass container.
A person is guilty of a summary offense if he sells gasoline in a glass container.
§ 7306. Incendiary devices.
(a) Offense defined.--A person is guilty of a misdemeanor of the first degree if he owns, manufactures, sells, transfers, uses or possesses any incendiary device or similar device or parts thereof, including but not limited to a "molotov cocktail."
(b) Exception.--The provisions of subsection (a) of this section shall not apply to authorized personnel of the United States, the Commonwealth or any political subdivision, who use incendiary devices as part of their duties.
(c) Definition.--As used in this section the phrase "incendiary device" means any inflammable liquid enclosed in a readily breakable container that can be equipped with an igniter of any type.
§ 7307. Out-of-state convict made goods.
A person is guilty of a misdemeanor of the second degree if he sells or exchanges on the open market any goods, wares or merchandise prepared, wholly or in part, or manufactured by convicts or prisoners of other states, except convicts or prisoners on parole or probation.
§ 7308. Unlawful advertising of insurance business.
(a) Offense defined.--A person is guilty of a misdemeanor of the second degree if he publishes or prints in any newspaper, magazine, periodical, circular, letter, pamphlet, or in any other manner, or publishes by radio or television broadcasting, any advertisement or other notice, either directly or indirectly, setting forth the advantages of, or soliciting business for, any insurance company, association, society, exchange or person which has not been authorized to do business in this Commonwealth, or accepts for publication or printing in any newspaper, magazine or other periodical, or for radio or television broadcasting, any advertisement or other notice, either directly or indirectly, setting forth the advantages of or soliciting business for any insurance company, association, exchange or person, unless such newspaper, magazine or other periodical, or the radio or television broadcasting company has in its possession a true and attested or photostatic copy of a certificate of authority from the Insurance Department to the effect that the insurance company, association, society, exchange or person named therein is authorized to do business in this Commonwealth.
(b) Issue of certificate.--Such certificates shall be issued by the Insurance Department to any person applying therefor.
§ 7309. Unlawful coercion in contracting insurance.
(a) Offense defined.--A person is guilty of a misdemeanor of the first degree if he, being engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or personal property, requires, as a condition precedent to financing the purchase of such property, or to lending money upon the security of a mortgage thereon, or as a condition prerequisite for the renewal or extension of any such loan or mortgage, or for the performance of any other act in connection therewith, that the person for whom such purchase is to be financed, or to whom the money is to be loaned, or for whom such extension, renewal or other act is to be granted or performed, shall negotiate through a particular insurance company, agent or broker, any policy of insurance or renewal thereof covering such property, or, with the exception of a group creditor policy, any policy covering the life or health of such person.
(b) Exception.--This section shall prevent any person from approving or disapproving the insurance company selected to underwrite such insurance.
(c) Penalty.--A person other than individuals or the responsible officers, agents or employees of a corporation, partnership or association, who commits an offense under this section shall be sentenced to pay a fine not exceeding $1,000.
§ 7310. Furnishing free insurance as inducement for purchases.
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if he, being a manufacturer, broker, wholesaler, retailer or agent of any manufacturer, broker, wholesaler or retailer, offers any policy of insurance free of cost as an inducement to any person to purchase any real or personal property.
(b) Exception.--The provisions of this section shall not affect the right of any person who, in connection with a sale of property or services or any credit transaction, shall have, retain or acquire an insurable interest in any subject of insurance, related to such sale or transaction, including person or property or risk pertaining thereto, to procure and maintain insurance embracing any or all insurable interests in such subject, or to agree to do so, and neither such insurance nor the procurement or maintaining thereof or agreement to procure or maintain the same shall be construed to be an inducement to purchase.
§ 7311. Unlawful collection agency practices.
(a) Assignments of claims.--It is lawful for a collection agency, for the purpose of collecting or enforcing the payment thereof, to take an assignment of any such claim from a creditor, if all of the following apply:
(1) The assignment between the creditors and collection agency is in writing.
(2) The original agreement between the creditor and debtor does not prohibit assignments.
(3) The collection agency complies with the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, and with the regulations promulgated under that act.
(b) Appearance for creditor.--It is unlawful for a collection agency to appear for or represent a creditor in any manner whatsoever, but a collection agency, pursuant to subsection (a), may bring legal action on claims assigned to it and not be in violation of subsection (c) if the agency appears by an attorney.
(b.1) Unfair or deceptive collection methods.--It is unlawful for a collector to collect any amount, including any interest, fee, charge or expense incidental to the principal obligation, unless such amount is expressly provided in the agreement creating the debt or is permitted by law.
(c) Furnishing legal services.--It is unlawful for a collection agency to furnish, or offer to furnish legal services, directly or indirectly, or to offer to render or furnish such services within or without this Commonwealth. The forwarding of a claim by a collection agency to an attorney at law, for the purpose of collection, shall not constitute furnishing legal service for the purposes of this subsection.
(d) Services for debtor.--It is unlawful for a collection agency to act for, represent or undertake to render services for any debtor with regard to the proposed settlement or adjustment of the affairs of such debtor, whether such compromise, settlement, or adjustment be made through legal proceedings or otherwise, or to demand, ask for, or receive any compensation for services in connection with the settlement or collection of any claim except from the creditor for whom it has rendered lawful services.
(e) Running for attorneys.--It is unlawful for a collection agency to solicit employment for any attorney at law, whether practicing in this Commonwealth or elsewhere, or to receive from or divide with any such attorney at law any portion of any fee received by such attorney at law. This subsection does not prohibit the established custom of sharing commissions at a commonly accepted rate upon collection of claims between a collection agency and an attorney at law.
(f) Coercion or intimidation.--
(1) It is unlawful for a collection agency to coerce or intimidate any debtor by delivering or mailing any paper or document simulating, or intending to simulate, a summons, warrant, writ, or court process as a means for the collection of a claim, or to threaten legal proceedings against any debtor.
(2) Paragraph (1) of this subsection shall not prohibit:
(i) A collection agency from informing a debtor that if a claim is not paid, it will be referred to an attorney at law for such action as he may deem necessary, without naming a specific attorney.
(ii) A magisterial district judge from sending out notices to debtors before the institution of suit.
(g) Grading.--Whoever violates any of the provisions of this section is guilty of a misdemeanor of the third degree.
(h) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:
"Claim." Includes any claim, demand, account, note, or any other chose in action or liability of any kind whatsoever.
"Collection agency." A person, other than an attorney at law duly admitted to practice in any court of record in this Commonwealth, who, as a business, enforces, collects, settles, adjusts, or compromises claims, or holds himself out, or offers, as a business, to enforce, collect, settle, adjust, or compromise claims.
"Creditor." Includes a person having or asserting such a claim.
"Debtor." Includes any person against whom a claim is asserted.
(Dec. 19, 1990, P.L.1451, No.219, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (f)(2). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
1990 Amendment. Act 219 amended subsecs. (a) and (b) and added subsec. (b.1).
§ 7312. Debt pooling.
(a) Offense defined.--Any person engaged in the business of debt pooling shall be guilty of a misdemeanor of the third degree.
(b) Exceptions.--Subsection (a) of this section shall not apply to:
(1) Any person who is admitted to practice before the Supreme Court of Pennsylvania or any court of common pleas of this Commonwealth or any partnership or professional corporation all of the members or shareholders of which are so admitted.
(2) Better business bureaus, legal aid societies or welfare agencies who act without compensation or profit on behalf of debtors as debt adjusters or debt poolers.
(3) Organizations in the business of debt adjusting or debt pooling that are exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) or any successor provisions thereof.
(c) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:
"Creditor." A person to whom a debt or obligation is owed from another whether such is payable in installments or otherwise.
"Debtor." A person who owes an obligation or debt to another whether such is repayable in installments or otherwise.
"Debt pooling." The making of a contract, express or implied, with a debtor or debtors whereby the debtor agrees to pay a sum of money periodically or otherwise to another person for the purpose of having such other person distribute the same among certain specified creditors in accordance with a plan agreed upon, or to be agreed upon, and whereby such other person shall receive a consideration for any such services rendered, or to be rendered, in connection therewith.
(Dec. 18, 2007, P.L.462, No.70, eff. imd.)
2007 Amendment. Act 70 amended subsec. (b).
§ 7313. Buying or exchanging Federal Supplemental Nutrition Assistance Program (SNAP) benefit coupons, stamps, authorization cards or access devices.
(a) Offense defined.--A person commits the offense of buying or exchanging Federal SNAP benefit coupons, stamps, authorization cards or access devices if he, not being authorized to do so by the United States Department of Agriculture, buys or exchanges Federal SNAP benefit coupons, stamps, authorization cards or access devices for currency, or if he accepts or causes to be accepted Federal SNAP benefit coupons, stamps, authorization cards or access devices in exchange for any merchandise or article except food, as defined by the United States Department of Agriculture, or Federal SNAP benefit coupons, stamps, authorization cards or access devices in exchange for merchandise or articles, not defined by the United States Department of Agriculture to be surplus foods.
(b) Grading.--A person who violates this section commits a felony of the third degree if the amount involved is $1,000 or more. If the amount involved is less than $1,000, the person commits a misdemeanor of the first degree. Amounts involved in buying or exchanging Federal SNAP benefit coupons, stamps, authorization cards or access devices committed pursuant to one scheme or course of conduct, whether from the same person or several persons, shall be aggregated in determining the grade of the offense.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Access device." The Pennsylvania ACCESS card or electronic benefit transfer card.
"Authorization card." The paper authorization to participate that a person signs and then exchanges for the designated amount of food coupons at a bank.
"SNAP benefit." The value of supplemental nutrition assistance provided to a household for the purchase of eligible foods as defined in 7 CFR 271.2 (relating to definitions).
(Nov. 22, 1995, P.L.621, No.66, eff. 60 days; Oct. 24, 2018, P.L.1159, No.160, eff. 60 days)
Cross References. Section 7313 is referred to in section 5708 of this title.
§ 7314. Fraudulent traffic in Supplemental Nutrition Assistance Program (SNAP) benefits.
(a) Offense defined.--A person commits the offense of fraudulent traffic in SNAP benefits if he, whether acting for himself or for another, directly or indirectly, furnishes or delivers to any person money, merchandise, or anything other than food, on or in exchange for a SNAP benefit, or furnishes or delivers food on or in exchange for a SNAP benefit to any person, other than the original recipient of the SNAP benefit, or in quantities or for prices other than those itemized on the SNAP benefit at the time the food is furnished or delivered.
(a.1) Grading.--
(1) A person who violates this section commits:
(i) A felony of the second degree if the amount involved is $2,500 or more.
(ii) A felony of the third degree if the amount involved is $1,000 or more, but less than $2,500.
(iii) A misdemeanor of the first degree if the amount involved is less than $1,000.
(2) Amounts involved in fraudulent traffic in SNAP benefits committed pursuant to one scheme or course of conduct, whether from the same person or several persons, shall be aggregated in determining the grade of the offense.
(b) Additional penalty.--In addition to the penalties otherwise prescribed and any restitution ordered, the defendant shall also be ordered to pay to the agency which shall have issued such SNAP benefit, not less than two times, but not more than three times the amount of restitution ordered.
(b.1) Referral.--If the defendant is commercially licensed by the Commonwealth or one of its political subdivisions, the Office of State Inspector General may refer a violation of this section to the licensing entity for action by the licensing entity as provided under law.
(c) Exception.--Subsection (a) of this section shall not apply to the negotiation of a SNAP benefit after food to the full amount of the SNAP benefit shall have been furnished thereon to the original recipient of the SNAP benefit.
(d) Definition.--As used in this section, the term "SNAP benefit" means the value of supplemental nutrition assistance provided to a household for the purchase of eligible food as defined in 7 CFR 271.2 (relating to definitions).
(Nov. 22, 1995, P.L.621, No.66, eff. 60 days; Oct. 24, 2018, P.L.1159, No.160, eff. 60 days)
Cross References. Section 7314 is referred to in section 531 of Title 62 (Procurement).
§ 7315. Unauthorized disposition of donated food commodities.
A person is guilty of a summary offense if he, whether acting for himself or for another, directly or indirectly willfully makes any unauthorized disposition of any food commodity donated under any program of the Federal Government or if he, not being an authorized recipient thereof, willfully converts to his own use or benefit any such food commodity.
§ 7316. Keeping bucket-shop.
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if he keeps, or causes to be kept, any bucket-shop, or assists in the keeping of any bucket-shop.
(b) Corporate penalty.--If a corporation is convicted, its charter shall be forfeited by a proceeding in quo warranto, instituted either at the relation of the Attorney General or the district attorney.
(c) Second offense.--The continuance of the establishment after the first conviction shall be deemed a second offense.
(d) Evidence required.--It shall not be necessary, in order to convict any person of keeping a bucket-shop, or causing one to be kept, to show that such person has entered into any contract, agreement, trade, or transaction of the nature of a "bucket-shop" as defined in this section; but it shall be sufficient to show that such person has offered to make such a contract, agreement, trade, or transaction, whether the contract, agreement, trade, or transaction was accepted or not. Proof of a single instance wherein any person or another on his behalf, has made or offered to make any such contract, agreement, trade, or transaction, shall be conclusive that the place wherein the same was made is a bucket-shop.
(e) Definition.--As used in this section "bucket-shop" means a place where contracts, agreements, trades, or transactions respecting the sale or purchase of stocks, bonds, securities, grains, provisions or other commodities are made or offered to be made, to be closed, adjusted or settled upon the basis of public market quotations on a board of trade or exchange, but without a bona fide transaction on such board of trade or exchange.
Cross References. Section 7316 is referred to in sections 7317, 7318, 7319 of this title.
§ 7317. Accessories in conduct of bucket-shop.
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if he transmits or communicates by telegraph, telephone, wireless, telegraphy, express, mail, or otherwise or if he receives, exhibits, or displays, in any manner, any statement or quotation of the prices of any property, mentioned in section 7316(e) of this title (relating to definition of bucket-shop), with a view of entering into any contract, agreement, trade, or transaction, or offering to enter into any contract, agreement, trade, or transaction, or with a view of aiding others to enter or offer to enter into any such contract, agreement, trade, or transaction, of the nature described in the definition of "bucket-shop."
(b) Corporate penalty.--If a corporation is convicted, its charter shall be forfeited by a proceeding in quo warranto, instituted either at the relation of the Attorney General or the district attorney.
§ 7318. Maintaining of premises in which bucket-shop operated.
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if he knowingly permits a bucket-shop, as defined in section 7316(e) of this title (relating to definition of bucket-shop) to be maintained or operated in any premises owned, leased, controlled, or operated by him.
(b) Fine a lien.--Any fine imposed under this section shall be a lien upon the premises, in or on which the bucket-shop shall be maintained and operated.
§ 7319. Bucket-shop contracts.
(a) Status of contracts.--All contracts, agreements, trades, or transactions of the nature of a bucket-shop as defined in section 7316(e) of this title (relating to definition of bucket-shop), are hereby declared gambling, and criminal acts, and null and void.
(b) Offense defined.--A person is guilty of a misdemeanor of the third degree if he shall enter into the same, whether for himself or as agent or broker of any person.
§ 7320. Attaching advertisement without consent of publisher.
A person is guilty of a summary offense if he places or affixes or inserts, or causes to be placed or affixed or inserted, any advertisement, notice, circular, pamphlet, card, handbill, book, booklet, or other printed notice of any kind, on or in or to any newspaper, magazine, periodical, or book, when such newspaper, magazine, periodical, or book is in the possession of the owner, or publisher thereof, or in the possession of any news dealer, distributor, or carrier, or of any agent or servant of such owner or publisher, without the consent of the owner or publisher.
§ 7321. Lie detector tests.
(a) Offense defined.--A person is guilty of a misdemeanor of the second degree if he requires as a condition for employment or continuation of employment that an employee or other individual shall take a polygraph test or any form of a mechanical or electrical lie detector test.
(b) Exception.--The provisions of subsection (a) of this section shall not apply to employees or other individuals in the field of public law enforcement or who dispense or have access to narcotics or dangerous drugs.
§ 7322. Demanding property to secure employment.
A person is guilty of a misdemeanor of the third degree if he, being an officer or employee of any employer of labor, solicits, demands or receives, directly or indirectly, from any person any money or other valuable thing, for the purpose, actual or alleged, of either obtaining for such person employment in the service of said employer or of the continuing of such person in employment.
§ 7323. Discrimination on account of uniform.
A person is guilty of a misdemeanor of the second degree if, being the proprietor, manager, or employee of a theatre, hotel, restaurant, or other place of public entertainment or amusement, he discriminates against any person wearing the uniform of the armed forces of the United States, because of that uniform.
§ 7324. Unlawful sale of dissertations, theses and term papers.
(a) Definitions.--As used in this section:
(1) "Assignment" means any specific written, recorded, pictorial, artistic, or other academic task that is intended for submission to any university, academy, school or other educational institution which is chartered, incorporated, licensed, registered or supervised by the Commonwealth, in fulfillment of the requirements of a degree, diploma, certificate or course of study at any such institution.
(2) "Prepare" means to create, write, or in any way produce in whole or substantial part, a term paper, thesis, dissertation, essay, report or other written, recorded, pictorial, artistic or other assignment for a fee.
(b) Sale of assistance to student.--No person shall sell or offer for sale to any student enrolled in a university, college, academy, school or other educational institution within the Commonwealth of Pennsylvania any assistance in the preparation, research or writing of a dissertation, thesis, term paper, essay, report or other written assignment knowing, or under the circumstances having reason to know, that said assignment is intended for submission either in whole or substantial part under said student's name to such educational institution in fulfillment of the requirements for a degree, diploma, certificate or course of study.
(c) Sale or distribution of assignment to student.--No person shall sell or offer for distribution any dissertation, thesis, term paper, essay, report or other written assignment to any student enrolled in a university, college, academy, school or any other institution within the Commonwealth of Pennsylvania knowing, or under the circumstances having reason to know, that said assignment is intended for submission either in whole or substantial part under said student's name to such educational institution in fulfillment of the requirement for a degree, diploma, certificate or course of study.
(d) Sale or distribution for sale to student.--No person shall sell or offer for distribution any dissertation, thesis, term paper, essay, report or other written assignment to any person who, sells or offers for sale any such dissertation, thesis, term paper, essay, report or other written assignment to any student enrolled in a university, college, academy, school or other educational institution within the Commonwealth of Pennsylvania knowing, or under the circumstances having reason to know, that said assignment is intended for submission either in whole or substantial part under said student's name to such educational institution in fulfillment of the requirements for a degree, diploma, certificate or course of study.
(e) Authorized activities and services.--Nothing herein contained shall prevent such educational institution or any member of its faculty or staff, from offering courses, instruction, counseling or tutoring for research or writing as part of a curriculum or other program conducted by such educational institution. Nor shall this section prevent any educational institution or any member of its faculty or staff from authorizing students to use statistical, computer, or any other services which may be required or permitted by such educational institution in the preparation, research or writing of a dissertation, thesis, term paper, essay, report or other written assignment. Nor shall this section prevent tutorial assistance rendered by other persons which does not include the preparation, research or writing of a dissertation, thesis, term paper, essay, report or other written assignment knowing, or under the circumstances having reason to know, that said assignment is intended for submission either in whole or substantial part under said student's name to such educational institution in fulfillment of the requirements for a degree, diploma, certificate or course of study. Nor shall any person be prevented by the provisions of this section from rendering services for a fee which shall be limited to the typing, transcription or reproduction of a manuscript.
(f) Authorized sale of copyrighted material.--Nothing contained within this section shall prevent any person from selling or offering for sale a publication or other written material which shall have been registered under the United States Laws of Copyright: Provided, however, That the owner of such copyright shall have given his authorization or approval for such sale: And, provided further, That said person shall not know or under the circumstances have reason to know that said assignment is intended for submission either in whole, or substantial part, under a student's name as a dissertation, thesis, term paper, essay, report or other written assignment to such educational institution within the Commonwealth of Pennsylvania in fulfillment of the requirements for a degree, diploma, certificate or course of study.
(g) Grading.--Any person who violates the provisions of this section shall be guilty of a misdemeanor of the third degree.
(h) Injunction.--Whenever there shall be a violation of this section an application also may be made by the Attorney General in the name of the people of the Commonwealth of Pennsylvania to a court having jurisdiction to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by such court, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In connection with any such proposed application, the Attorney General is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the laws and rules of civil procedure.
(July 27, 1973, P.L.226, No.58, eff. imd.)
1973 Amendment. Act 58 added section 7324.
§ 7325. Discrimination on account of service, guide or support dog or other aid animal.
(a) Offense defined.--A person is guilty of a summary offense if he, being the proprietor, manager or employee of a theatre, hotel, restaurant or other place of public accommodation, entertainment or amusement, refuses, withholds or denies any person, who is using a service, guide or support dog or other aid animal to assist an individual with a disability or who is training a service, guide or support dog or other aid animal for an individual with a disability, the use of or access to any accommodation, advantage, facility or privilege of such theatre, hotel, restaurant or other place of public entertainment or amusement.
(b) Definition.--As used in this section, the term "service, guide or support dog" shall have the same meaning given it under section 5531 (relating to definitions).
(Dec. 18, 1980, P.L.1251, No.227, eff. 60 days; May 12, 1982, P.L.416, No.121, eff. imd.; May 31, 1990, P.L.219, No.47, eff. 60 days; Oct. 18, 2000, P.L.605, No.80, eff. 60 days; Oct. 24, 2018, P.L.685, No.104, eff. 60 days)
§ 7326. Disclosure of confidential tax information.
(a) Offense defined.--A person commits a misdemeanor of the third degree if he discloses, except to authorized persons for official governmental purposes, any tax information that is:
(1) designated as confidential by a statute or ordinance of a city of the second class; and
(2) obtained by him in conjunction with any declaration, return, audit, hearing or verification required or authorized by statute or ordinance.
(b) Exception.--Subsection (a) shall not apply where disclosure is required by law or by court order.
(c) Definition.--As used in this section, the term "person" includes, but is not limited to, a current or former officer or employee of the Commonwealth or any of its political subdivisions and any other individual who has access to confidential tax information.
(Dec. 19, 1990, P.L.1332, No.207, eff. imd.; Dec. 19, 1990, P.L.1451, No.219, eff. imd.)
1990 Amendments. Acts 207 and 219 added section 7326. The amendments by Acts 207 and 219 are identical.
§ 7327. Storage, consumption and sale of alcoholic beverages on unlicensed business premises.
(a) Storage.--A person commits a summary offense if he stores or permits storage by others of liquor or malt or brewed beverages for the purpose of consumption between the hours of 2 a.m. and 8 a.m. on business premises owned, operated, leased or controlled by such person which are not licensed under the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.
(b) Consumption.--A person commits a summary offense if he allows another to consume liquor or malt or brewed beverages, after payment of an entry fee, cover charge or membership fee, between the hours of 2 a.m. and 8 a.m. on business premises owned, operated, leased or controlled by such person which are not licensed under the Liquor Code.
(c) Sale.--A person commits a summary offense if he sells or offers to sell any liquor or malt or brewed beverages between the hours of 2 a.m. and 8 a.m. on business premises owned, operated, leased or controlled by such person which are not licensed under the Liquor Code.
(Dec. 19, 1990, P.L.1451, No.219, eff. imd.)
1990 Amendment. Act 219 added section 7327.
§ 7328. Operation of certain establishments prohibited without local option.
(a) Offense defined.--A person commits a misdemeanor of the third degree if that person operates an establishment commonly referred to as a bottle club in a municipality or part of a split municipality where the operation of such establishments has been disapproved by the voters in accordance with subsection (b). The provisions of this subsection shall not apply to the first 30-day time period following the adoption of the disapproval referendum under subsection (b).
(b) Local option; election to be held.--
(1) In any municipality or any part of a municipality where such municipality is split so that each part is separated by another municipality, an election may be held on the date of the primary election immediately preceding any general or municipal election, but not more than once in four years, to determine the will of the electors with respect to prohibiting the operation, within the limits of the municipality or part of a split municipality, of establishments commonly referred to as bottle clubs. Where an election shall have been held at the primary election preceding a general or municipal election in any year, another election may be held under the provisions of this subsection at the primary election occurring the fourth year after such prior election. Whenever electors equal to at least 25% of the highest vote cast for any office in the municipality or part of a split municipality at the last preceding general election shall file a petition with the county board of elections of the county, or the governing body of the municipality adopts by majority vote a resolution to place the question on the ballot and a copy of the resolution is filed with the board of elections of the county, for a referendum on the question of prohibiting the operation of establishments commonly referred to as bottle clubs, the said county board of elections shall cause a question to be placed on the ballot or on the voting machine board and submitted at the primary election immediately preceding the general or municipal election. The question shall be in the following form:
Do you favor the prohibition of the operation of establishments, commonly referred to as bottle clubs in of ?
(2) In the case of a tie vote, the status quo shall obtain. If a majority of the electors voting on the question votes "yes," then an establishment commonly referred to as a bottle club shall not be operated in the municipality or part of a split municipality after 30 days from the certification of the vote on the question, but, if a majority of the electors voting on the question votes "no," then the operation of these establishments shall be permitted in the municipality or part of a split municipality unless and until at a later election a majority of the voting electors votes "yes" on the question.
(3) Proceedings under this subsection shall be in accordance with the provisions of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.
(c) Definition.--As used in this section, the term "bottle club" means an establishment operated for profit or pecuniary gain, which admits patrons upon the payment of a fee, has a capacity for the assemblage of 20 or more persons, and in which alcoholic liquors, alcohol or malt or brewed beverages are not legally sold but where alcoholic liquors, alcohol or malt or brewed beverages are either provided by the operator or agents or employees of the operator for consumption on the premises or are brought into or kept at the establishment by the patrons or persons assembling there for use and consumption. The term shall not include a licensee under the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, or any organization as set forth in section 6 of the act of December 19, 1990 (P.L.1200, No.202), known as the Solicitation of Funds for Charitable Purposes Act.
(Nov. 22, 1995, P.L.621, No.66, eff. imd.)
1995 Amendment. Act 66 added section 7328.
§ 7329. Prohibition of certain types of entertainment on bottle club premises.
(a) Offense defined.--No bottle club operator or servants, agents or employees of the same shall knowingly permit on premises used as a bottle club or in any place operated in connection therewith any lewd, immoral or improper entertainment.
(b) Penalty for violation.--Any person who violates subsection (a) commits a summary offense.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Bottle club." An establishment operated for profit or pecuniary gain, which has a capacity for the assemblage of 20 or more persons and in which alcoholic liquors, alcohol or malt or brewed beverages are not legally sold but where alcoholic liquors, alcohol or malt or brewed beverages are either provided by the operator or agents or employees of the operator for consumption on the premises or are brought into or kept at the establishment by the patrons or persons assembling there for use and consumption. The term shall not include a licensee under the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, or any organization as set forth in section 6 of the act of December 19, 1990 (P.L.1200, No.202), known as the Solicitation of Funds for Charitable Purposes Act.
"Lewd, immoral or improper entertainment." Includes, but is not limited to, the following acts of conduct:
(1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or excretion or any sexual acts which are prohibited by law.
(2) Any person being touched, caressed or fondled on the buttocks, anus, vulva, genitals or female breasts. This paragraph includes simulation.
(3) Scenes wherein a person displays or exposes to view any portion of the pubic area, anus, cleft of the buttocks, vulva, genitals or any portion of the female breast directly or laterally below the top of the areola. This paragraph includes simulation.
(4) Scenes wherein artificial devices or inanimate objects are employed to portray any of the prohibited activities described in paragraph (1), (2) or (3).
(5) Employment or use of any person in the sale and service of alcoholic beverages while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the anatomy described in paragraph (3).
(6) Employment or use of the services of a person while the person is unclothed or in such attire as to expose to view any portion of the anatomy described in paragraph (3).
(7) Permitting any person on the premises to touch, caress or fondle the buttocks, anus, vulva, genitals or female breasts of any other person.
(8) Permitting any person on the premises while such person is unclothed or in such attire as to expose to view any portion of the anatomy described in paragraph (3).
(9) Permitting any person to wear or use any device or covering exposed to view which simulates the human buttocks, anus, vulva, genitals or female breasts.
(10) Permitting any person to show, display or exhibit on the premises any film, still picture, electronic reproduction or any other visual reproduction or image the content of which primarily depicts graphic sexual acts as described in paragraphs (1) and (4).
(Feb. 23, 1996, P.L.17, No.7, eff. 60 days; Dec. 18, 1996, P.L.1074, No.160, eff. 60 days)
1996 Amendments. Act 7 added section 7329 and Act 160 amended subsec. (c).
§ 7330. Internet child pornography (Repealed).
2002 Repeal. Section 7330 was repealed December 16, 2002 (P.L.1953, No.226), effective in 60 days.
§ 7331. Unlicensed mortgage loan business.
A person that operates without a license in violation of 7 Pa.C.S. § 6111 (relating to license requirements) commits a felony of the third degree.
(July 8, 2008, P.L.796, No.56, eff. 120 days)
2008 Amendment. Act 56 added section 7331.
SUBCHAPTER B
SUNDAY TRADING
Sec.
7361. Worldly employment or business.
7362. Trading in motor vehicles and trailers (Repealed).
7363. Selling certain personal property.
7364. Selling or otherwise dealing in fresh meats, produce and groceries.
7365. Trading in motor vehicles and trailers.
Constitutionality. Subchapter B (§§ 7361 - 7364) was declared unconstitutional on October 5, 1978, by the Supreme Court of Pennsylvania in Kroger Co. v. O'Hara Township, 481 Pa. 101, 392 A.2d 266 (1978).
§ 7361. Worldly employment or business.
(a) Offense defined.--A person is guilty of a summary offense if he does or performs any worldly employment or business whatsoever on Sunday (works of necessity, charity and wholesome recreation excepted).
(b) Exception.--Subsection (a) of this section shall not prohibit:
(1) The dressing of victuals in private families, bake-houses, lodginghouses, inns and other houses of entertainment for the use of sojourners, travellers or strangers.
(2) The sale of newspapers.
(3) Watermen from landing their passengers, or ferrymen from carrying over the water travellers.
(4) Work in connection with the rendering of service by a public utility as defined in the Public Utility Law.
(5) Persons removing with their families.
(6) The delivery of milk or the necessaries of life, before nine o'clock antemeridian, nor after five o'clock postmeridian.
(7) The production and performance of drama and civic light opera for an admission charge by nonprofit corporations in cities of the second class, between the hours of two o'clock postmeridian and 12 o'clock midnight.
(8) The conducting, staging, managing, operating, performing or engaging in basketball, ice shows and ice hockey for an admission charge in cities of the first and second class, between the hours of two o'clock postmeridian and 12 o'clock midnight.
(c) Definition.--As used in this section "wholesome recreation" means golf, tennis, boating, swimming, bowling, basketball, picnicking, shooting at inanimate targets and similar healthful or recreational exercises and activities.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Repeal. Act 53 repealed the last sentence of subsec. (a). The repealed provisions have been deleted from the text.
Constitutionality. Section 7361 was declared unconstitutional on October 5, 1978, by the Supreme Court of Pennsylvania in Kroger Co. v. O'Hara Township, 481 Pa. 101, 392 A.2d 266 (1978).
References in Text. The Public Utility Law, referred to in subsection (b), was repealed by the act of July 1, 1978 (P.L.598, No.116). The subject matter is now contained in Part I of Title 66 (Public Utilities).
Cross References. Section 7361 is referred to in section 3571 of Title 42 (Judiciary and Judicial Procedure).
§ 7362. Trading in motor vehicles and trailers (Repealed).
1979 Repeal. Section 7362 was repealed December 7, 1979 (P.L.487, No.103), effective in 60 days. The subject matter is now contained in section 7365 of this title.
Constitutionality. Section 7362 was declared unconstitutional on October 5, 1978, by the Supreme Court of Pennsylvania in Kroger Co. v. O'Hara Township, 481 Pa. 101, 392 A.2d 266 (1978).
§ 7363. Selling certain personal property.
(a) Offense defined.--A person is guilty of a summary offense if he engages on Sunday in the business of selling, or sells or offers for sale, on such day, at retail, clothing and wearing apparel, clothing accessories, furniture, housewares, home, business or office furnishings, household, business or office appliances, hardware, tools, paints, building and lumber supply materials, jewelry, silverware, watches, clocks, luggage, musical instruments and recordings, or toys.
(b) Separate offenses.--Each separate sale or offer to sell shall constitute a separate offense.
(c) Exceptions.--
(1) Subsection (a) of this section shall not apply to novelties, souvenirs and antiques.
(2) No individual who by reason of his religious conviction observes a day other than Sunday as his day of rest and actually refrains from labor or secular business on that day shall be prohibited from selling on Sunday in a business establishment which is closed on such other day the articles specified in subsection (a) of this section.
(d) Limitation of action.--Information charging violations of this section shall be brought within 72 hours after the commission of the alleged offense and not thereafter.
(e) Repeated offense penalty.--A person who commits a second or any subsequent offense within one year after conviction for the first offense shall be sentenced to pay a fine of not exceeding $200.
(f) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:
"A day other than Sunday." Any consecutive 24 hour period.
"Antique." An item over 100 years old, or ethnographic objects made in traditional aboriginal styles and made at least 50 years prior to their sale.
Constitutionality. Section 7363 was declared unconstitutional on October 5, 1978, by the Supreme Court of Pennsylvania in Kroger Co. v. O'Hara Township, 481 Pa. 101, 392 A.2d 266 (1978).
§ 7364. Selling or otherwise dealing in fresh meats, produce and groceries.
(a) Offense defined.--A person is guilty of a summary offense if he engages in the business of selling or otherwise dealing at retail in fresh meats, produce and groceries on Sunday.
(b) Separate offenses.--Each separate sale, or offer to sell, shall constitute a separate offense.
(c) Exceptions.--Subsection (a) of this section shall not apply to any retail establishment:
(1) employing less than ten persons;
(2) where fresh meats, produce and groceries are offered so sold by the proprietor or members of his immediate family; or
(3) where food is prepared on the premises for human consumption.
(d) Limitation of action.--Information charging violations of this section shall be brought within 72 hours after the commission of the alleged offense and not thereafter.
(e) Repeated offense penalty.--A person who commits a second or any subsequent offense within one year after conviction for the first offense shall be sentenced to pay a fine not exceeding $200.
Constitutionality. Section 7364 was declared unconstitutional on October 5, 1978, by the Supreme Court of Pennsylvania in Kroger Co. v. O'Hara Township, 481 Pa. 101, 392 A.2d 266 (1978).
§ 7365. Trading in motor vehicles and trailers.
(a) Offense defined.--A person is guilty of a summary offense if he engages in the business of buying, selling, exchanging, trading, or otherwise dealing in new or used motor vehicles or trailers, on Sunday.
(b) Repeated offense penalty.--A person who commits a second or any subsequent offense within one year after conviction for the first offense, shall be sentenced to pay a fine not exceeding $200.
(c) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:
"Motor vehicle." Every self-propelled device in, upon or by which any person or property is or may be transported or drawn on a public highway.
"Trailer." Every vehicle, without motor power, designed to carry property or passengers or designed and used exclusively for living quarters wholly on its own structure, and to be drawn by a motor vehicle.
(Dec. 7, 1979, P.L.487, No.103, eff. 60 days)
2011 Partial Repeal. Section 5(2) of Act 65 provided that section 7365 is repealed insofar as it relates to motorcycles.
1979 Amendment. Act 103 added section 7365.