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03/29/2024 05:54 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20210&cosponId=37591
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Senate of Pennsylvania
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: July 27, 2022 04:13 PM
From: Senator Chris Gebhard
To: All Senate members
Subject: Beer and Malt Beverage Delivery Fix
 
In the near future, I plan to introduce legislation that will attempt to address the issue of slow or missed deliveries of beer and malt beverages to our bars and taverns. Currently, some wholesalers are missing scheduled deliveries due to supply chain and labor shortages. Unfortunately, this leaves our local establishments in a precarious position.  They cannot continue operating the business while running out of supplies and losing out on sales, but they are prohibited from purchasing from local beer distributors.
 
We need a temporary solution to allow our taverns and restaurants to rectify this supply chain issue.  A summary of my proposed legislation is as follows:
 
  1. Licensee must pick up an order from an importing distributor within 48 hours of not receiving agreed to delivery time by their regular distributor.
  2. The purchase can be no more than 21 cases or 3 kegs.
  3. If this is abused licensee will face the penalties in section 494.
  4. Sets penalties using existing law in section 494 which is:
    1. Person in violation of the provisions in the amendment shall be guilty of a misdemeanor
    2. If convicted, owner is fined not less than $100 and not more than $500.
    3. If payment is not made, owner can face prison from one to three months.
    4. For repeated violations, fines will be set at $300 and no more than $500 and jail time of 3 months to a year.
    5. License can be suspended or revoked.
 
There has been some concern that this legislation would interfere with union contracts, but we have added language that clearly states this shall not interfere with labor agreements and it is to sunset on December 31, 2026 where it will be re-evaluated or the law will end.
 
I hope you will join me in supporting this important legislation.