Trial Engrossment of Amendment A02195 to House Bill 1196 P.N. 1726, Regular Session 2015-2016

A02195

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1196

Session of

2015

INTRODUCED BY PETRI, MAY 13, 2015

AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 8, 2015

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "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

preliminary provisions, further providing for definitions;

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 and for unlawful acts relative to

liquor, alcohol and liquor licensees.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 431(d)(2) of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, reenacted and amended

June 29, 1987 (P.L.32, No.14) and amended December 20, 1996

(P.L.1513, No.196), is amended to read:

Section 1. The definitions of "alcohol," "denatured alcohol"

and "liquor" in section 102 of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, reenacted and amended

June 29, 1987 (P.L.32, No.14), are amended and the section is

amended by adding a definition to read:

Section 102. Definitions.--The following words or phrases,

unless the context clearly indicates otherwise, shall have the

meanings ascribed to them in this section:

"Alcohol" shall mean ethyl alcohol of any degree of proof

originally produced by the distillation of any fermented liquid,

whether rectified or diluted with or without water, whatever may

be the origin thereof, and shall include powdered or crystalline

alcohol and synthetic ethyl alcohol, but shall not mean or

include ethyl alcohol, whether or not diluted, that has been

denatured or otherwise rendered unfit for beverage purposes.

* * *

"Denatured alcohol" shall mean and include all alcohol or any

compound thereof which by the admixture of such denaturing

material or materials is rendered unfit for use as a beverage.

The term shall not include powdered or crystalline alcohol.

* * *

"Liquor" shall mean and include any alcoholic, spirituous,

vinous, fermented or other alcoholic beverage, powdered or

crystalline alcohol, or combination of liquors and mixed liquor

a part of which is spirituous, vinous, fermented or otherwise

alcoholic, including all drinks or drinkable liquids,

preparations or mixtures, and reused, recovered or redistilled

denatured alcohol usable or taxable for beverage purposes which

contain more than one-half of one per cent of alcohol by volume,

except pure ethyl alcohol and malt or brewed beverages.

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* * *

"Powdered or crystalline alcohol" shall mean a powdered or

crystalline product prepared or sold for either direct use or

reconstitution for human consumption that contains any amount of

alcohol when hydrolyzed.

* * *

Section 2. Section 431(d)(2) of the act, amended December

20, 1996 (P.L.1513, No.196), is amended to read:

Section 431. Malt and Brewed Beverages Manufacturers',

Distributors' and Importing Distributors' Licenses.--* * *

(d) * * *

(2) After January 1, 1980, no manufacturer shall enter into

any agreement with more than one distributor or importing

distributor for the purpose of establishing more than one

agreement for designated brand or brands of malt or brewed

beverages in any one territory. Each franchise territory which

is granted by a manufacturer shall be geographically contiguous.

All importing distributors shall maintain sufficient records to

evidence compliance of this section. With regard to any

territorial distribution authority granted to an importing

distributor by a manufacturer of malt or brewed beverages after

January 1, 1996, the records shall establish that each and every

case of a brand of malt or brewed beverages for which the

importing distributor is assigned was sold, resold, stored,

delivered or transported by the importing distributor, either

from a point or to a point with the assigned geographically

contiguous territory, to any person or persons, whether such

person or persons are licensed by this act or not licensed by

this act. As used in this paragraph, the term "geographically

contiguous area" shall include two district DISTINCT areas which

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are separated by no more than five miles at the closest point.

* * *

Section 3. Section 491 of the act is amended by adding a

paragraph to read:

Section 491. Unlawful Acts Relative to Liquor, Alcohol and

Liquor Licensees.--

It shall be unlawful--

* * *

(15) Possession, purchase, sale or use of powdered or

crystalline alcohol. For any person to possess, purchase, sell,

offer to sell or use powdered or crystalline alcohol. This

paragraph shall not apply to commercial or industrial use

specifically approved by State law, a hospital that operates

primarily for the purpose of conducting scientific research, a

State institution conducting bona fide research, a private

college or university conducting bona fide research or a

pharmaceutical company conducting bona fide research.

Section 2 4. This act shall take effect in 60 days.

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