THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GILLESPIE, BEYER, GEIST, GINGRICH, HARRIS, HENNESSEY, MILLER, MOUL, REICHLEY, SIPTROTH AND TURZAI, MARCH 18, 2009

REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 18, 2009  

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,"

further providing for distributors' and importing

distributors' restrictions on sales and storage.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 441(d) 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), is amended and the section is

amended by adding a subsection to read:

Section 441.  Distributors' and Importing Distributors'

Restrictions on Sales, Storage, Etc.--* * *

(d)  No distributor or importing distributor shall maintain

any place for the storage of malt or brewed beverages except in

the same [municipality] franchise territory in which the

licensed premises is located and unless the same has been

approved by the board. [In the event there is no place of cold

storage in the same municipality, the board may approve a place

of cold storage in the nearest municipality.]

* * *

(h)  As used in this section, the term "franchise territory"

shall mean the geographically contiguous area in which an

importing distributor has been given rights for the sale or

resale of malt or brewed beverages.

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