PRINTER'S NO. 1395
No. 1139 Session of 1999
INTRODUCED BY DENT, GREENLEAF, COSTA, KUKOVICH, EARLL, O'PAKE,
MURPHY, HART, LEMMOND, WOZNIAK AND BOSCOLA, OCTOBER 14, 1999
REFERRED TO LAW AND JUSTICE, OCTOBER 14, 1999
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2 reenacted, "An act relating to alcoholic liquors, alcohol and
3 malt and brewed beverages; amending, revising, consolidating
4 and changing the laws relating thereto; regulating and
5 restricting the manufacture, purchase, sale, possession,
6 consumption, importation, transportation, furnishing, holding
7 in bond, holding in storage, traffic in and use of alcoholic
8 liquors, alcohol and malt and brewed beverages and the
9 persons engaged or employed therein; defining the powers and
10 duties of the Pennsylvania Liquor Control Board; providing
11 for the establishment and operation of State liquor stores,
12 for the payment of certain license fees to the respective
13 municipalities and townships, for the abatement of certain
14 nuisances and, in certain cases, for search and seizure
15 without warrant; prescribing penalties and forfeitures;
16 providing for local option, and repealing existing laws,"
17 further providing for wine auction permits.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 408.12 of the act of April 12, 1951
21 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
22 June 29, 1987 (P.L.32, No.14), and amended or added July 1, 1994
23 (P.L.402, No.61) and June 18, 1998 (P.L.664, No.86), is amended
24 to read:
25 Section 408.12. Wine Auction Permits.--(a) Upon application
1 of any nonprofit public television station which is a member of
2 the Pennsylvania Public Television Network, any orchestra
3 located in a county of the first [or], second or third class
4 which is operated by a nonprofit corporation, any museum located
5 in a county of the first [or], second or third class which is
6 operated by a nonprofit corporation or any nonprofit corporation
7 located in any county of the third class which trains and places
8 dogs for people who are physically handicapped and upon payment
9 of a fee of thirty dollars ($30) per day, the board shall issue
10 a wine auction permit good for a period of not more than four
11 consecutive or nonconsecutive days per calendar year.
12 (b) Subject to clause (1) of section 493 of this act, such
13 wine auction permit shall authorize the permittee to sell, by
14 auction, wine by the bottle or case to any person on any day for
15 which the permit is issued, provided, however, that such permit
16 shall only be issued in any city, borough, incorporated town or
17 township in which the sale of liquor and/or malt or brewed
18 beverages has been approved by the electorate. Any wine
19 purchased under this section shall not be consumed at the place
20 of purchase.
21 (c) The wine auction permit shall only be valid for the
22 number of days stated in the permit.
23 (d) Wine auction permits shall only be issued for use at an
24 event which is used by the permittee as a means of raising funds
25 for its operation.
26 (e) The hours during which the holder of a wine auction
27 permit may sell wine shall be limited to the hours set forth in
28 section 406 of this act which are applicable to hotel and
29 restaurant licensees, provided, however, that wine auction
30 permittees may sell wine on Sunday between the hours of seven
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1 o'clock antemeridian and until two o'clock antemeridian Monday.
2 (f) Wine auction permits may be issued for sales on premises
3 which are either licensed or unlicensed under this act.
4 (g) Any wine sold under this section shall be purchased from
5 a Pennsylvania Liquor Store, a Pennsylvania limited winery or
6 any seller authorized to sell wine by the bottle or case in this
7 Commonwealth or shall be donated by a person who is neither a
8 licensee nor a permittee who has legally acquired the wine and
9 legally possesses it in this Commonwealth.
10 (h) If any wine sold under this section is purchased from a
11 seller other than a Pennsylvania Liquor Store or a Pennsylvania
12 limited winery, the permittee shall provide thirty days' notice
13 to the board of its intent to purchase such wine. The notice
14 shall include a description of the wine to be purchased, the
15 quantity to be purchased, the name of the seller and any other
16 information which the board may require. The permittee shall
17 comply with all board regulations regarding taxes and fees.
18 (i) The permittee shall be responsible for paying to the
19 board an amount equal to all taxes which would have been paid on
20 such wine if it had been purchased from a Pennsylvania Liquor
21 Store, together with a processing fee to be determined by the
22 board.
23 (j) As a condition of the permit, the permittee shall not
24 broadcast by way of radio or television or disseminate by print
25 media nor cause the broadcast by way of radio, television or
26 dissemination by the print media of the price of any wine sold
27 or to be sold under this section.
28 (k) Any person selling wine in violation of this section
29 shall, upon summary conviction, be sentenced to pay a fine of
30 two hundred fifty dollars ($250) for the first offense and a
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1 fine of five hundred dollars ($500) for each subsequent offense.
2 This fine shall be in addition to any other penalty imposed by
3 law for the illegal sale of liquor or malt or brewed beverages.
4 (l) "Auction," as used in this section, shall mean the offer
5 to sell wine by the permittee to the members of an audience
6 congregated for the purpose of making bids for the purchase of
7 the wine in an effort by the permittee to advance the amount of
8 the bids to obtain the highest or most favorable offer.
9 Section 2. This act shall take effect in 60 days.
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