PRINTER'S NO. 170
No. 165 Session of 1975
INTRODUCED BY MR. SCHMITT, MRS. GILLETTE, MESSRS. MANDERINO,
A. K. HUTCHINSON, MRS. TOLL, MESSRS. VANN, SHANE, TAYLOR,
LAUGHLIN, ROMANELLI, COHEN, ROSS, ABRAHAM, TRELLO, DeMEDIO,
WOJDAK, MORRIS, BERLIN, PIEVSKY, MUSTO, SHUPNIK, GREEN, FEE,
PERRY, MILLIRON, PRATT, IRVIS, KOWALYSHYN, ZORD, RUGGIERO,
WARGO, WALSH AND O'DONNELL, JANUARY 28, 1975
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 28, 1975
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
2 act relating to alcoholic liquors, alcohol and malt and
3 brewed beverages; amending, revising, consolidating and
4 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 without
15 warrant; prescribing penalties and forfeitures; providing for
16 local option and repealing existing laws," providing for a
17 rebate on the price paid by the board for alcohol or liquor.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Subsection (b) of section 207, act of April 12,
21 1951 (P.L.90, No.21), known as the "Liquor Code," amended July
22 27, 1973 (No.70), is amended to read:
23 Section 207. General Powers of Board.--Under this act, the
1 board shall have the power and its duty shall be:
2 * * *
3 (b) To control the manufacture, possession, sale,
4 consumption, importation, use, storage, transportation and
5 delivery of liquor, alcohol and malt or brewed beverages in
6 accordance with the provisions of this act, and to fix the
7 wholesale and retail prices at which liquors and alcohol shall
8 be sold at Pennsylvania Liquor Stores: Provided, That in fixing
9 the sale prices, the board shall not give any preference or make
10 any discrimination as to classes, brands or otherwise, except to
11 the extent and for the length of time necessary to sell such
12 classes or brands in compliance with any Federal action freezing
13 or otherwise controlling the price of said classes or brands, or
14 except where special sales are deemed necessary to move
15 unsaleable merchandise, or except where the addition of a
16 service or handling charge to the fixed sales price of any
17 merchandise in the same comparable price bracket, regardless of
18 class, brand or otherwise is, in the opinion of the board,
19 required for the efficient operation of the State store system.
20 The board shall require each Pennsylvania manufacturer and each
21 nonresident manufacturer of liquors, other than wine, selling
22 such liquors to the board, which are not manufactured in this
23 Commonwealth, to make application for and be granted a permit by
24 the board before such liquors not manufactured in this
25 Commonwealth shall be purchased from such manufacturer. Each
26 such manufacturer shall pay for such permit a fee which, in the
27 case of a manufacturer of this Commonwealth, shall be equal to
28 that required to be paid, if any, by a manufacturer or
29 wholesaler of the state, territory or country of origin of the
30 liquors, for selling liquors manufactured in Pennsylvania, and
19750H0165B0170 - 2 -
1 in the case of a nonresident manufacturer, shall be equal to
2 that required to be paid, if any, in such state, territory or
3 country by Pennsylvania manufacturers doing business in such
4 state, territory or country. In the event that any such
5 manufacturer shall, in the opinion of the board, sell or attempt
6 to sell liquors to the board through another person for the
7 purpose of evading this provision relating to permits, the board
8 shall require such person, before purchasing liquors from him or
9 it, to take out a permit and pay the same fee as hereinbefore
10 required to be paid by such manufacturer. All permit fees so
11 collected shall be paid into the State Stores Fund. The board
12 shall not purchase any alcohol or liquor fermented, distilled,
13 rectified, compounded or bottled in any state, territory or
14 country, the laws of which result in prohibiting the importation
15 therein of alcohol or liquor, fermented, distilled, rectified,
16 compounded or bottled in Pennsylvania. The board shall not
17 purchase any alcohol or liquor unless the owner of the alcohol
18 or liquor or his agent or employe agrees to pay a rebate of five
19 per centum of the purchase price to the board for expenses
20 incurred by the board for warehousing, distribution and display
21 of the alcohol or liquor. Such purchase price paid by the board,
22 on which the rebate shall be paid, shall be no higher than the
23 lowest price at which such alcohol or liquor will be sold by the
24 owner or his agent or employe to any wholesaler anywhere in any
25 other state of the United States or in the District of Columbia,
26 or to any state or state agency which owns and operates retail
27 liquor stores.
28 * * *
29 Section 2. This act shall take effect immediately.
A7L40RC/19750H0165B0170 - 3 -