PRIOR PRINTER'S NO. 1793 PRINTER'S NO. 2631
No. 1527 Session of 1979
INTRODUCED BY MESSRS. HASAY, CALTAGIRONE, MOEHLMANN, F. TAYLOR,
LEHR, COSLETT AND PERZEL, JUNE 20, 1979
AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 5, 1979
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
15 without warrant; prescribing penalties and forfeitures;
16 providing for local option, and repealing existing laws,"
17 further providing for penalties for out-of-state
18 manufacturers of malt or brewed beverages and making
19 editorial changes.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Subsections (e), (f) and (i) of section 444, act
23 of April 12, 1951 (P.L.90, No.21), known as the "Liquor Code,"
24 are amended to read:
25 Section 444. Malt or Brewed Beverages Manufactured Outside
26 This Commonwealth.--* * *
1 (e) Upon such hearing, whether or not an appearance was made
2 by such outside manufacturer, if satisfied that any such
3 violation has occurred, the board is specifically empowered and
4 directed to [immediately issue an order prohibiting the
5 importation of malt or brewed beverages manufactured by such
6 manufacturer into this Commonwealth for a period of not less
7 than six months nor more than three years] issue an order
8 imposing a fine upon such outside manufacturer of not less than
9 five hundred dollars ($500) or more than ten thousand dollars
10 ($10,000), or prohibiting the importation of malt or brewed
11 beverages manufactured by such outside manufacturer into this
12 Commonwealth for a period of not less than one month nor more <--
13 than NOT EXCEEDING six months, or both. Such fine or prohibition <--
14 shall not go into effect until twenty days have elapsed from the
15 date of notice of issuance of the board's order, during which
16 time such manufacturer may take an appeal as provided for in
17 this act. The aforesaid appeal shall act as a supersedeas unless
18 upon sufficient cause shown the court shall determine otherwise.
19 (f) [Notice] If, after hearing, the board prohibits the
20 importation of malt or brewed beverages manufactured by such
21 outside manufacturer into this Commonwealth, notice of such
22 board action shall be given immediately to such manufacturer and
23 to all persons licensed to import malt or brewed beverages
24 within this Commonwealth by mailing a copy of such order to such
25 manufacturer at its principal place of business, wherever
26 located, and to such licensees at their licensed premises.
27 Thereafter, it shall be unlawful for any person licensed to
28 import malt or brewed beverages within this Commonwealth to
29 purchase [or sell] any malt or brewed beverages manufactured by
30 such outside manufacturer during the term of such prohibition.
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1 * * *
2 (i) Any outside manufacturer aggrieved by the action of the
3 board may appeal to the [quarter sessions court of Dauphin
4 County] Commonwealth Court in the same manner as herein provided
5 for appeals from refusals to grant licenses. Upon appeal, the
6 court shall in the exercise of its discretion, sustain, reject,
7 alter or modify the findings, conclusions and penalties of the
8 board, based on the findings of fact and conclusions of law as
9 found by the court.
10 Section 2. This act shall take effect immediately.
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