PRINTER'S NO. 513

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 452 Session of 1983


        INTRODUCED BY JAROLIN, WARGO, D. R. WRIGHT, KOSINSKI,
           AFFLERBACH, JOHNSON, DALEY, PERZEL, COY, HERMAN, PISTELLA,
           STEIGHNER, LINTON, ALDERETTE, F. E. TAYLOR, BALDWIN, TIGUE,
           BLAUM, McCALL, COSLETT, TELEK, KASUNIC, CAWLEY, TRUMAN,
           OLIVER, WILLIAMS, CARN AND HASAY, MARCH 16, 1983

        REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 16, 1983

                                     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     increasing certain penalties.

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20     Section 1.  Section 494 of the act of April 12, 1951 (P.L.90,
    21  No.21), known as the Liquor Code, amended May 25, 1956 (1955
    22  P.L.1743, No.583), is amended to read:
    23     Section 494.  Penalties.--(a)  Any person who shall violate
    24  any of the provisions of this article, except as otherwise

     1  specifically provided, shall be guilty of a misdemeanor and,
     2  upon conviction thereof, shall be sentenced to pay a fine of not
     3  less than one hundred dollars ($100), nor more than five hundred
     4  dollars ($500), and on failure to pay such fine, to imprisonment
     5  for not less than one month, nor more than three months, and for
     6  any subsequent offense, shall be sentenced to pay a fine not
     7  less than three hundred dollars ($300), nor more than five
     8  hundred dollars ($500), and to undergo imprisonment for a period
     9  not less than three months, nor more than one year.
    10     (a.1)  Any person who furnished intoxicating beverages to a
    11  minor in violation of section 493(1) shall be guilty of a
    12  misdemeanor and upon conviction shall be sentenced to pay a fine
    13  of not less than five hundred dollars ($500), nor more than one
    14  thousand dollars ($1,000), and for any subsequent offense, shall
    15  be sentenced to pay a fine of not less than seven hundred fifty
    16  dollars ($750), nor more than one thousand five hundred dollars
    17  ($1,500). If, for any reason, a person who has been convicted
    18  fails to pay the fine, such person shall be sentenced to a term
    19  of imprisonment of not less than two months, or greater than
    20  nine months.
    21     (b)  The right of the board to suspend and revoke licenses
    22  granted under this article shall be in addition to the penalty
    23  set forth in this section.
    24     Section 2.  This act shall take effect immediately.




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