PRINTER'S NO. 432
No. 405 Session of 1991
INTRODUCED BY TRELLO, PESCI, F. TAYLOR, KENNEY, MELIO, STABACK, VEON, GIGLIOTTI, SCHEETZ, ITKIN, MERRY, JAMES, WOZNIAK, HARPER, KOSINSKI, PERZEL, RAYMOND, J. TAYLOR, CORNELL, PRESTON, STURLA AND DALEY, FEBRUARY 12, 1991
REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 12, 1991
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 the sale of malt and brewed beverages 18 on credit. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 Section 1. Section 493(2) of the act of April 12, 1951 22 (P.L.90, No.21), known as the Liquor Code, reenacted and amended 23 June 29, 1987 (P.L.32, No.14), is amended to read: 24 Section 493. Unlawful Acts Relative to Liquor, Malt and 25 Brewed Beverages and Licensees.--The term "licensee," when used
1 in this section, shall mean those persons licensed under the 2 provisions of Article IV, unless the context clearly indicates 3 otherwise. 4 It shall be unlawful-- 5 * * * 6 (2) Purchase or Sale of Liquor or Malt or Brewed Beverages 7 on Credit. For any licensee, his agent, servant or employe, to 8 sell or offer to sell or purchase or receive any liquor or malt 9 or brewed beverages except for cash, excepting credit extended 10 by a hotel or club to a bona fide guest or member, or by 11 railroad or pullman companies in dining, club or buffet cars to 12 passengers, for consumption while enroute, holding authorized 13 credit cards issued by railroad or railroad credit bureaus or by 14 hotel, restaurant [and], public service, importing distributor 15 and distributor licensees to customers holding credit cards 16 issued in accordance with regulations of the board or credit 17 cards issued by banking institutions subject to State or Federal 18 regulation: Provided further, That nothing herein contained 19 shall be construed to prohibit the use of checks or drafts drawn 20 on a bank, banking institution, trust company or similar 21 depository, organized and existing under the laws of the United 22 States of America or the laws of any state, territory or 23 possession thereof, in payment for any liquor or malt or brewed 24 beverages if the purchaser is the payor of the check or draft 25 and the licensee is the payee. No right of action shall exist to 26 collect any claim for credit extended contrary to the provisions 27 of this clause. Nothing herein contained shall prohibit a 28 licensee from crediting to a purchaser the actual price charged 29 for original containers returned by the original purchaser as a 30 credit on any sale, or from refunding to any purchaser the 19910H0405B0432 - 2 -
1 amount paid by such purchaser for such containers or as a 2 deposit on containers when title is retained by the vendor, if 3 such original containers have been returned to the licensee. 4 Nothing herein contained shall prohibit a manufacturer from 5 extending usual and customary credit for liquor or malt or 6 brewed beverages sold to customers or purchasers who live or 7 maintain places of business outside of the Commonwealth of 8 Pennsylvania, when the liquor or malt or brewed beverages so 9 sold are actually transported and delivered to points outside of 10 the Commonwealth: Provided, however, That as to all transactions 11 affecting malt or brewed beverages to be resold or consumed 12 within this Commonwealth, every licensee shall pay and shall 13 require cash deposits on all returnable original containers and 14 all such cash deposits shall be refunded upon return of the 15 original containers. 16 * * * 17 Section 2. This act shall take effect in 60 days. A22L47PJP/19910H0405B0432 - 3 -