PRINTER'S NO. 604
No. 553 Session of 1993
INTRODUCED BY ROEBUCK, D. W. SNYDER, KELLER, RAYMOND, PRESTON,
BISHOP, WILLIAMS, TRELLO, STABACK, STURLA, CIVERA, PESCI,
MELIO, GIGLIOTTI, DALEY, CARN, CALTAGIRONE, ROBINSON, JAROLIN
AND LINTON, MARCH 15, 1993
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 15, 1993
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 extending enforcement powers of liquor control enforcement
18 officers.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 211 of the act of April 12, 1951 (P.L.90,
22 No.21), known as the Liquor Code, reenacted and amended June 29,
23 1987 (P.L.32, No.14), is amended to read:
24 Section 211. Enforcement.--(a) There is created within the
25 Pennsylvania State Police a Bureau of Liquor Control Enforcement
1 which shall be responsible for enforcing this act and any
2 regulations promulgated pursuant thereto. Officers and
3 investigators assigned to the bureau shall have the power and
4 their duty shall be:
5 (1) To investigate whenever there are reasonable grounds to
6 believe liquor, alcohol or malt or brewed beverages are being
7 sold on premises not licensed under the provisions of this act.
8 If the investigation produces evidence of the unlawful sale of
9 liquor or malt or brewed beverages or any other violation of the
10 provisions of this act, the officer involved in the
11 investigation shall institute criminal proceedings against the
12 person or persons believed to have been criminally liable, as
13 otherwise provided by law or rule of court.
14 (2) To arrest on view, except in private homes, without
15 warrant, any person actually engaged in the unlawful sale,
16 importation, manufacture or transportation or having unlawful
17 possession of liquor, alcohol or malt or brewed beverages
18 contrary to the provisions of this act or any other law of this
19 Commonwealth.
20 (3) Upon reasonable and probable cause, to search for and to
21 seize, without warrant or process, except in private homes, any
22 liquor, alcohol or malt or brewed beverages unlawfully
23 possessed, manufactured, sold, imported or transported and any
24 stills, equipment, materials, utensils, vehicles, boats,
25 vessels, animals, aircraft, or any of them, which are or have
26 been used in the unlawful manufacture, sale, importation or
27 transportation of the same. Such liquor, alcohol, malt or brewed
28 beverages, stills, equipment, materials, utensils, vehicles,
29 boats, vessels, animals or aircraft so seized shall be disposed
30 of as hereinafter provided.
19930H0553B0604 - 2 -
1 (4) To investigate and issue citations for any violations of
2 this act or any laws of this Commonwealth relating to liquor,
3 alcohol or malt or brewed beverages, or any regulations of the
4 board adopted pursuant to such laws or any violation of any laws
5 of this Commonwealth or of the Federal Government, relating to
6 the payment of taxes on liquor, alcohol or malt or brewed
7 beverages by any licensee, his officers, servants, agents or
8 employes.
9 (5) To pursue, apprehend and arrest any individual suspected
10 of violating a provision of 18 Pa.C.S. (relating to crimes and
11 offenses) or another offense classified as a misdemeanor or
12 felony while in the performance of their assigned duties under
13 this act.
14 (6) To serve and execute warrants issued by the proper
15 authorities for offenses referred to in this subsection and to
16 serve subpoenas.
17 (7) To arrange for the administration of chemical tests of
18 breath, blood or urine to persons for the purpose of determining
19 the alcoholic content of blood or the presence of a controlled
20 substance by qualified personnel of a State or local police
21 department or qualified personnel of a clinical laboratory
22 licensed and approved by the Department of Health.
23 (b) Any equipment or appurtenance actually used in the
24 commission of the unlawful acts may be confiscated. The
25 confiscation shall not, in any manner, divest or impair the
26 rights or interest of any bona fide lienholder in the equipment
27 or appurtenance.
28 (c) The Pennsylvania State Police Commissioner shall assign
29 State Police Officers to such supervisory and other capacities
30 in the enforcement bureau as he deems necessary. All other
19930H0553B0604 - 3 -
1 personnel of the enforcement bureau shall be civilians.
2 (d) The Office of Chief Counsel for the Pennsylvania State
3 Police shall represent the enforcement bureau in all enforcement
4 proceedings brought before the Office of Administrative Law
5 Judge or any other adjudicatory body.
6 (e) Nothing in this act shall be construed to change the
7 status of civilian enforcement agents for the purposes of the
8 act of July 23, 1970 (P.L.563, No.195), known as the "Public
9 Employe Relations Act," or cause civilian enforcement agents to
10 be considered policemen for the purposes of the act of June 24,
11 1968 (P.L.237, No.111), referred to as the Policemen and Firemen
12 Collective Bargaining Act.
13 Section 2. This act shall take effect in 60 days.
B1L47JRW/19930H0553B0604 - 4 -