SENATE AMENDED
PRIOR PRINTER'S NOS. 604, 2416, 2670 PRINTER'S NO. 3766
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
SENATOR SHUMAKER, LAW AND JUSTICE, IN SENATE, AS AMENDED,
MAY 24, 1994
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; AND FURTHER PROVIDING FOR UNLAWFUL ACTS. <--
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
1 Pennsylvania State Police a Bureau of Liquor Control Enforcement
2 which shall be responsible for enforcing this act and any
3 regulations promulgated pursuant thereto. Officers and
4 investigators assigned to the bureau shall have the power and
5 their duty shall be:
6 (1) To investigate whenever there are reasonable grounds to
7 believe liquor, alcohol or malt or brewed beverages are being
8 sold on premises not licensed under the provisions of this act.
9 If the investigation produces evidence of the unlawful sale of
10 liquor or malt or brewed beverages or any other violation of the
11 provisions of this act, the officer involved in the
12 investigation shall institute criminal proceedings against the
13 person or persons believed to have been criminally liable, as
14 otherwise provided by law or rule of court.
15 [(2) To arrest on view, except in private homes, without
16 warrant, any person actually engaged in the unlawful sale,
17 importation, manufacture or transportation or having unlawful
18 possession of liquor, alcohol or malt or brewed beverages
19 contrary to the provisions of this act or any other law of this
20 Commonwealth.]
21 (2) To arrest on view, except in private homes, without
22 warrant, any person actually engaged in the unlawful sale,
23 importation, manufacture or transportation or having unlawful
24 possession of liquor, alcohol or malt or brewed beverages
25 contrary to the provisions of this act or any other law of this
26 Commonwealth or any person whom the officer/investigator, while
27 in the performance of his assigned duties under and pursuant to
28 this act and any regulations promulgated under this act,
29 observes to be in violation of any of the following provisions:
30 18 Pa.C.S. § 3302 (relating to causing or risking
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1 catastrophe).
2 18 Pa.C.S. § 3304 (relating to criminal mischief).
3 18 Pa.C.S. § 4101 (relating to forgery).
4 18 Pa.C.S. § 5503 (relating to disorderly conduct).
5 18 Pa.C.S. § 5505 (relating to public drunkenness).
6 18 Pa.C.S. § 5512 (relating to lotteries, etc.).
7 18 Pa.C.S. § 5513 (relating to gambling devices,
8 gambling, etc.).
9 18 Pa.C.S. § 5514 (relating to pool selling and
10 bookmaking).
11 18 Pa.C.S. § 6307 (relating to misrepresentations of age
12 to secure liquor or malt or brewed beverages).
13 18 Pa.C.S. § 6308 (relating to purchase, consumption,
14 possession or transportation of liquor or malt or brewed
15 beverages).
16 18 Pa.C.S. § 6309 (relating to representing that minor is
17 of age).
18 18 Pa.C.S. § 6310.1 (relating to selling or furnishing
19 liquor or malt or brewed beverages to minors).
20 18 Pa.C.S. § 6310.3 (relating to carrying a false
21 identification card).
22 (3) Upon reasonable and probable cause, to search for and to
23 seize, without warrant or process, except in private homes, any
24 liquor, alcohol or malt or brewed beverages unlawfully
25 possessed, manufactured, sold, imported or transported and any
26 stills, equipment, materials, utensils, vehicles, boats,
27 vessels, animals, aircraft, or any of them, which are or have
28 been used in the unlawful manufacture, sale, importation or
29 transportation of the same. Such liquor, alcohol, malt or brewed
30 beverages, stills, equipment, materials, utensils, vehicles,
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1 boats, vessels, animals or aircraft so seized shall be disposed
2 of as hereinafter provided.
3 (4) To investigate and issue citations for any violations of
4 this act or any laws of this Commonwealth relating to liquor,
5 alcohol or malt or brewed beverages, or any regulations of the
6 board adopted pursuant to such laws or any violation of any laws
7 of this Commonwealth or of the Federal Government, relating to
8 the payment of taxes on liquor, alcohol or malt or brewed
9 beverages by any licensee, his officers, servants, agents or
10 employes.
11 (5) To arrest any person who engages in the following
12 offenses when the said offenses are committed against the
13 officer/investigator, or any person accompanying and assisting
14 the officer/investigator, while the said officer/investigator is
15 performing assigned duties under and pursuant to this act and
16 any regulations promulgated under this act:
17 18 Pa.C.S. § 2701 (relating to simple assault).
18 18 Pa.C.S. § 2702 (relating to aggravated assault).
19 18 Pa.C.S. § 2705 (relating to recklessly endangering
20 another person).
21 18 Pa.C.S. § 2706 (relating to terroristic threats).
22 18 Pa.C.S. § 2709 (relating to harassment).
23 18 Pa.C.S. § 5104 (relating to resisting arrest or other
24 law enforcement).
25 18 Pa.C.S. § 5507 (relating to riot).
26 (6) To serve and execute warrants issued by the proper
27 authorities for offenses referred to in this subsection and to
28 serve subpoenas.
29 (7) To arrange for the administration of chemical tests of
30 breath, blood or urine, including preliminary breath tests, to
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1 persons for the purpose of determining the alcoholic content of
2 blood or the presence of a controlled substance by qualified
3 personnel of a State or local police department or qualified
4 personnel of a clinical laboratory licensed and approved by the
5 Department of Health.
6 (b) Any equipment or appurtenance actually used in the
7 commission of the unlawful acts may be confiscated. The
8 confiscation shall not, in any manner, divest or impair the
9 rights or interest of any bona fide lienholder in the equipment
10 or appurtenance.
11 (c) The Pennsylvania State Police Commissioner shall assign
12 State Police Officers to such supervisory and other capacities
13 in the enforcement bureau as he deems necessary. All other
14 personnel of the enforcement bureau shall be civilians.
15 (d) The Office of Chief Counsel for the Pennsylvania State
16 Police shall represent the enforcement bureau in all enforcement
17 proceedings brought before the Office of Administrative Law
18 Judge or any other adjudicatory body.
19 (e) Nothing in this act shall be construed to change the
20 status of civilian enforcement agents for the purposes of the
21 act of July 23, 1970 (P.L.563, No.195), known as the "Public
22 Employe Relations Act," or cause civilian enforcement agents to
23 be considered policemen for the purposes of the act of June 24,
24 1968 (P.L.237, No.111), referred to as the Policemen and Firemen
25 Collective Bargaining Act.
26 Section 2. The act is amended by adding a section to read: <--
27 Section 211.2. Enforcement Personnel in Cities of the First
28 Class.--Notwithstanding any provision of this act to the
29 contrary, the Pennsylvania State Police Commissioner shall
30 assign no less than forty liquor control enforcement agents to
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1 enforce this act and any regulations promulgated pursuant
2 thereto in cities of the first class. The number of liquor
3 enforcement agents in cities of the first class shall never be
4 less than a number equal to twenty-five percent (25%) of the
5 total number of liquor control enforcement agents Statewide.
6 Section 3. This act shall take effect as follows:
7 (1) The addition of section 211.2 of the act shall take
8 effect July 1, 1994.
9 (2) The remainder of this act shall take effect in 60
10 days.
11 SECTION 2. SECTION 493(7) OF THE ACT IS AMENDED TO READ: <--
12 SECTION 493. UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT AND
13 BREWED BEVERAGES AND LICENSEES.--THE TERM "LICENSEE," WHEN USED
14 IN THIS SECTION, SHALL MEAN THOSE PERSONS LICENSED UNDER THE
15 PROVISIONS OF ARTICLE IV, UNLESS THE CONTEXT CLEARLY INDICATES
16 OTHERWISE.
17 IT SHALL BE UNLAWFUL--
18 * * *
19 (7) ALCOHOLIC STRENGTH ON LABEL OF MALT OR BREWED BEVERAGES.
20 FOR ANY LICENSEE, OR HIS SERVANTS, AGENTS OR EMPLOYES, TO
21 TRANSPORT, SELL, DELIVER OR PURCHASE ANY MALT OR BREWED
22 BEVERAGES UPON WHICH THERE SHALL APPEAR A LABEL OR OTHER
23 INFORMATIVE DATA WHICH [IN ANY MANNER] REFERS TO THE ALCOHOLIC
24 CONTENTS OF THE MALT OR BREWED BEVERAGE[, OR WHICH REFERS IN ANY
25 MANNER TO THE ORIGINAL ALCOHOLIC STRENGTH, EXTRACT OR BALLING
26 PROOF FROM WHICH SUCH MALT OR BREWED BEVERAGE WAS PRODUCED.] IN
27 ANY TERMS OTHER THAN AS A PERCENTAGE OF ALCOHOL BY VOLUME. THIS
28 CLAUSE SHALL BE CONSTRUED TO PERMIT, BUT NOT TO REQUIRE, A
29 MANUFACTURER TO DESIGNATE UPON THE LABEL OR DESCRIPTIVE DATA THE
30 ALCOHOLIC CONTENT OF MALT OR BREWED BEVERAGES IN PERCENTAGE OF
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1 ALCOHOL BY VOLUME. THIS CLAUSE SHALL NOT BE CONSTRUED TO
2 PROHIBIT A MANUFACTURER FROM DESIGNATING UPON THE LABEL OR
3 DESCRIPTIVE DATA THE ALCOHOLIC CONTENT OF MALT OR BREWED
4 BEVERAGES INTENDED FOR SHIPMENT INTO ANOTHER STATE OR TERRITORY,
5 WHEN THE LAWS OF SUCH STATE OR TERRITORY REQUIRE THAT THE
6 ALCOHOLIC CONTENT OF THE MALT OR BREWED BEVERAGE MUST BE STATED
7 UPON THE PACKAGE.
8 * * *
9 SECTION 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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