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                                                      PRINTER'S NO. 1848



No. 1233 Session of 2004

           SEPTEMBER 29, 2004


                                     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 general powers of the Pennsylvania
    18     Liquor Control Board, for sales by Pennsylvania Liquor Stores
    19     and for unlawful acts relative to liquor, malt and brewed
    20     beverages.

    21     The General Assembly of the Commonwealth of Pennsylvania
    22  hereby enacts as follows:
    23     Section 1.  Section 207(a) of the act of April 12, 1951
    24  (P.L.90, No.21), known as the Liquor Code, reenacted and amended
    25  June 29, 1987 (P.L.32, No.14) and amended December 30, 2003
    26  (P.L.423, No.59), is amended to read:

     1     Section 207.  General Powers of Board.--Under this act, the
     2  board shall have the power and its duty shall be:
     3     (a)  To buy, import or have in its possession for sale and
     4  sell liquor, alcohol, corkscrews, wine and liquor accessories,
     5  trade publications, gift cards, gift certificates and wine
     6  glasses in the manner set forth in this act: Provided, however,
     7  That all purchases shall be made subject to the approval of the
     8  State Treasurer, or his designated deputy. The board shall buy
     9  liquor and alcohol at the lowest price and in the greatest
    10  variety reasonably obtainable.
    11     * * *
    12     Section 2.  Section 305(h) of the act, amended May 8, 2003
    13  (P.L.1, No.1) and July 17, 2003 (P.L.63, No.15), is amended to
    14  read:
    15     Section 305.  Sales by Pennsylvania Liquor Stores.--* * *
    16     (h)  Every Pennsylvania Liquor Store shall sell gift
    17  certificates and gift cards which may be redeemed for [liquor]
    18  any product sold by the board. In addition, the board may sell
    19  corkscrews, wine and liquor accessories, trade publications and
    20  wine sleeves at Pennsylvania Liquor Stores.
    21     Section 3.  Section 493(24) of the act is amended to read:
    22     Section 493.  Unlawful Acts Relative to Liquor, Malt and
    23  Brewed Beverages and Licensees.--The term "licensee," when used
    24  in this section, shall mean those persons licensed under the
    25  provisions of Article IV, unless the context clearly indicates
    26  otherwise.
    27     It shall be unlawful--
    28     * * *
    29     (24)  Things of Value Offered as Inducement. For any licensee
    30  under the provisions of this article, or the board or any
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     1  manufacturer, or any employe or agent of a manufacturer,
     2  licensee or of the board, to offer to give anything of value or
     3  to solicit or receive anything of value as a premium for the
     4  return of caps, stoppers, corks, stamps or labels taken from any
     5  bottle, case, barrel or package containing liquor or malt or
     6  brewed beverage, or to offer or give or solicit or receive
     7  anything of value as a premium or present to induce directly the
     8  purchase of liquor or malt or brewed beverage, or for any
     9  licensee, manufacturer or other person to offer or give to trade
    10  or consumer buyers any prize, premium, gift or other inducement
    11  to purchase liquor or malt or brewed beverages, except
    12  advertising novelties of nominal value which the board shall
    13  define. This section shall not prevent any manufacturer or any
    14  agent of a manufacturer from offering [only on licensed
    15  premises] and honoring coupons which offer monetary rebates on
    16  purchases of wines and spirits through State Liquor Stores [and
    17  purchases of malt or brewed beverages] in accordance with
    18  conditions or regulations established by the board. [Further, no
    19  manufacturer or any agent of a manufacturer shall honor any
    20  coupons without proof of purchase in the form of a sales slip or
    21  receipt attached to the coupons.] The board may redeem coupons
    22  offered by a manufacturer or an agent of a manufacturer at the
    23  time of purchase. Coupons offered by a manufacturer or an agent
    24  of a manufacturer shall not be redeemed without proof of
    25  purchase. This section shall not apply to the return of any
    26  monies specifically deposited for the return of the original
    27  container to the owners thereof.
    28     * * *
    29     Section 4.  This act shall take effect immediately.

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