PRIOR PRINTER'S NO. 3392 PRINTER'S NO. 3454
No. 2376 Session of 2006
INTRODUCED BY RAYMOND, BALDWIN, BEBKO-JONES, BIANCUCCI, BISHOP,
BUNT, CALTAGIRONE, CAPPELLI, CORNELL, CRAHALLA, DALLY,
FRANKEL, FREEMAN, GEIST, GINGRICH, GOOD, HARHART, HARRIS,
W. KELLER, KILLION, LEDERER, MANN, MARSICO, MICOZZIE,
R. MILLER, MUSTIO, O'NEILL, QUIGLEY, ROSS, SCHRODER,
SIPTROTH, E. Z. TAYLOR, TRUE, WATSON, WILT, YOUNGBLOOD,
DONATUCCI, JOSEPHS AND B. SMITH, JANUARY 24, 2006
AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 31, 2006
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 responsible alcohol management
18 remediation for licensees.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 471(d) 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) and added December 20, 2000
1 (P.L.992, No.141), is amended AND THE SECTION IS AMENDED BY <--
2 ADDING A SUBSECTION to read:
3 Section 471. Revocation and Suspension of Licenses; Fines.--
4 * * *
5 (d) If a licensee has been cited and found to have violated
6 section 493(1) as it relates to sales to minors or sales to a
7 visibly intoxicated person, the administrative law judge, in
8 addition to the penalties set forth in subsection (b), [may]
9 shall require the licensee to comply with the requirements set
10 forth in section 471.1 pertaining to responsible alcohol
11 management. Such compliance may be required for a period of up
12 to one year. Failure to adhere with such an order is sufficient
13 cause for the issuance of a citation under subsection (a).
14 (E) IF A LICENSEE HAS BEEN CITED AND FOUND TO HAVE VIOLATED <--
15 SECTION 493(1) FOR A SECOND OR SUBSEQUENT OFFENSE AS IT RELATES
16 TO SALES TO MINORS OR SALES TO A VISIBLY INTOXICATED PERSON, THE
17 ADMINISTRATIVE LAW JUDGE, IN ADDITION TO THE PENALTIES SET FORTH
18 IN SUBSECTION (B), MAY REQUIRE THE LICENSEE TO COMPLY WITH THE
19 REQUIREMENTS SET FORTH IN SECTION 471.1 PERTAINING TO
20 RESPONSIBLE ALCOHOL MANAGEMENT. SUCH COMPLIANCE MAY BE REQUIRED
21 FOR A PERIOD OF UP TO ONE YEAR. FAILURE TO ADHERE WITH SUCH AN
22 ORDER IS SUFFICIENT CAUSE FOR THE ISSUANCE OF A CITATION UNDER
23 SUBSECTION (A).
24 Section 2. This act shall take effect in 60 days.
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