SENATE AMENDED
PRIOR PRINTER'S NOS. 3392, 3454, 4040 PRINTER'S NO. 4310
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, B. SMITH, BEYER AND COSTA,
JANUARY 24, 2006
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 20, 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. FURTHER PROVIDING FOR THE <--
19 PROHIBITION OF INTERLOCKING BUSINESSES DEFINITIONS, FOR SALE <--
20 OF MALT OR BREWED BEVERAGES BY LIQUOR LICENSEES, FOR
21 RESTRICTIONS ON PURCHASES AND SALES OF MALT AND BREWED
22 BEVERAGES BY RETAIL DISPENSERS, FOR PERMIT RENEWALS AND FOR
23 POSSESSION OR TRANSPORTATION OF LIQUOR OR ALCOHOL; AND
24 PROHIBITING THE USE OF ALCOHOL VAPORIZING DEVICES.
25 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 471(d) of the act of April 12, 1951 <--
3 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
4 June 29, 1987 (P.L.32, No.14) and added December 20, 2000
5 (P.L.992, No.141), is amended and the section is amended by
6 adding a subsection to read:
7 Section 471. Revocation and Suspension of Licenses; Fines.--
8 * * *
9 (d) If a licensee has been cited and found to have violated
10 section 493(1) as it relates to sales to minors or sales to a
11 visibly intoxicated person, the administrative law judge, in
12 addition to the penalties set forth in subsection (b), [may]
13 shall require the licensee to comply with the requirements set
14 forth in section 471.1 pertaining to responsible alcohol
15 management. Such compliance may be required for a period of up
16 to one year. Failure to adhere with such an order is sufficient
17 cause for the issuance of a citation under subsection (a).
18 (e) If a licensee has been cited and found to have violated
19 section 493(1) for a second or subsequent offense as it relates
20 to sales to minors or sales to a visibly intoxicated person, the
21 administrative law judge, in addition to the penalties set forth
22 in subsection (b), may require the licensee to comply with the
23 requirements set forth in section 471.1 pertaining to
24 responsible alcohol management. Such compliance may be required
25 for a period of up to one year. Failure to adhere with such an
26 order is sufficient cause for the issuance of a citation under
27 subsection (a).
28 Section 2. This act shall take effect in 60 days.
29 SECTION 1. SECTION 102 OF THE ACT OF APRIL 12, 1951 (P.L.90, <--
30 NO.21), KNOWN AS THE LIQUOR CODE, REENACTED AND AMENDED JUNE 29,
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1 1987 (P.L.32, NO.14), IS AMENDED BY ADDING A DEFINITION TO READ:
2 SECTION 1. THE DEFINITIONS OF "AUTOMOBILE RACETRACK," "CASE" <--
3 AND "PUBLIC VENUE" IN SECTION 102 OF THE ACT OF APRIL 12, 1951
4 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, REENACTED AND AMENDED
5 JUNE 29, 1987 (P.L.32, NO.14) AND AMENDED OR ADDED MAY 31, 1996
6 (P.L.312, NO.49), FEBRUARY 21, 2002 (P.L.103, NO.10) AND
7 DECEMBER 8, 2004 (P.L.1810, NO.239), ARE AMENDED AND THE SECTION
8 IS AMENDED BY ADDING A DEFINITION TO READ:
9 SECTION 102. DEFINITIONS.--THE FOLLOWING WORDS OR PHRASES,
10 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, SHALL HAVE THE
11 MEANINGS ASCRIBED TO THEM IN THIS SECTION:
12 * * *
13 "ALCOHOL VAPORIZING DEVICE" SHALL MEAN ANY DEVICE, MACHINE OR
14 PROCESS WHICH MIXES SPIRITS, LIQUORS OR OTHER ALCOHOLIC PRODUCTS
15 WITH OXYGEN OR ANY OTHER GAS TO PRODUCE A VAPORIZED PRODUCT FOR
16 CONSUMPTION BY INHALATION.
17 * * *
18 SECTION 2. SECTION 411 OF THE ACT IS AMENDED BY ADDING A <--
19 SUBSECTION TO READ:
20 SECTION 411. INTERLOCKING BUSINESS PROHIBITED.--* * *
21 (F) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A
22 MANUFACTURER OR LICENSEE AND ITS OFFICERS, DIRECTORS,
23 SHAREHOLDERS, SERVANTS, AGENTS OR EMPLOYES MAY CONTRIBUTE AND
24 A MANUFACTURER OR LICENSEE AND ITS OFFICERS, DIRECTORS,
25 SHAREHOLDERS, SERVANTS, AGENTS OR EMPLOYES MAY ACCEPT MONEYS
26 OR OTHER THINGS OF VALUE SOLELY FOR THE ADMINISTRATION OF A
27 RESPONSIBLE ALCOHOL MANAGEMENT TRAINING PROGRAM FOR ALCOHOL
28 SERVICE PERSONNEL AS PROVIDED UNDER SECTION 471.1. THE MONEYS
29 OR OTHER THINGS OF VALUE MAY BE PROVIDED BY OR TO A
30 MANUFACTURER OR LICENSEE AND ITS OFFICERS, DIRECTORS,
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1 SHAREHOLDERS, SERVANTS, AGENTS OR EMPLOYES DIRECTLY OR BY OR
2 TO A TRADE ORGANIZATION CONSISTING, IN WHOLE OR IN PART, OF A
3 GROUP OF LICENSEES.
4 SECTION 3. SECTION 443 OF THE ACT IS AMENDED BY ADDING A
5 SUBSECTION TO READ:
6 SECTION 443. INTERLOCKING BUSINESS PROHIBITED.--* * *
7 (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A
8 MANUFACTURER OR LICENSEE AND ITS OFFICERS, DIRECTORS,
9 SHAREHOLDERS, SERVANTS, AGENTS OR EMPLOYES MAY CONTRIBUTE AND A
10 MANUFACTURER OR LICENSEE AND ITS OFFICERS, DIRECTORS,
11 SHAREHOLDERS, SERVANTS, AGENTS OR EMPLOYES MAY ACCEPT MONEYS OR
12 OTHER THINGS OF VALUE SOLELY FOR THE ADMINISTRATION OF A
13 RESPONSIBLE ALCOHOL MANAGEMENT TRAINING PROGRAM FOR ALCOHOL
14 SERVICE PERSONNEL AS PROVIDED UNDER SECTION 471.1. THE MONEYS OR
15 OTHER THINGS OF VALUE MAY BE PROVIDED BY OR TO A MANUFACTURER OR
16 LICENSEE AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SERVANTS,
17 AGENTS OR EMPLOYES DIRECTLY OR BY OR TO A TRADE ORGANIZATION
18 CONSISTING, IN WHOLE OR IN PART, OF A GROUP OF LICENSEES.
19 "AUTOMOBILE RACETRACK" SHALL MEAN A TRACK USED PRINCIPALLY <--
20 FOR HOLDING AUTOMOBILE RACES WHICH HAS A SEATING CAPACITY IN
21 EXCESS OF [TWENTY-FIVE] TEN THOUSAND.
22 * * *
23 "CASE" SHALL MEAN A PACKAGE PREPARED BY THE MANUFACTURER FOR
24 SALE OR DISTRIBUTION OF TWELVE OR MORE ORIGINAL CONTAINERS
25 TOTALING [TWO HUNDRED EIGHTY-EIGHT] TWO HUNDRED SIXTY-FOUR OR
26 MORE FLUID OUNCES OF MALT OR BREWED BEVERAGES EXCEPTING THOSE
27 PACKAGES CONTAINING TWENTY-FOUR OR MORE ORIGINAL CONTAINERS EACH
28 HOLDING SEVEN FLUID OUNCES OR MORE.
29 * * *
30 "PUBLIC VENUE" SHALL MEAN A STADIUM, ARENA, CONVENTION
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1 CENTER, MUSEUM, AMPHITHEATER OR SIMILAR STRUCTURE. IF THE PUBLIC
2 VENUE IS A CRUISE TERMINAL OWNED OR LEASED BY A PORT AUTHORITY
3 CREATED UNDER THE ACT OF JUNE 12, 1931 (P.L.575, NO.200),
4 ENTITLED "AN ACT PROVIDING FOR JOINT ACTION BY PENNSYLVANIA AND
5 NEW JERSEY IN THE DEVELOPMENT OF THE PORTS ON THE LOWER DELAWARE
6 RIVER, AND THE IMPROVEMENT OF THE FACILITIES FOR TRANSPORTATION
7 ACROSS THE RIVER; AUTHORIZING THE GOVERNOR, FOR THESE PURPOSES,
8 TO ENTER INTO AN AGREEMENT WITH NEW JERSEY; CREATING THE
9 DELAWARE RIVER JOINT COMMISSION AND SPECIFYING THE POWERS AND
10 DUTIES THEREOF, INCLUDING THE POWER TO FINANCE PROJECTS BY THE
11 ISSUANCE OF REVENUE BONDS; TRANSFERRING TO THE NEW COMMISSION
12 ALL THE POWERS OF THE DELAWARE RIVER BRIDGE JOINT COMMISSION;
13 AND MAKING AN APPROPRIATION," IT SHALL HAVE NO PERMANENT SEATING
14 REQUIREMENT. IF THE PUBLIC VENUE IS AN OPEN-AIR AMPHITHEATER
15 OWNED BY A PORT AUTHORITY CREATED UNDER THE ACT OF DECEMBER 6,
16 1972 (P.L.1392, NO.298), KNOWN AS THE "THIRD CLASS CITY PORT
17 AUTHORITY ACT," IT SHALL HAVE NO PERMANENT SEATING REQUIREMENT.
18 IF THE PUBLIC VENUE IS OWNED BY A POLITICAL SUBDIVISION, A
19 MUNICIPAL AUTHORITY, THE COMMONWEALTH, AN AUTHORITY CREATED
20 UNDER THE ACT OF JULY 29, 1953 (P.L.1034, NO.270), KNOWN AS THE
21 "PUBLIC AUDITORIUM AUTHORITIES LAW," AN AUTHORITY CREATED UNDER
22 ARTICLE XXV-A OF THE ACT OF JULY 28, 1953 (P.L.723, NO.230),
23 KNOWN AS THE "SECOND CLASS COUNTY CODE," AN ART MUSEUM
24 ESTABLISHED UNDER THE AUTHORITY OF THE ACT OF APRIL 6, 1791 (3
25 SM.L.20, NO.1536), ENTITLED "AN ACT TO CONFER ON CERTAIN
26 ASSOCIATIONS OF THE CITIZENS OF THIS COMMONWEALTH THE POWERS AND
27 IMMUNITIES OF CORPORATIONS, OR BODIES POLITIC IN LAW," OR AN
28 AUTHORITY CREATED UNDER ARTICLE XXIII (N) OR (O) OF THE ACT OF
29 AUGUST 9, 1955 (P.L.323, NO.130), KNOWN AS "THE COUNTY CODE," IT
30 SHALL HAVE PERMANENT SEATING FOR AT LEAST ONE THOUSAND (1,000)
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1 PEOPLE; OTHERWISE, IT SHALL HAVE PERMANENT SEATING FOR AT LEAST
2 [THREE THOUSAND (3,000)] TWO THOUSAND (2,000) PEOPLE. THE TERM
3 SHALL ALSO MEAN ANY REGIONAL HISTORY CENTER, MULTIPURPOSE
4 CULTURAL AND SCIENCE FACILITY, MUSEUM OR CONVENTION OR TRADE
5 SHOW CENTER, REGARDLESS OF OWNER AND SEATING CAPACITY, THAT HAS
6 A FLOOR AREA OF AT LEAST SIXTY THOUSAND (60,000) SQUARE FEET IN
7 ONE BUILDING. THE TERM SHALL ALSO MEAN A CONVENTION OR
8 CONFERENCE CENTER OWNED BY A CITY OF THE THIRD CLASS, REGARDLESS
9 OF SEATING CAPACITY, THAT HAS A FLOOR AREA OF AT LEAST FIFTEEN
10 THOUSAND (15,000) SQUARE FEET IN ONE BUILDING.
11 * * *
12 SECTION 2. SECTION 407 OF THE ACT, AMENDED JULY 6, 2005
13 (P.L.135, NO.39), IS AMENDED TO READ:
14 SECTION 407. SALE OF MALT OR BREWED BEVERAGES BY LIQUOR
15 LICENSEES.--(A) EVERY LIQUOR LICENSE ISSUED TO A HOTEL,
16 RESTAURANT, CLUB, OR A RAILROAD, PULLMAN OR STEAMSHIP COMPANY
17 UNDER THIS SUBDIVISION (A) FOR THE SALE OF LIQUOR SHALL
18 AUTHORIZE THE LICENSEE TO SELL MALT OR BREWED BEVERAGES AT THE
19 SAME PLACES BUT SUBJECT TO THE SAME RESTRICTIONS AND PENALTIES
20 AS APPLY TO SALES OF LIQUOR, EXCEPT THAT LICENSEES OTHER THAN
21 CLUBS MAY SELL MALT OR BREWED BEVERAGES FOR CONSUMPTION OFF THE
22 PREMISES WHERE SOLD IN QUANTITIES OF NOT MORE THAN ONE HUNDRED
23 NINETY-TWO FLUID OUNCES IN A SINGLE SALE TO ONE PERSON. NO
24 LICENSEE UNDER THIS SUBDIVISION (A) SHALL AT THE SAME TIME BE
25 THE HOLDER OF ANY OTHER CLASS OF LICENSE, EXCEPT A RETAIL
26 DISPENSER'S LICENSE AUTHORIZING THE SALE OF MALT OR BREWED
27 BEVERAGES ONLY.
28 (B) (1) NOTWITHSTANDING SUBSECTION (A), AFTER OCTOBER 31,
29 2005, A RESTAURANT LICENSEE LOCATED IN A CITY OF THE FIRST CLASS
30 WHO IS OTHERWISE PERMITTED TO SELL MALT OR BREWED BEVERAGES FOR
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1 CONSUMPTION OFF THE PREMISES MAY NOT DO SO UNLESS, EVERY TWO
2 YEARS, IT ACQUIRES A PERMIT FROM THE BOARD.
3 (2) THE APPLICATION FOR A PERMIT TO SELL MALT OR BREWED
4 BEVERAGES FOR CONSUMPTION OFF THE PREMISES SHALL BE ON FORMS
5 DESIGNATED BY THE BOARD AND CONTAIN SUCH INFORMATION AS THE
6 BOARD MAY REQUIRE. THE APPLICATION AND RENEWAL FEE SHALL BE AS
7 PRESCRIBED IN SECTION 614-A(27) OF THE ACT OF APRIL 9, 1929
8 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929."
9 (3) THE APPLICATION FOR A PERMIT TO SELL MALT OR BREWED
10 BEVERAGES FOR CONSUMPTION OFF THE PREMISES MUST BE ACCOMPANIED
11 BY A COPY OF THE APPROVAL OF SUCH REQUEST BY THE GOVERNING BODY
12 OF THE CITY OF THE FIRST CLASS IN WHICH THE LICENSED PREMISES IS
13 LOCATED.
14 (4) THE GOVERNING BODY OF A CITY OF THE FIRST CLASS MUST
15 RENDER A DECISION BY ORDINANCE OR RESOLUTION WITHIN FORTY-FIVE
16 DAYS OF RECEIPT OF A REQUEST FOR APPROVAL OF A PERMIT TO SELL
17 MALT OR BREWED BEVERAGES FOR CONSUMPTION OFF THE PREMISES. THE
18 GOVERNING BODY MUST APPROVE THE REQUEST UNLESS IT FINDS THAT
19 DOING SO WOULD ADVERSELY AFFECT THE WELFARE, HEALTH, PEACE AND
20 MORALS OF THE CITY OR ITS RESIDENTS. A DECISION BY THE CITY TO
21 DENY A REQUEST MAY BE APPEALED TO THE COURT OF COMMON PLEAS IN
22 THE COUNTY IN WHICH THE CITY IS LOCATED. THE FAILURE TO RENDER A
23 DECISION BY THE GOVERNING BODY OF A CITY OF THE FIRST CLASS
24 WITHIN THE FORTY-FIVE-DAY PERIOD SHALL BE DEEMED APPROVAL OF THE
25 PERMIT.
26 (5) UPON BEING SATISFIED THAT THE APPLICANT HAS FULFILLED
27 ALL THE REQUIREMENTS OF THIS ACT AND THE BOARD'S REGULATIONS,
28 THE BOARD SHALL APPROVE THE APPLICATION.
29 SECTION 3. SECTION 442(A) OF THE ACT, AMENDED JULY 6, 2005
30 (P.L.135, NO.39), IS AMENDED TO READ:
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1 SECTION 442. RETAIL DISPENSERS' RESTRICTIONS ON PURCHASES
2 AND SALES.--(A) (1) NO RETAIL DISPENSER SHALL PURCHASE OR
3 RECEIVE ANY MALT OR BREWED BEVERAGES EXCEPT IN ORIGINAL
4 CONTAINERS AS PREPARED FOR THE MARKET BY THE MANUFACTURER AT THE
5 PLACE OF MANUFACTURE. THE RETAIL DISPENSER MAY THEREAFTER BREAK
6 THE BULK UPON THE LICENSED PREMISES AND SELL OR DISPENSE THE
7 SAME FOR CONSUMPTION ON OR OFF THE PREMISES SO LICENSED:
8 PROVIDED, HOWEVER, THAT NO RETAIL DISPENSER MAY SELL MALT OR
9 BREWED BEVERAGES FOR CONSUMPTION OFF THE PREMISES IN QUANTITIES
10 IN EXCESS OF ONE HUNDRED NINETY-TWO FLUID OUNCES: PROVIDED,
11 FURTHER, THAT NO CLUB LICENSEE MAY SELL ANY MALT OR BREWED
12 BEVERAGES FOR CONSUMPTION OFF THE PREMISES WHERE SOLD OR TO
13 PERSONS NOT MEMBERS OF THE CLUB.
14 (2) NOTWITHSTANDING PARAGRAPH (1), AFTER OCTOBER 31, 2005, A
15 RETAIL DISPENSER LICENSEE LOCATED IN A CITY OF THE FIRST CLASS
16 WHO IS OTHERWISE PERMITTED TO SELL MALT OR BREWED BEVERAGES FOR
17 CONSUMPTION OFF THE PREMISES MAY NOT DO SO UNLESS, EVERY TWO
18 YEARS, IT ACQUIRES A PERMIT FROM THE BOARD.
19 (3) THE APPLICATION FOR A PERMIT TO SELL MALT OR BREWED
20 BEVERAGES FOR CONSUMPTION OFF THE PREMISES SHALL BE ON FORMS
21 DESIGNATED BY THE BOARD AND CONTAIN SUCH INFORMATION AS THE
22 BOARD MAY REQUIRE. THE APPLICATION AND RENEWAL FEE SHALL BE AS
23 PRESCRIBED IN SECTION 614-A(28) OF THE ACT OF APRIL 9, 1929
24 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929."
25 (4) THE APPLICATION FOR A PERMIT TO SELL MALT OR BREWED
26 BEVERAGES FOR CONSUMPTION OFF THE PREMISES MUST BE ACCOMPANIED
27 BY A COPY OF THE APPROVAL OF SUCH REQUEST BY THE GOVERNING BODY
28 OF THE CITY OF THE FIRST CLASS IN WHICH THE LICENSED PREMISES IS
29 LOCATED.
30 (5) THE GOVERNING BODY OF A CITY OF THE FIRST CLASS MUST
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1 RENDER A DECISION BY ORDINANCE OR RESOLUTION WITHIN FORTY-FIVE
2 DAYS OF RECEIPT OF A REQUEST FOR APPROVAL OF A PERMIT TO SELL
3 MALT OR BREWED BEVERAGES FOR CONSUMPTION OFF THE PREMISES. THE
4 GOVERNING BODY MUST APPROVE THE REQUEST UNLESS IT FINDS THAT
5 DOING SO WOULD ADVERSELY AFFECT THE WELFARE, HEALTH, PEACE AND
6 MORALS OF THE CITY OR ITS RESIDENTS. A DECISION BY THE CITY TO
7 DENY A REQUEST MAY BE APPEALED TO THE COURT OF COMMON PLEAS IN
8 THE COUNTY IN WHICH THE CITY IS LOCATED. THE FAILURE TO RENDER A
9 DECISION BY THE GOVERNING BODY OF A CITY OF THE FIRST CLASS
10 WITHIN THE FORTY-FIVE-DAY PERIOD SHALL BE DEEMED APPROVAL OF THE
11 PERMIT.
12 (6) UPON BEING SATISFIED THAT THE APPLICANT HAS FULFILLED
13 ALL THE REQUIREMENTS OF THIS ACT AND THE BOARD'S REGULATIONS,
14 THE BOARD SHALL APPROVE THE APPLICATION.
15 * * *
16 SECTION 4. SECTION 478 OF THE ACT, AMENDED JULY 6, 2005
17 (P.L.135, NO.39), IS AMENDED TO READ:
18 SECTION 478. RENEWAL OF AMUSEMENT PERMIT; RENEWAL OF PERMIT
19 FOR SALES FOR OFF-PREMISES CONSUMPTION IN CITIES OF THE FIRST
20 CLASS.--(A) UPON THE ANNUAL REVIEW OF THE OPERATING HISTORY OF
21 A LICENSEE PRIOR TO THE VALIDATION PERIOD OR THE PERIODIC
22 RENEWAL OF THE LICENSE, THE DIRECTOR OF THE BUREAU OF LICENSING
23 SHALL HAVE THE AUTHORITY TO STATE OBJECTION TO THE RENEWAL OF
24 THE AMUSEMENT PERMIT AS REQUIRED BY SECTION 493(10). SUCH
25 OBJECTION SHALL BE BASED UPON THE OPERATING HISTORY, AND NOTICE
26 SHALL BE PROVIDED TO THE LICENSEE IN WRITING, BY CERTIFIED MAIL,
27 AT THE ADDRESS LISTED ON THE LICENSE. UPON THE COMPLETION OF ANY
28 HEARING CONDUCTED CONCERNING THE RENEWAL OF THE AMUSEMENT PERMIT
29 PURSUANT TO SECTION 464, THE BOARD MAY, IN ITS DISCRETION,
30 REFUSE TO RENEW THE AMUSEMENT PERMIT.
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1 (B) IN CASES WHERE THE BOARD REFUSES TO RENEW THE AMUSEMENT
2 PERMIT OF ANY LICENSEE, THE LICENSEE OR THE APPLICANT OR MANAGER
3 OR PERSON WITH A MAJORITY OR CONTROLLING INTEREST OF EITHER IN
4 THE OPERATION OF THIS OR ANY OTHER LICENSE MAY NOT AGAIN BE
5 ELIGIBLE TO RECEIVE A NEW PERMIT FROM THE BOARD UNTIL THE
6 EXPIRATION OF A PERIOD OF UP TO TWO YEARS FROM THE FINAL
7 ADJUDICATION.
8 (C) UPON THE [ANNUAL] BIENNIAL REVIEW OF THE OPERATING
9 HISTORY OF A LICENSEE PRIOR TO THE VALIDATION PERIOD OR THE
10 PERIODIC RENEWAL OF THE LICENSE, THE DIRECTOR OF THE BUREAU OF
11 LICENSING SHALL HAVE THE AUTHORITY TO STATE OBJECTION TO THE
12 RENEWAL OF THE PERMIT FOR SALE OF MALT OR BREWED BEVERAGES
13 REQUIRED UNDER SECTION 407 OR 442. ANY OBJECTION SHALL BE BASED
14 UPON THE OPERATING HISTORY, AND NOTICE SHALL BE PROVIDED TO THE
15 LICENSEE IN WRITING, BY CERTIFIED MAIL, AT THE ADDRESS LISTED ON
16 THE LICENSE. UPON THE COMPLETION OF ANY HEARING CONDUCTED
17 CONCERNING THE RENEWAL OF THE PERMIT PURSUANT TO SECTION 464,
18 THE BOARD MAY, IN ITS DISCRETION, REFUSE TO RENEW THE PERMIT.
19 (D) IN CASES WHERE THE BOARD REFUSES TO RENEW THE PERMIT FOR
20 SALE OF MALT OR BREWED BEVERAGES REQUIRED UNDER SECTION 407 OR
21 442 OF ANY LICENSEE, THE LICENSEE OR THE APPLICANT OR MANAGER OR
22 PERSON WITH A MAJORITY OR CONTROLLING INTEREST, OF EITHER IN THE
23 OPERATION OF THIS OR ANY OTHER LICENSE, MAY NOT AGAIN BE
24 ELIGIBLE TO RECEIVE A NEW PERMIT FROM THE BOARD UNTIL THE
25 EXPIRATION OF A PERIOD OF UP TO TWO YEARS FROM THE FINAL
26 ADJUDICATION.
27 SECTION 5. SECTION 491(2) OF THE ACT, AMENDED FEBRUARY 21,
28 2002 (P.L.103, NO.10), IS AMENDED TO READ:
29 SECTION 491. UNLAWFUL ACTS RELATIVE TO LIQUOR, ALCOHOL AND
30 LIQUOR LICENSEES.--
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1 IT SHALL BE UNLAWFUL--
2 * * *
3 (2) POSSESSION OR TRANSPORTATION OF LIQUOR OR ALCOHOL. FOR
4 ANY PERSON, EXCEPT A MANUFACTURER OR THE BOARD OR THE HOLDER OF
5 A SACRAMENTAL WINE LICENSE OR OF AN IMPORTER'S LICENSE, TO
6 POSSESS OR TRANSPORT ANY LIQUOR OR ALCOHOL WITHIN THIS
7 COMMONWEALTH WHICH WAS NOT LAWFULLY ACQUIRED PRIOR TO JANUARY
8 FIRST, ONE THOUSAND NINE HUNDRED AND THIRTY-FOUR, OR HAS NOT
9 BEEN PURCHASED FROM A PENNSYLVANIA LIQUOR STORE OR A LICENSED
10 LIMITED WINERY IN PENNSYLVANIA, EXCEPT IN ACCORDANCE WITH
11 SECTION 488 OR THE BOARD'S REGULATIONS. IN ADDITION, IT SHALL BE
12 LAWFUL FOR ANYONE TO POSSESS MINIATURES TOTALING LESS THAN ONE
13 GALLON PURCHASED IN ANOTHER STATE OR A FOREIGN COUNTRY. THE
14 BURDEN SHALL BE UPON THE PERSON POSSESSING OR TRANSPORTING SUCH
15 LIQUOR OR ALCOHOL TO PROVE THAT IT WAS SO ACQUIRED. [BUT NOTHING
16 HEREIN CONTAINED SHALL PROHIBIT THE MANUFACTURE OR POSSESSION OF
17 WINE BY ANY PERSON IN HIS HOME FOR CONSUMPTION OF HIMSELF, HIS
18 FAMILY AND GUESTS AND NOT FOR SALE, NOT EXCEEDING, DURING ANY
19 ONE CALENDAR YEAR, TWO HUNDRED GALLONS, ANY OTHER LAW TO THE
20 CONTRARY NOTWITHSTANDING. SUCH WINE SHALL NOT BE MANUFACTURED,
21 POSSESSED, OFFERED FOR SALE OR SOLD ON ANY LICENSED PREMISES.]
22 NOTWITHSTANDING THIS SECTION OR ANY OTHER PROVISION OF THE LAW,
23 WINE MAY BE PRODUCED BY ANY PERSON WITHOUT A LICENSE IF THE WINE
24 IS NOT PRODUCED FOR SALE AND TOTAL PRODUCTION DOES NOT EXCEED
25 TWO HUNDRED GALLONS PER CALENDAR YEAR. WINE PRODUCED IN
26 ACCORDANCE WITH THIS CLAUSE MAY BE USED AT ORGANIZED AFFAIRS,
27 EXHIBITIONS, COMPETITIONS, CONTESTS, TASTINGS OR JUDGING IF IT
28 IS NOT SOLD OR OFFERED FOR SALE.
29 NONE OF THE PROVISIONS HEREIN CONTAINED SHALL PROHIBIT NOR
30 SHALL IT BE UNLAWFUL FOR ANY PERSON TO IMPORT INTO PENNSYLVANIA,
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1 TRANSPORT OR HAVE IN HIS POSSESSION, AN AMOUNT OF LIQUOR NOT
2 EXCEEDING ONE GALLON IN VOLUME UPON WHICH A STATE TAX HAS NOT
3 BEEN PAID, IF IT CAN BE SHOWN TO THE SATISFACTION OF THE BOARD
4 THAT SUCH PERSON PURCHASED THE LIQUOR IN A FOREIGN COUNTRY OR
5 UNITED STATES TERRITORY AND WAS ALLOWED TO BRING IT INTO THE
6 UNITED STATES. NEITHER SHALL THE PROVISIONS CONTAINED HEREIN
7 PROHIBIT NOR MAKE IT UNLAWFUL FOR (I) ANY MEMBER OF THE ARMED
8 FORCES ON ACTIVE DUTY, OR (II) ANY RETIRED MEMBER OF THE ARMED
9 FORCES, OR (III) ANY TOTALLY DISABLED VETERAN, OR (IV) THE
10 SPOUSE OF ANY PERSON INCLUDED IN THE FOREGOING CLASSES OF
11 PERSONS TO IMPORT INTO PENNSYLVANIA, TRANSPORT OR HAVE IN HIS
12 POSSESSION AN AMOUNT OF LIQUOR NOT EXCEEDING ONE GALLON PER
13 MONTH IN VOLUME UPON WHICH THE STATE TAX HAS NOT BEEN PAID, SO
14 LONG AS SUCH LIQUOR HAS BEEN LAWFULLY PURCHASED FROM A PACKAGE
15 STORE ESTABLISHED AND MAINTAINED UNDER THE AUTHORITY OF THE
16 UNITED STATES AND IS IN CONTAINERS IDENTIFIED IN ACCORDANCE WITH
17 REGULATIONS ISSUED BY THE DEPARTMENT OF DEFENSE. SUCH LIQUOR
18 SHALL NOT BE POSSESSED, OFFERED FOR SALE OR SOLD ON ANY LICENSED
19 PREMISES.
20 NONE OF THE PROVISIONS HEREIN CONTAINED SHALL PROHIBIT NOR
21 SHALL IT BE UNLAWFUL FOR ANY CONSUL GENERAL, CONSUL OR OTHER
22 DIPLOMATIC OFFICER OF A FOREIGN GOVERNMENT TO IMPORT INTO
23 PENNSYLVANIA, TRANSPORT OR HAVE IN HIS POSSESSION LIQUOR UPON
24 WHICH A STATE TAX HAS NOT BEEN PAID, IF IT CAN BE SHOWN TO THE
25 SATISFACTION OF THE BOARD THAT SUCH PERSON ACQUIRED THE LIQUOR
26 IN A FOREIGN COUNTRY AND WAS ALLOWED TO BRING IT INTO THE UNITED
27 STATES. SUCH LIQUOR SHALL NOT BE POSSESSED, OFFERED FOR SALE OR
28 SOLD ON ANY LICENSED PREMISES.
29 ANY PERSON VIOLATING THE PROVISIONS OF THIS CLAUSE FOR A
30 FIRST OFFENSE INVOLVING THE POSSESSION OR TRANSPORTATION IN
20060H2376B4310 - 12 -
1 PENNSYLVANIA OF ANY LIQUOR IN A PACKAGE (BOTTLE OR OTHER
2 RECEPTACLE) OR WINE NOT PURCHASED FROM A PENNSYLVANIA LIQUOR
3 STORE OR FROM A LICENSED LIMITED WINERY IN PENNSYLVANIA, WITH
4 RESPECT TO WHICH SATISFACTORY PROOF IS PRODUCED THAT THE
5 REQUIRED FEDERAL TAX HAS BEEN PAID AND WHICH WAS PURCHASED,
6 PROCURED OR ACQUIRED LEGALLY OUTSIDE OF PENNSYLVANIA SHALL UPON
7 CONVICTION THEREOF IN A SUMMARY PROCEEDING BE SENTENCED TO PAY A
8 FINE OF TWENTY-FIVE DOLLARS ($25) FOR EACH SUCH PACKAGE, PLUS
9 COSTS OF PROSECUTION, OR UNDERGO IMPRISONMENT FOR A TERM NOT
10 EXCEEDING NINETY (90) DAYS. EACH FULL QUART OR MAJOR FRACTION
11 THEREOF SHALL BE CONSIDERED A SEPARATE PACKAGE (BOTTLE OR OTHER
12 RECEPTACLE) FOR THE PURPOSES OF THIS CLAUSE. SUCH PACKAGES OF
13 LIQUOR SHALL BE FORFEITED TO THE COMMONWEALTH IN THE MANNER
14 PRESCRIBED IN ARTICLE VI OF THIS ACT BUT THE VEHICLE, BOAT,
15 VESSEL, ANIMAL OR AIRCRAFT USED IN THE ILLEGAL TRANSPORTATION OF
16 SUCH PACKAGES SHALL NOT BE SUBJECT TO FORFEITURE: PROVIDED,
17 HOWEVER, THAT IF IT IS A SECOND OR SUBSEQUENT OFFENSE OR IF IT
18 IS ESTABLISHED THAT THE ILLEGAL POSSESSION OR TRANSPORTATION WAS
19 IN CONNECTION WITH A COMMERCIAL TRANSACTION, THEN THE OTHER
20 PROVISIONS OF THIS ACT PROVIDING FOR PROSECUTION AS A
21 MISDEMEANOR AND FOR THE FORFEITURE OF THE VEHICLE, BOAT, VESSEL,
22 ANIMAL OR AIRCRAFT SHALL APPLY.
23 * * *
24 SECTION 4 6. SECTION 493 OF THE ACT IS AMENDED BY ADDING A <--
25 CLAUSE TO READ:
26 SECTION 493. UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT AND
27 BREWED BEVERAGES AND LICENSEES.--THE TERM "LICENSEE," WHEN USED
28 IN THIS SECTION, SHALL MEAN THOSE PERSONS LICENSED UNDER THE
29 PROVISIONS OF ARTICLE IV, UNLESS THE CONTEXT CLEARLY INDICATES
30 OTHERWISE.
20060H2376B4310 - 13 -
1 IT SHALL BE UNLAWFUL--
2 * * *
3 (32) SALE OR PURCHASE OF ALCOHOL VAPORIZING DEVICES. FOR ANY
4 LICENSEE, HIS SERVANTS OR AGENTS OR EMPLOYES, TO POSSESS OR
5 PERMIT AN ALCOHOL VAPORIZING DEVICE ON THE LICENSED PREMISES.
6 SECTION 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
7 (1) THE AMENDMENT OR ADDITION OF SECTIONS 102 AND
8 493(32) OF THE ACT SHALL TAKE EFFECT IN 60 DAYS.
9 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
10 (3) THE ADDITION OF SECTIONS 411(F) AND 443(H) OF THE
11 ACT SHALL TAKE EFFECT IMMEDIATELY.
12 SECTION 7. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
13 (1) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
14 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
15 DAYS.
L13L47MSP/20060H2376B4310 - 14 -