THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PAYNE, D. COSTA, EVERETT, FLECK, HELM, MAJOR, MILLARD, MOUL, MURT, O'NEILL, READSHAW, REICHLEY, SIPTROTH, SONNEY, J. TAYLOR, VULAKOVICH AND K. SMITH, OCTOBER 14, 2009

REFERRED TO COMMITTEE ON LIQUOR CONTROL, OCTOBER 14, 2009  

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "An act relating to alcoholic liquors, alcohol and

malt and brewed beverages; amending, revising, consolidating

and changing the laws relating thereto; regulating and

restricting the manufacture, purchase, sale, possession,

consumption, importation, transportation, furnishing, holding

in bond, holding in storage, traffic in and use of alcoholic

liquors, alcohol and malt and brewed beverages and the

persons engaged or employed therein; defining the powers and

duties of the Pennsylvania Liquor Control Board; providing

for the establishment and operation of State liquor stores,

for the payment of certain license fees to the respective

municipalities and townships, for the abatement of certain

nuisances and, in certain cases, for search and seizure

without warrant; prescribing penalties and forfeitures;

providing for local option, and repealing existing laws,"

further providing for general powers of the board.

The General Assembly finds and declares as follows:

This act shall be construed as an enactment of the General

Assembly's support for the repeal of the act of June 9, 1936

(Sp.Sess., P.L.13, No.4), entitled, as reenacted and amended,

"An act imposing an emergency State tax on liquor, as herein

defined, sold by the Pennsylvania Liquor Control Board;

providing for the collection and payment of such tax; and

imposing duties upon the Department of Revenue and the

Pennsylvania Liquor Control Board; providing for the collection

and payment of such tax; and imposing duties on the Department

of Revenue and the Liquor Control Board, further providing for

the rate of taxation," and an increase of the profits remitted

to the State Treasury.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 207(b) of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, reenacted and amended

June 29, 1987 (P.L.32, No.14), is amended to read:

Section 207.  General Powers of Board.--Under this act, the

board shall have the power and its duty shall be:

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(b)  To control the manufacture, possession, sale,

consumption, importation, use, storage, transportation and

delivery of liquor, alcohol and malt or brewed beverages in

accordance with the provisions of this act, and to fix the

wholesale and retail prices at which liquors and alcohol shall

be sold at Pennsylvania Liquor Stores. Prices shall be

[proportional with prices paid by the board to its suppliers and

shall reflect any advantage obtained through volume purchases by

the board. The board may establish a preferential price

structure for wines produced within this Commonwealth for the

promotion of such wines, as long as the price structure is

uniform within each class of wine purchased by the board] as set

forth by the board so long as the price of a particular item is

uniform throughout the Commonwealth. The board shall require

each Pennsylvania manufacturer and each nonresident manufacturer

of liquors, other than wine, selling such liquors to the board,

which are not manufactured in this Commonwealth, to make

application for and be granted a permit by the board before such

liquors not manufactured in this Commonwealth shall be purchased

from such manufacturer. Each such manufacturer shall pay for

such permit a fee which, in the case of a manufacturer of this

Commonwealth, shall be equal to that required to be paid, if

any, by a manufacturer or wholesaler of the state, territory or

country of origin of the liquors, for selling liquors

manufactured in Pennsylvania, and in the case of a nonresident

manufacturer, shall be equal to that required to be paid, if

any, in such state, territory or country by Pennsylvania

manufacturers doing business in such state, territory or

country. In the event that any such manufacturer shall, in the

opinion of the board, sell or attempt to sell liquors to the

board through another person for the purpose of evading this

provision relating to permits, the board shall require such

person, before purchasing liquors from him or it, to take out a

permit and pay the same fee as hereinbefore required to be paid

by such manufacturer. All permit fees so collected shall be paid

into the State Stores Fund. The board shall not purchase any

alcohol or liquor fermented, distilled, rectified, compounded or

bottled in any state, territory or country, the laws of which

result in prohibiting the importation therein of alcohol or

liquor, fermented, distilled, rectified, compounded or bottled

in Pennsylvania.

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Section 2.  This act shall take effect in 60 days.