PRINTER'S NO. 893
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
757
Session of
2015
INTRODUCED BY HACKETT, JAMES, SAYLOR, KAUFFMAN, D. COSTA,
SCHREIBER, V. BROWN, DAVIS, BARRAR, WATSON, GROVE,
M. K. KELLER, CARROLL, DeLUCA, GABLER, A. HARRIS, SIMMONS AND
KINSEY, MARCH 9, 2015
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 9, 2015
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," in
licenses and regulations, liquor, alcohol and malt and brewed
beverages, further providing for unlawful acts relative to
liquor, alcohol and liquor licensees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 491 introductory paragraph and (2) 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) and amended
July 5, 2012 (P.L.1007, No.116), are amended and the section is
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amended by adding a subsection to read:
Section 491. Unlawful Acts Relative to Liquor, Alcohol and
Liquor Licensees.--(a) It shall be unlawful--
* * *
(2) (i) Possession or Transportation of Liquor or Alcohol.
For any person, except a manufacturer or the board or the holder
of a sacramental wine license or of an importer's license, to
possess or transport any liquor or alcohol within this
Commonwealth which was not lawfully acquired prior to January
first, one thousand nine hundred and thirty-four, or has not
been purchased from a Pennsylvania Liquor Store or a licensed
limited winery in Pennsylvania, except in accordance with
section 488 or the board's regulations. In addition, it shall be
lawful for anyone to possess miniatures totaling less than one
gallon purchased in another state or a foreign country. The
burden shall be upon the person possessing or transporting such
liquor or alcohol to prove that it was so acquired.
Notwithstanding this section or any other provision of the law,
wine may be produced by any person without a license if the wine
is not produced for sale and total production does not exceed
two hundred gallons per calendar year. Wine produced in
accordance with this clause may be used at organized affairs,
exhibitions, competitions, contests, tastings or judgings if it
is not sold or offered for sale.
(ii) None of the provisions herein contained shall prohibit
nor shall it be unlawful for any person to import into
Pennsylvania, transport or have in his possession, an amount of
liquor not exceeding one gallon in volume upon which a State tax
has not been paid, if it can be shown to the satisfaction of the
board that such person purchased the liquor in a foreign country
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or United States territory and was allowed to bring it into the
United States. Neither shall the provisions contained herein
prohibit nor make it unlawful for [(i)] (A) any member of the
armed forces on active duty, or [(ii)] (B) any retired member of
the armed forces, or [(iii)] (C) any totally disabled veteran,
or [(iv)] (D) the spouse of any person included in the foregoing
classes of persons to import into Pennsylvania, transport or
have in his possession an amount of liquor not exceeding one
gallon per month in volume upon which the State tax has not been
paid, so long as such liquor has been lawfully purchased from a
package store established and maintained under the authority of
the United States and is in containers identified in accordance
with regulations issued by the Department of Defense. Such
liquor shall not be possessed, offered for sale or sold on any
licensed premises. The term "package store" as used in this
clause shall mean those retail operations located on any of the
United States military installations, including an installation
of the Army, Navy, Air Force, Marine Corps or Coast Guard.
(iii) None of the provisions herein contained shall prohibit
nor shall it be unlawful for any consul general, consul or other
diplomatic officer of a foreign government to import into
Pennsylvania, transport or have in his possession liquor upon
which a State tax has not been paid, if it can be shown to the
satisfaction of the board that such person acquired the liquor
in a foreign country and was allowed to bring it into the United
States. Such liquor shall not be possessed, offered for sale or
sold on any licensed premises.
(iv) Any person violating the provisions of this clause for
a first offense involving the possession or transportation in
Pennsylvania of any liquor in a package (bottle or other
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receptacle) or wine not purchased from a Pennsylvania Liquor
Store or from a licensed limited winery in Pennsylvania, with
respect to which satisfactory proof is produced that the
required Federal tax has been paid and which was purchased,
procured or acquired legally outside of Pennsylvania shall upon
conviction thereof in a summary proceeding be sentenced to pay a
fine of twenty-five dollars ($25) for each such package, plus
costs of prosecution, or undergo imprisonment for a term not
exceeding ninety (90) days. Each full quart or major fraction
thereof shall be considered a separate package (bottle or other
receptacle) for the purposes of this clause. Such packages of
liquor shall be forfeited to the Commonwealth in the manner
prescribed in Article VI of this act but [the] shall be returned
to the person if the person pays all State taxes on the liquor
to the Department of Revenue. The vehicle, boat, vessel, animal
or aircraft used in the illegal transportation of such packages
shall not be subject to forfeiture: Provided, however, That if
it is a second or subsequent offense or if it is established
that the illegal possession or transportation was in connection
with a commercial transaction, then the other provisions of this
act providing for prosecution as a misdemeanor and for the
forfeiture of the vehicle, boat, vessel, animal or aircraft
shall apply.
* * *
(b) (1) Nothing in this section shall be construed to
prohibit any resident of this Commonwealth not licensed under
this act to purchase liquor outside of this Commonwealth so
long as the resident pays all State taxes on the liquor to
the Department of Revenue and the liquor is not shipped into
this Commonwealth.
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(2) Nothing in this section shall be construed to prohibit
any resident of this Commonwealth not licensed under this act
from being reimbursed for the price of liquor purchased in
another state from another resident of this Commonwealth as
provided in clause (1) so long as the amount reimbursed is no
more than the purchase price of the liquor and the liquor is not
shipped into this Commonwealth.
Section 2. This act shall take effect in 60 days.
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