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PRINTER'S NO. 194
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
97
Session of
2015
INTRODUCED BY FARNESE, TEPLITZ, YUDICHAK, VOGEL, BLAKE, HUGHES,
SCHWANK, COSTA, SMITH, WAGNER, TARTAGLIONE, RAFFERTY, ALLOWAY
AND PILEGGI, JANUARY 23, 2015
REFERRED TO LAW AND JUSTICE, JANUARY 23, 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 and liquor, alcohol and malt and
brewed beverages, further providing for shipment of wine into
Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 488 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 added February 21, 2002 (P.L.103,
No.10), is amended to read:
Section 488. Shipment of Wine [into Commonwealth].--(a) The
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shipment of wine [from out-of-State] to residents of this
Commonwealth [is prohibited, except as otherwise provided for
in] shall be governed by this section.
(b) Notwithstanding any other provision of this act or law
to the contrary, a person licensed by the board or another state
as a producer[, supplier, importer, wholesaler, distributor or
retailer] of wine and who obtains a direct wine shipper license
as provided for in this section may ship up to [nine] eighteen
liters per month of any wine [not included on the list provided
for in subsection (c)] on the Internet, telephone or mail order
of any resident of this Commonwealth who is at least twenty-one
(21) years of age for such resident's personal use and not for
resale.
(c) Each month, the board shall publish on the Internet a
list of all classes, varieties and brands of wine available for
sale in the Pennsylvania Liquor Stores. [A person holding a
direct shipper license may ship only those classes, varieties
and brands of wine not included on the list at the time an
Internet order is placed.]
(c.1) Prior to issuing a direct wine shipper license, the
board shall require the person seeking the license to:
(1) File an application with the board.
(2) Pay a one hundred dollar ($100) registration fee.
(3) Provide to the board a true copy of its current
alcoholic beverage license issued by the board or another state,
if applicable.
(4) Provide the board with any other information the board
deems necessary and appropriate.
(5) Provide documentation which evidences that it has
obtained a sales tax license from the Department of Revenue.
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(d) [An out-of-State] A direct wine shipper shall:
(1) Not ship more than [nine] eighteen liters per month on
the Internet, telephone or mail order of any person in this
Commonwealth.
(2) Report to the board each year the total of wine shipped
[into] to residents of this Commonwealth in the preceding
calendar year.
(3) Permit the board or the Secretary of Revenue, or their
designated representatives, to perform an audit of the [out-of-
State] direct wine shipper's records upon request.
(4) Be deemed to have submitted to the jurisdiction of the
board, any other State agency and the courts of this
Commonwealth for purposes of enforcement of this section and any
related laws, rules or regulations.
(5) Require proof of age of the recipient in a manner or
format approved by the board before any wine is shipped to a
resident of this Commonwealth.
(6) Ensure that all boxes or exterior containers of wine
shipped directly to a resident in this Commonwealth are
conspicuously labeled with the words "CONTAINS ALCOHOL:
SIGNATURE OF PERSON 21 YEARS OF AGE OR OLDER REQUIRED FOR
DELIVERY."
(7) Pay to the Department of Revenue all taxes due on sales
to residents of this Commonwealth. The amount of such taxes
shall be calculated as if the sales were in this Commonwealth at
the locations where delivery is made.
(8) Annually renew its license by paying a renewal fee
established by the board.
(e) A direct shipper may ship wine on the Internet or mail
order of a resident into this Commonwealth provided that the
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wine [is shipped to a Pennsylvania Liquor Store selected by the
resident. The wine will be subject to taxes in the same manner
as wine sold directly by the board. The wine will not be
released by the State store until all moneys due, including all
taxes and fees, have been paid by the resident.] will be subject
to all taxes due on sales to residents of this Commonwealth with
the amount of such taxes to be calculated as if the sale were in
this Commonwealth at the location where delivery is made.
(f) [A person shall sign an affidavit provided by the
Pennsylvania Liquor Store where the wine was delivered to
stating that the wine will only be used for the person's
personal use.] Any person who resells wine obtained under this
section commits a misdemeanor of the second degree.
(g) The board may promulgate such rules and regulations as
are necessary to implement and enforce the provisions of this
section. [The board may charge the resident a fee to cover the
cost associated with processing the Internet order.]
(h) The board shall submit [monthly] annual reports to the
Appropriations Committee and the Law and Justice Committee of
the Senate and to the Appropriations Committee and the Liquor
Control Committee of the House of Representatives summarizing
the number of direct shipper licenses issued by the board[,] and
the quantity of wine sold by direct wine shippers pursuant to
this section [and the total dollar value of sales under this
section].
(i) The term "wine" as used in this section shall mean
liquor which is fermented from grapes and other fruits, having
alcoholic content of twenty-four per centum or less. The term
"wine" shall not include malt or brewed beverages nor shall wine
include any products containing alcohol derived from malt,
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grain, cereal, molasses or cactus.
(j) The term " direct wine shipper " as used in this section
shall mean a wine producer who holds a direct wine shipper
license as provided in this section and includes a limited
winery.
Section 2. This act shall take effect in 60 days.
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