PRINTER'S NO. 2049
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1359
Session of
2015
INTRODUCED BY KILLION, BARTOLOTTA, DINNIMAN, EICHELBERGER,
GORDNER, RAFFERTY, SCHWANK, VANCE AND WHITE,
SEPTEMBER 6, 2016
REFERRED TO LAW AND JUSTICE, SEPTEMBER 6, 2016
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 relating to liquor, alcohol and malt
and brewed beverages, providing for wine enhanced permits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. 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 by adding a section to read:
Section 417. Wine Enhanced Permits.--(a) The board shall
issue a wine enhanced permit to a person holding and possessing
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a valid distributor or importing distributor license.
(b) No wine enhanced permit may be issued to a licensee
whose underlying license is subject to a pending objection by
the Director of the Bureau of Licensing or the board under
section 470(a.1), until the matter is decided. Notwithstanding
any other provision of law, a holder of a wine enhanced permit
may continue to operate under the permit if its underlying
license is objected to by the Director of the Bureau of
Licensing or the board under section 470(a.1), until the matter
is decided.
(c) The application and renewal fee for a wine enhanced
permit shall be as follows:
(1) An initial application fee of two thousand dollars
($2,000).
(2) An annual renewal fee equal to two per centum of the
cost of wine purchased from the board for off-premises
consumption.
(d) Nothing in this section may affect the ability of an
existing licensee to operate within the scope of its current
license as authorized by this act, except that no sales of wine
for consumption off the premises may take place by a wine
enhanced permit holder after eleven o'clock postmeridian of any
day until eight o'clock antemeridian of the next day.
(e) If the board has approved the operation of another
business that has an inside passage or communication to or with
the licensed premises, the sale and purchase of wine shall be
confined strictly to the premises, in a specifically designated
area covered by the license. The purchase of goods obtained from
the unlicensed area of the premises shall be permitted in the
licensed area. Notwithstanding this paragraph, a distributor or
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importing distributor with a valid wine enhanced permit may sell
wine at a location not covered by the distributor's or importing
distributor's license as approved by the board.
(f) A wine enhanced permit holder shall utilize a
transaction scan device to verify the age of an individual who
appears to be under thirty-five years of age before making a
sale of wine. A wine enhanced permit holder may not sell or
share data from the use of a transaction scan device, provided
that the licensee may use the data to show the enforcement
bureau of the board that the licensee is in compliance with this
act. As used in this paragraph, the term "transaction scan
device" means a device capable of deciphering, in an
electronically readable format, the information encoded on the
magnetic strip or bar code of an identification card under
section 495(a).
(g) A wine enhanced permit holder must be in compliance with
the responsible alcohol management provisions under section
471.1.
(h) A wine enhanced permit holder may sell for off-premises
consumption, in a single transaction, up to three thousand
(3,000) milliliters of wine.
(i) A wine enhanced permit holder selling wine for
consumption off the premises shall be required to obtain a sales
tax permit from the Department of Revenue.
(j) A wine enhanced permit holder selling wine for
consumption off the premises shall be considered a Pennsylvania
liquor store for purposes of collecting and remitting the taxes
under Article II of the act of March 4, 1971 (P.L.6, No.2),
known as the "Tax Reform Code of 1971."
Section 2. This act shall take effect in 60 days.
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