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PRINTER'S NO. 2046
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1581
Session of
2019
INTRODUCED BY REESE, BERNSTINE, HERSHEY, PICKETT, MILLARD,
NELSON, WALSH, WARNER, STAATS, WHEELAND, DUNBAR, JONES,
MIHALEK AND ORTITAY, JUNE 7, 2019
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 7, 2019
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled "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, providing for wine or spirits 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, is amended by adding a section to read:
Section 417. Wine or Spirits Enhanced Permits.--(a) (1)
The board shall issue a wine or spirits enhanced permit to a
person holding and possessing a valid distributor or importing
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distributor license. Nothing in this section shall be construed
to prohibit a person possessing a valid distributor or importing
distributor license from acquiring both a wine enhanced permit
and a spirits enhanced permit.
(2) 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
or spirits may take place by an enhanced permit holder after
eleven o'clock postmeridian of any day until eight o'clock
antemeridian of the next day.
(3) No wine or spirits enhanced permit may be issued to a
license holder 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
or spirits 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.
(4) A wine or spirits enhanced permit holder must be in
compliance with the responsible alcohol management provisions
under section 471.1.
(5) A wine or spirits 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 or spirits. A wine or spirits 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
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"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).
(b) The initial application fee and renewal fees shall be as
follows:
(1) The initial application fee for a wine enhanced permit
issued to a licensee shall be five thousand dollars ($5,000).
(2) The annual renewal fee for a wine enhanced permit shall
be equal to two per centum (2%) of the costs of wine purchased
from the board.
(3) The initial application fee for a spirits enhanced
permit issued to a licensee shall be five thousand dollars
($5,000).
(4) The annual renewal fee for a spirits enhanced permit
shall be equal to two per centum (2%) of the costs of spirits
purchased from the board.
(c) A wine or spirits enhanced permit holder may sell
unlimited quantities of wine or spirits.
(d) All fees paid to the board under this section shall be
deposited into the General Fund.
(e) A wine or spirits enhanced permit holder selling wine or
spirits 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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