PRINTER'S NO. 1388
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1297
Session of
2021
INTRODUCED BY MASSER, DRISCOLL, T. DAVIS, MILLARD, ROWE,
HEFFLEY, JOZWIAK AND KEEFER, APRIL 27, 2021
REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 27, 2021
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, further providing for wine expanded permits
and for prepared beverages and mixed drinks for off-premises
consumption during disaster emergency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 415(a)(8) of the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, is amended to read:
Section 415. Wine Expanded Permits.--(a) * * *
(8) [A] Unless presented with a valid armed forces of the
United States identification card, a wine expanded permit holder
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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] at the point of sale of wine or
at the point of delivery of wine. A wine expanded 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).
* * *
Section 2. Section 417(a)(5) of the act, added May 21, 2020
(P.L.149, No.21), is amended to read:
Section 417. Prepared Beverages and Mixed Drinks for Off-
Premises Consumption During Disaster Emergency.--(a) The
following shall apply:
* * *
(5) Within sixty (60) days of the effective date of this
section, u nless presented with a valid armed forces of the
United States identification card, a licensee selling prepared
beverages and mixed drinks for off-premises consumption shall
begin utilizing a transaction scan device to verify the age of
an individual who appears to be under thirty-five (35) years of
age [before making a sale of prepared beverages and mixed
drinks] at the point of sale of prepared beverages and mixed
drinks or at the point of delivery of prepared beverages and
mixed drinks for off-premises consumption. A licensee may not
sell or share consumers' personal data from the use of a
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transaction scan device, provided that the licensee may share
the data with the enforcement bureau of the board as evidence
that the licensee is in compliance with this paragraph.
* * *
Section 3. This act shall take effect in 60 days.
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