PRINTER'S NO. 1389
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1298
Session of
2021
INTRODUCED BY MASSER, JONES, MALONEY, MILLARD, DRISCOLL,
R. BROWN, KEEFER, JAMES, MOUL, HERSHEY, WHEELAND AND ROWE,
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
Pennsylvania liquor stores, further providing for sales by
Pennsylvania liquor stores; and abrogating a regulation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 305(b) of the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, is amended to read:
Section 305. Sales by Pennsylvania Liquor Stores.--* * *
(b) Every Pennsylvania Liquor Store shall sell liquors at
wholesale to hotels, restaurants, clubs, and railroad, pullman
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and steamship companies licensed under this act; and, under the
regulations of the board, to pharmacists duly licensed and
registered under the laws of the Commonwealth, and to
manufacturing pharmacists, and to reputable hospitals approved
by the board, or chemists. Sales to licensees shall be made at a
price that includes a discount of ten per centum from the retail
price; except that special order sales to licensees authorized
in subsection (a) shall not be subject to the ten per centum
discount. The board may sell to registered pharmacists only such
liquors as conform to the Pharmacopoeia of the United States,
the National Formulary, or the American Homeopathic
Pharmacopoeia. The board may sell at special prices under the
regulations of the board, to United States Armed Forces
facilities which are located on United States Armed Forces
installations and are conducted pursuant to the authority and
regulations of the United States Armed Forces. All other sales
by such stores shall be at retail, except that incentives, such
as coupons or discounts on certain products, may be offered to
unlicensed customers of the board as provided under sections
207(m) and 493(24)(ii)(B). A person entitled to purchase liquor
at wholesale prices may purchase the liquor at any Pennsylvania
Liquor Store upon tendering cash, check or credit card for the
full amount of the purchase. For this purpose, the board shall
issue a discount card to each licensee identifying such licensee
as a person authorized to purchase liquor at wholesale prices.
Such discount card shall be retained by the licensee. The board
may contract through the Commonwealth bidding process for
delivery to wholesale licensees at the expense of the licensee
receiving the delivery. The board may not impose a minimum
retail cost for an order to be purchased at wholesale under this
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subsection.
* * *
Section 2. The regulation of the Liquor Control Board at 40
Pa. Code ยง 11.5 (relating to issuance of wholesale liquor
purchase permit cards) is abrogated insofar as it is
inconsistent with the amendment of section 305(b) of the act.
Section 3. This act shall take effect in 60 days.
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