PRINTER'S NO. 3446
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2811
Session of
2022
INTRODUCED BY DOWLING, SCHLOSSBERG, RIGBY, BERNSTINE, STAMBAUGH,
BURGOS, N. NELSON, HENNESSEY, JONES, BONNER, MERCURI,
JOZWIAK, HERSHEY, COX, ECKER AND ZIMMERMAN, SEPTEMBER 9, 2022
REFERRED TO COMMITTEE ON LIQUOR CONTROL, SEPTEMBER 9, 2022
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 Control Board, providing for self-
exclusion.
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 218. Self-Exclusion.--(a) The board shall provide
by regulation for the establishment of a list of individuals
self-excluded from purchasing alcohol in this Commonwealth. Any
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individual may request placement on the list of self-excluded
individuals by acknowledging in a manner to be established by
the board. A request for self-exclusion shall contain the
following information of the individual:
(1) Name, including any aliases or nicknames.
(2) Date of birth.
(3) Address of current residence.
(4) Telephone number.
(5) Social Security number, when voluntarily provided.
(6) Physical description, including height, weight, gender,
hair color, eye color and any other physical characteristic that
may assist in identification.
(7) Government-issued photo identification.
(b) The board shall maintain the self-exclusion list under
subsection (a). A period of self-exclusion shall remain in
effect for a period of five years or until the individual
requesting self-exclusion voluntarily requests for the board to
remove the individual from the self-exclusion list. An
individual may renew their self-exclusion at any time. No
individual may place another individual on the self-exclusion
list maintained by the board. A court may not consider the self-
exclusion list under this section in any proceeding before the
court nor may a court order any individual to be added to the
self-exclusion list under this section.
(c) No licensed entity under this act or employe thereof may
be liable to any self-excluded person or to any other party in
any judicial proceeding for any harm, monetary or otherwise,
which may arise as a result of:
(1) the failure of a licensed entity or employe thereof to
withhold alcohol from or restore any privileges to a self-
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excluded person; or
(2) otherwise permitting or not permitting a self-excluded
individual to engage in prohibited activity in the facility or
participate in prohibited activity while on the list of self-
excluded persons.
(d) Notwithstanding any other law to the contrary, the
board's list of self-excluded persons shall not be open to
public inspection. Nothing in this section, however, shall be
construed to prohibit an entity licensed under this act from
disclosing the identity of individuals self-excluded under this
section to affiliated entities in this Commonwealth or other
jurisdictions for the limited purpose of assisting in the proper
administration of this act operated by affiliated licensed
entities under this act.
Section 2. This act shall take effect in 60 days.
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