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A02814
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
221
Session of
2023
INTRODUCED BY SMITH, NEILSON AND ARMANINI, MARCH 17, 2023
AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 30, 2023
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, further providing for
enforcement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 211(g)(4) of the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, is amended to read:
SECTION 1. SECTION 211 OF THE ACT OF APRIL 12, 1951 (P.L.90,
NO.21), KNOWN AS THE LIQUOR CODE, IS AMENDED BY ADDING A
SUBSECTION TO READ:
Section 211. Enforcement.--* * *
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(g) The following shall apply:
* * *
(4) The provisions of this subsection shall expire December
31, [2022] 2027.
(H) THE FOLLOWING SHALL APPLY:
(1) AN INDIVIDUAL WHO IS UNDER TWENTY-ONE YEARS OF AGE MAY
PURCHASE, ATTEMPT TO PURCHASE, POSSESS OR TRANSPORT LIQUOR OR
MALT OR BREWED BEVERAGES IF ALL OF THE FOLLOWING APPLY:
(I) THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF AGE.
(II) THE INDIVIDUAL IS AN OFFICER, EMPLOYE OR INTERN OF THE
ENFORCEMENT BUREAU.
(III) THE INDIVIDUAL HAS COMPLETED TRAINING SPECIFIED BY THE
ENFORCEMENT BUREAU.
(IV) THE INDIVIDUAL IS ACTING WITHIN THE SCOPE OF PRESCRIBED
DUTIES.
(V) THE INDIVIDUAL IS ACTING UNDER THE DIRECT CONTROL OR
SUPERVISION OF AN ENFORCEMENT BUREAU OFFICER WHO IS AN ADULT.
(2) INDIVIDUALS UNDER TWENTY-ONE YEARS OF AGE MAY NOT
CONSUME LIQUOR OR MALT OR BREWED BEVERAGES.
(3) THE PENNSYLVANIA STATE POLICE SHALL PROMULGATE
REGULATIONS PRESCRIBING THE MANNER IN WHICH COMPLIANCE CHECKS
ARE TO BE PERFORMED. COMPLIANCE CHECKS UNDER THIS SUBSECTION
SHALL BE CONDUCTED IN A MANNER CONSISTENT WITH THE REGULATIONS.
REGULATIONS SHALL REQUIRE, AT A MINIMUM, ALL OF THE FOLLOWING:
(I) PRIOR TO PARTICIPATION IN THE COMPLIANCE CHECK, THE
OFFICER, EMPLOYE OR INTERN SHALL UNDERGO TRAINING APPROVED BY
THE ENFORCEMENT BUREAU.
(ii) Compliance checks shall include Pennsylvania L iquor
Stores.
(II) (iii) A PERSON LICENSED TO SELL LIQUOR OR MALT OR
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BREWED BEVERAGES THAT IS FOUND TO BE IN COMPLIANCE WITH 18
PA.C.S. § 6310.1 (RELATING TO SELLING OR FURNISHING LIQUOR OR
MALT OR BREWED BEVERAGES TO MINORS) AND SECTION 493(1) DURING A
COMPLIANCE CHECK SHALL BE NOTIFIED IN WRITING OF THE COMPLIANCE
CHECK AND THE DETERMINATION OF COMPLIANCE.
(III) (iv) A PERSON LICENSED TO SELL LIQUOR OR MALT OR BREWED
BEVERAGES THAT IS FOUND TO BE NONCOMPLIANT WITH 18 PA.C.S. §
6310.1 OR SECTION 493(1) DURING A COMPLIANCE CHECK SHALL BE
IMMEDIATELY VERBALLY ADVISED BY THE SUPERVISING ENFORCEMENT
BUREAU OFFICER AND SHALL BE NOTIFIED IN WRITING OF THE FAILURE
TO COMPLY WITHIN TEN WORKING DAYS OF THE DATE OF THE COMPLIANCE
CHECK.
(4) By January 31 of each year, the Pennsylvania State
Police shall submit a report to the chairperson and minority
chairperson of the Law and Justice Committee of the Senate and
the chairperson and minority chairperson of the Liquor Control
Committee of the House of Representatives on the number of
compliance checks performed in the previous calendar year and
whether the result of each compliance check was compliant or
noncompliant.
(4) (5) THE PROVISIONS OF THIS SUBSECTION SHALL EXPIRE FIVE
YEARS FROM THE EFFECTIVE DATE OF THIS SUBSECTION.
Section 2. This act shall take effect in 60 days.
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