1Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2reenacted, "An act relating to alcoholic liquors, alcohol and
3malt and brewed beverages; amending, revising, consolidating
4and changing the laws relating thereto; regulating and
5restricting the manufacture, purchase, sale, possession,
6consumption, importation, transportation, furnishing, holding
7in bond, holding in storage, traffic in and use of alcoholic
8liquors, alcohol and malt and brewed beverages and the
9persons engaged or employed therein; defining the powers and
10duties of the Pennsylvania Liquor Control Board; providing
11for the establishment and operation of State liquor stores,
12for the payment of certain license fees to the respective
13municipalities and townships, for the abatement of certain
14nuisances and, in certain cases, for search and seizure
15without warrant; prescribing penalties and forfeitures;
16providing for local option, and repealing existing laws,"
17further providing for general powers of the Pennsylvania
18Liquor Control Board, for when sales may be made at
19Pennsylvania Liquor Stores, for revocation and suspension of
20licenses and fines and for unlawful acts relative to liquor,
21malt and brewed beverages and licensees.

22The General Assembly of the Commonwealth of Pennsylvania
23hereby enacts as follows:

24Section 1.  Section 207 of the act of April 12, 1951 (P.L.90,
25No.21), known as the Liquor Code, reenacted and amended June 29,
261987 (P.L.32, No.14), is amended by adding a subsection to read:

27Section 207.  General Powers of Board.--Under this act, the

1board shall have the power and its duty shall be:

2* * *

3(l)  To establish and implement a customer relations
4marketing program for the purpose of offering incentives, such
5as coupons or discounts on certain products, to customers of the
6board.

7Section 2.  Section 304(b) of the act, amended December 8,
82004 (P.L.1810, No.239), is amended to read:

9Section 304.  When Sales May Be Made at Pennsylvania Liquor
10Stores.--* * *

11(b)  Certain Pennsylvania Liquor Stores operated by the board 
12shall be open for Sunday retail sales between the hours of noon 
13and [five] nine o'clock postmeridian, except that no Sunday 
14sales shall occur on Easter Sunday or Christmas day. The board 
15shall open [up to twenty-five per centum of the total number of 
16Pennsylvania Liquor Stores] at its discretion as many 
17Pennsylvania Liquor Stores as it deems necessary for Sunday 
18sales as provided for in this subsection. The board shall submit 
19yearly reports to the Appropriations and the Law and Justice 
20Committees of the Senate and the Appropriations and the Liquor 
21Control Committees of the House of Representatives summarizing 
22the total dollar value of sales under this section.

23Section 3.  Section 471(b) of the act, amended July 6, 2005
24(P.L.135, No.39), is amended to read:

25Section 471.  Revocation and Suspension of Licenses; Fines.--
26* * *

27(b)  Hearing on such citations shall be held in the same
28manner as provided herein for hearings on applications for
29license. Upon such hearing, if satisfied that any such violation
30has occurred or for other sufficient cause, the administrative

1law judge shall immediately suspend or revoke the license, or
2impose a fine of not less than [fifty dollars ($50)] one hundred 
3dollars ($100) nor more than [one thousand dollars ($1,000)] two 
4thousand dollars ($2,000), or both, notifying the licensee by
5registered letter addressed to his licensed premises. If the
6licensee has been cited and found to have violated section
7493(1) insofar as it relates to sales to minors or sales to a
8visibly intoxicated person, section 493(10) insofar as it
9relates to lewd, immoral or improper entertainment or section
10493(14), (16) or (21), or has been found to be a public nuisance
11pursuant to section 611, or if the owner or operator of the
12licensed premises or any authorized agent of the owner or
13operator has been convicted of any violation of the act of April 
1414, 1972 (P.L.233, No.64), known as "The Controlled Substance,
15Drug, Device and Cosmetic Act," or of 18 Pa.C.S. § 5902
16(relating to prostitution and related offenses) or 6301
17(relating to corruption of minors), at or relating to the
18licensed premises, the administrative law judge shall
19immediately suspend or revoke the license, or impose a fine of
20not less than [one thousand dollars ($1,000)] five thousand 
21dollars ($5,000) nor more than [five thousand dollars ($5,000)]
22ten thousand dollars ($10,000), or both. However, if a licensee
23has been cited and found to have violated section 493(1) as it
24relates to sales to minors or sales to a visibly intoxicated
25person but at the time of the sale the licensee was in
26compliance with the requirements set forth in section 471.1 and
27the licensee had not sold to minors or visibly intoxicated
28persons in the previous four years, then the administrative law
29judge shall immediately suspend or revoke the license, or impose
30a fine of not less than [fifty dollars ($50)] one hundred 

1dollars ($100) nor more than [one thousand dollars ($1,000)] two 
2thousand dollars ($2,000), or both. The administrative law judge
3shall notify the licensee by registered mail, addressed to the
4licensed premises, of such suspension, revocation or fine. In
5the event the fine is not paid within twenty days of the
6adjudication, the administrative law judge shall suspend or
7revoke the license, notifying the licensee by registered mail
8addressed to the licensed premises. Suspensions and revocations
9shall not go into effect until thirty days have elapsed from the
10date of the adjudication during which time the licensee may take
11an appeal as provided for in this act, except that revocations
12mandated in section 481(c) shall go into effect immediately. Any
13licensee whose license is revoked shall be ineligible to have a
14license under this act until the expiration of three years from
15the date such license was revoked. In the event a license is
16revoked, no license shall be granted for the premises or
17transferred to the premises in which the said license was
18conducted for a period of at least one year after the date of
19the revocation of the license conducted in the said premises,
20except in cases where the licensee or a member of his immediate
21family is not the owner of the premises, in which case the board
22may, in its discretion, issue or transfer a license within the
23said year. In the event the bureau or the person who was fined
24or whose license was suspended or revoked shall feel aggrieved
25by the adjudication of the administrative law judge, there shall
26be a right to appeal to the board. The appeal shall be based
27solely on the record before the administrative law judge. The
28board shall only reverse the decision of the administrative law
29judge if the administrative law judge committed an error of law,
30abused its discretion or if its decision is not based on

1substantial evidence. In the event the bureau or the person who
2was fined or whose license was suspended or revoked shall feel
3aggrieved by the decision of the board, there shall be a right
4to appeal to the court of common pleas in the same manner as
5herein provided for appeals from refusals to grant licenses.
6Each of the appeals shall act as a supersedeas unless, upon
7sufficient cause shown, the reviewing authority shall determine
8otherwise; however, if the licensee has been cited and found to
9have violated section 493(1) insofar as it relates to sales to
10minors or sales to a visibly intoxicated person, section 493(10)
11insofar as it relates to lewd, immoral or improper entertainment
12or section 493(14), (16) or (21), or has been found to be a
13public nuisance pursuant to section 611, or if the owner or
14operator of the licensed premises or any authorized agent of the
15owner or operator has been convicted of any violation of "The
16Controlled Substance, Drug, Device and Cosmetic Act," or of 18 
17Pa.C.S. § 5902 or 6301, at or relating to the licensed premises,
18or if the license has been revoked under section 481(c), its
19appeal shall not act as a supersedeas unless the reviewing
20authority determines otherwise upon sufficient cause shown. In
21any hearing on an application for a supersedeas under this
22section, the reviewing authority may consider, in addition to
23other relevant evidence, documentary evidence, including records
24of the bureau, showing the prior history of citations, fines,
25suspensions or revocations against the licensee; and the
26reviewing authority may also consider, in addition to other
27relevant evidence, evidence of any recurrence of the unlawful
28activity occurring between the date of the citation which is the
29subject of the appeal and the date of the hearing. If the
30reviewing authority is the board, no hearing shall be held on

1the application for a supersedeas; however, a decision shall be
2made based on the application, answer and documentary evidence
3under this subsection. If the application for a supersedeas is
4for a license that has been revoked under section 481(c), the
5reviewing authority shall grant the supersedeas only if it finds
6that the licensee will likely prevail on the merits. No penalty
7provided by this section shall be imposed for any violations
8provided for in this act unless the bureau notifies the licensee
9of its nature within thirty days of the completion of the
10investigation.

11* * *

12Section 4.  Section 493(24) of the act, amended November 29,
132006 (P.L.1421, No.155), is amended to read:

14Section 493.  Unlawful Acts Relative to Liquor, Malt and
15Brewed Beverages and Licensees.--The term "licensee," when used
16in this section, shall mean those persons licensed under the
17provisions of Article IV, unless the context clearly indicates
18otherwise.

19It shall be unlawful--

20* * *

21(24)  (i)  Things of Value Offered as Inducement. Except as
22provided in subclause (ii), for any licensee under the
23provisions of this article, or the board or any manufacturer, or
24any employe or agent of a manufacturer, licensee or of the
25board, to offer to give anything of value or to solicit or
26receive anything of value as a premium for the return of caps,
27stoppers, corks, stamps or labels taken from any bottle, case,
28barrel or package containing liquor or malt or brewed beverage,
29or to offer or give or solicit or receive anything of value as a
30premium or present to induce directly the purchase of liquor or

1malt or brewed beverage, or for any licensee, manufacturer or
2other person to offer or give to trade or consumer buyers any
3prize, premium, gift or other inducement to purchase liquor or
4malt or brewed beverages, except advertising novelties of
5nominal value which the board shall define. This section shall
6not prevent any manufacturer or any agent of a manufacturer from
7offering and honoring coupons which offer monetary rebates on
8purchases of wines and spirits through State Liquor Stores or
9purchases of malt or brewed beverages through distributors and
10importing distributors in accordance with conditions or
11regulations established by the board. The board may redeem
12coupons offered by a manufacturer or an agent of a manufacturer
13at the time of purchase. Coupons offered by a manufacturer or an
14agent of a manufacturer shall not be redeemed without proof of
15purchase. This section shall not apply to the return of any
16monies specifically deposited for the return of the original
17container to the owners thereof.

18(ii)  Notwithstanding subclause (i) or any other provision of 
19law, a holder of a restaurant license that is also approved to 
20hold a slot machine license or a conditional slot machine 
21license under 4 Pa.C.S. Part II (relating to gaming) may give 
22liquor and malt or brewed beverages free of charge to any person 
23actively engaged in playing a slot machine.

24(iii)  Notwithstanding subclause (i) or any other provision 
25of law, the board may establish and implement a customer 
26relations marketing program for the purpose of offering 
27incentives, such as coupons or discounts on certain products 
28that may be conditioned upon the purchase of liquor, to 
29customers of the board.

30* * *

1Section 5.  This act shall take effect in 60 days.