THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY REED, BARRAR, BEYER, BRENNAN, BROOKS, CARROLL, CAUSER, CLYMER, DONATUCCI, FAIRCHILD, GIBBONS, GRELL, GROVE, HALUSKA, HARKINS, HENNESSEY, LONGIETTI, MELIO, MILLER, MOUL, MUSTIO, PAYNE, PICKETT, PYLE, REICHLEY, ROAE, ROHRER, SCAVELLO, SIPTROTH, SONNEY, SWANGER, TURZAI, VULAKOVICH, FLECK, WANSACZ, EVERETT AND ELLIS, JANUARY 27, 2009

AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 11, 2009   

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "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," 

further defining "eligible entity"; adding definitions; and 

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further providing for sales by Pennsylvania Liquor Stores,

for sales by liquor licensees and restrictions, for

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sacramental wine licenses, fees, privileges and restrictions,

for distributors' and importing distributors' restrictions

and for unlawful acts relative to liquor, malt and brewed

beverages and licensees.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 102 of the act of April 12, 1951 (P.L.90,

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No.21), known as the Liquor Code, reenacted and amended June 29,

1987 (P.L.32, No.14), is amended by adding definitions to read:

Section 1.  The definition of "eligible entity" in section 

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102 of the act of April 12, 1951 (P.L.90, No.21), known as the

Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14)

and amended November 29, 2006 (P.L.1421, No.155), is amended and

the section is amended by adding definitions to read:

Section 102.  Definitions.--The following words or phrases,

unless the context clearly indicates otherwise, shall have the

meanings ascribed to them in this section:

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"Eligible entity" shall mean a city of the third class, a

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hospital, a church, a synagogue, a volunteer fire company, a

volunteer ambulance company, a volunteer rescue squad, a unit of

a nationally chartered club which has been issued a club liquor

license, a club in a city of the third class which has been

issued a club liquor license and which, as of December 31, 2002,

has been in existence for at least 100 years, a library, a

nationally accredited Pennsylvania nonprofit zoological

institution licensed by the United States Department of

Agriculture, a nonprofit agricultural association in existence

for at least ten years, a bona fide sportsmen's club in

existence for at least ten years, a nationally chartered

veterans' organization and any affiliated lodge or subdivision

of such organization, a fraternal benefit society that is

licensed to do business in this Commonwealth and any affiliated

lodge or subdivision of such fraternal benefit society, a museum

operated by a nonprofit corporation in a city of the third class

or township of the first class, a nonprofit corporation engaged

in the performing arts in a city of the third class, borough or

in an incorporated town, an arts council, a nonprofit

corporation that operates an arts facility or museum in a city

of the third class in the county of the fourth class, a

nonprofit organization as defined under section 501(c)(3) of the

Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §

501(c)(3)) whose purpose is to protect the architectural

heritage of boroughs and which has been recognized as such by a

municipal resolution, a nonprofit organization as defined under

section 501(c)(3) of the Internal Revenue Code of 1986 (Public

Law 99-514, 26 U.S.C. § 501(c)(3)) conducting a regatta in a

city of the second class with the permit to be used on State

park grounds or conducting a family-oriented celebration as part

of Welcome America in a city of the first class on property

leased from that city for more than fifty years, a nonprofit

organization as defined under section 501(c)(3) of the Internal

Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to

raise funds for the research and treatment of cystic fibrosis, a

nonprofit organization as defined under section 501(c)(3) of the

Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose

purpose is to educate the public on issues dealing with

watershed conservation, a nonprofit organization as defined

under section 501(c)(3) of the Internal Revenue Code of 1986

(Public Law 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to

provide equine assisted activities for children and adults with

special needs, a nonprofit economic development agency in a city

of the second class with the primary function to serve as an

economic generator for the greater southwestern Pennsylvania

region by attracting and supporting film, television and related

media industry projects and coordinating government and business

offices in support of a production, a county tourist promotion

agency as defined in section 3(1) of the act of April 28, 1961

(P.L.111, No.50), known as the "Tourist Promotion Law," and

located in a city of the third class in a county of the fourth

class or located in a township of the second class in a county

of the fifth class, a junior league in a third class county that

is a nonprofit organization as defined under section 501(c)(3)

of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3))

that is comprised of women whose purpose is exclusively

educational and charitable in promoting the volunteerism of

women and developing and participating in community projects and

that has been in existence for over seventy years [or], a

nonprofit organization as defined under section 501(C)(6) of the

Internal Revenue Code of 1986 which is located in a city of the

third class in a county of the third class and whose purpose is

to support business and industry or a nonprofit organization as

defined under section 501(c)(3) of the Internal Revenue Code of

1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) which is located

in a borough in a county of the third class and whose purpose is

to promote mushrooms while supporting local and regional

charities.

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"Gift card" shall have the meaning given to it in section

1301.1 of the act of April 9, 1929 (P.L.343, No.176), known as

"The Fiscal Code."

"Gift certificate" shall have the meaning given to it in

section 1301.1 of the act of April 9, 1929 (P.L.343, No.176),

known as "The Fiscal Code."

* * *

Section 2.  Section 305 of the act is amended by adding a

subsection to read:

Section 305.  Sales by Pennsylvania Liquor Stores.--* * *

(j)  No Pennsylvania Liquor Store shall accept payment from a

purchaser of liquor, alcohol, a gift certificate or a gift card 

which is in the form of an electronic benefits card issued to

convey public assistance benefits administered by the Department

of Public Welfare or a debit card issued to convey support

payment moneys.

Section 3.  Section 406(a) of the act is amended by adding a

paragraph to read:

Section 406.  Sales by Liquor Licensees; Restrictions.--(a) *

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(7)  No licensee to which this section applies shall accept

payment from a purchaser of liquor, alcohol, a gift certificate

or a gift card which is in the form of an electronic benefits

card issued to convey public assistance benefits administered by

the Department of Public Welfare or a debit card issued to

convey support payment moneys.

* * *

Section 4.  Section 409 of the act, amended December 21, 1998

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(P.L.1202, No.155) and December 9, 2002 (P.L.1653, No.212), is

amended to read:

Section 409.  Sacramental Wine Licenses; Fees; Privileges;

Restrictions.--(a)  Subject to the provisions of this act in

general and more particularly to the following provisions of

this section, the board shall issue sacramental wine licenses to

qualified applicants.

(b)  Every applicant for a sacramental wine license shall

file a written application with the board in such form as the

board shall from time to time prescribe, which shall be

accompanied by a filing fee and a license fee as prescribed in

section 614-A of the act of April 9, 1929 (P.L.177, No.175),

known as "The Administrative Code of [1929," and a license fee

of one hundred dollars.]1929." Every such application shall

contain a description of the premises for which the applicant

desires a license and shall set forth such other material

information as may be required by the board.

(c)  If the applicant is a natural person, his application

must show that he is a citizen of the United States or a

resident alien and a resident of this Commonwealth. If the

applicant is an association or partnership, each and every

member of the association or partnership must be a citizen of

the United States or a resident alien and a resident of this

Commonwealth. If the applicant is a corporation, the application

must show that the corporation was created under the laws of

Pennsylvania or holds a certificate of authority to transact

business in Pennsylvania, and that all officers, directors and

stockholders are citizens of the United States or resident

aliens.

(d)  Holders of such licenses may purchase from manufacturers

or bring or import into this Commonwealth wine to be used for

sacramental or religious purposes only, and bottle and sell the

same to priests, clergymen and rabbis for use in the cathedral,

church, synagogue or temple, or for sustaining members of the

congregation or members of the faith who attend religious

services, duly certified by such priests, clergymen or rabbis.

The sale and use of wine for sacramental or religious purposes

shall be subject to and in accordance with the regulations of

the board.

(e)  Any wine purchased under the authority of this section

shall not be used for any [other than sacramental or religious]

purposes other than those permitted in this section. Sacramental

wine may not be sold by any person except the holder of a

sacramental wine license. Notwithstanding any other provision of

this act, in addition to the privileges herein provided, the

holder of a sacramental wine license may sell food for

consumption on or off the licensed premises and sell for

consumption on the licensed premises only such wine that it may

acquire and sell pursuant to its license.

(f)  Every sacramental wine licensee shall maintain on the

licensed premises such records as the board may prescribe. No

deliveries of sacramental wine shall be made unless and until an

order therefor is on file at the principal place of business in

Pennsylvania. All shipments into Pennsylvania of wine to be used

for sacramental or religious purposes shall be consigned to the

principal place of business maintained by the licensee.

(g)  Any such license may be fined, suspended or revoked [by

the board upon proof satisfactory to it that the licensee has

violated any law of this Commonwealth or any regulation of the

board relating to liquor and alcohol. The procedure in such

cases shall be the same as for the revocation and suspension of]

in the same manner as hotel, restaurant and club licenses.

(h)  No person or entity holding an interest in a sacramental

wine license may hold an interest in any other sacramental wine

license or in any other license issued under this act.

Section 45.  Section 441 of the act is amended by adding a

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subsection to read:

Section 441.  Distributors' and Importing Distributors'

Restrictions on Sales, Storage, Etc.--* * *

(h)  No distributor or importing distributor shall accept

payment from a purchaser of liquor, alcohol, a gift certificate

or a gift card which is in the form of an electronic benefits

card issued to convey public assistance benefits administered by

the Department of Public Welfare or a debit card issued to

convey support payment moneys.

Section 56.  Section 493(2) and (15) of the act, amended July

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6, 2005 (P.L.135, No.39), are amended to read:

Section 493.  Unlawful Acts Relative to Liquor, Malt and

Brewed Beverages and Licensees.--The term "licensee," when used

in this section, shall mean those persons licensed under the

provisions of Article IV, unless the context clearly indicates

otherwise.

It shall be unlawful--

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(2)  Purchase or Sale of Liquor or Malt or Brewed Beverages

on Credit; Importing Distributors or Distributors Accepting

Cash. For any licensee, his agent, servant or employe, to sell

or offer to sell or purchase or receive any liquor or malt or

brewed beverages except for cash, excepting credit extended by a

hotel or club to a bona fide guest or member, or by railroad or

pullman companies in dining, club or buffet cars to passengers,

for consumption while enroute, holding authorized credit cards

issued by railroad or railroad credit bureaus or by hotel,

restaurant, retail dispenser eating place, club and public

service licensees, importing distributors or distributors to

customers not possessing a license under this article and

holding credit cards issued in accordance with regulations of

the board or credit cards issued by banking institutions subject

to State or Federal regulation[:], except that no licensee, his

agent, servant or employe shall accept from a purchaser of

liquor, alcohol, a gift certificate or a gift card which is in

the form of an electronic benefits card issued to convey public

assistance benefits administered by the Department of Public

Welfare or a debit card issued to convey support payment moneys: 

Provided further, That nothing herein contained shall be

construed to prohibit the use of checks or drafts drawn on a

bank, banking institution, trust company or similar depository,

organized and existing under the laws of the United States of

America or the laws of any state, territory or possession

thereof, in payment for any liquor or malt or brewed beverages

if the purchaser is the payor of the check or draft and the

licensee is the payee: Provided further, That notwithstanding

any other provision of this act to the contrary, it shall be

unlawful for an importing distributor or distributor to accept

cash for payment of any malt or brewed beverages from anyone

possessing a license issued under this article, except it shall

be permissible for the importing distributor or distributor to

accept money orders or cashiers' checks for payment of any malt

or brewed beverages in addition to any other type of payment

authorized by the board from anyone possessing a license under

this article. No right of action shall exist to collect any

claim for credit extended contrary to the provisions of this

clause. Nothing herein contained shall prohibit a licensee from

crediting to a purchaser the actual price charged for original

containers returned by the original purchaser as a credit on any

sale, or from refunding to any purchaser the amount paid by such

purchaser for such containers or as a deposit on containers when

title is retained by the vendor, if such original containers

have been returned to the licensee. Nothing herein contained

shall prohibit a manufacturer from extending usual and customary

credit for liquor or malt or brewed beverages sold to customers

or purchasers who live or maintain places of business outside of

the Commonwealth of Pennsylvania, when the liquor or malt or

brewed beverages so sold are actually transported and delivered

to points outside of the Commonwealth: Provided, however, That

as to all transactions affecting malt or brewed beverages to be

resold or consumed within this Commonwealth, every licensee

shall pay and shall require cash deposits on all returnable

original containers and all such cash deposits shall be refunded

upon return of the original containers.

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(15)  Cashing Pay Roll, Public Assistance, Unemployment

Compensation or Any Other Relief Checks. For any licensee or his

servants, agents or employes to cash pay roll checks or to cash,

receive, handle or negotiate in any way [Public Assistance,

Unemployment Compensation] public assistance, unemployment

compensation or any other relief checks[.] or to accept payment

from a purchaser of liquor, alcohol, a gift certificate or a

gift card which is in the form of an electronic benefits card

issued to convey public assistance benefits administered by the

Department of Public Welfare or a debit card issued to convey

support payment moneys.

* * *

Section 67.  This act shall take effect in 60 days.

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