PRINTER'S NO. 624
No. 598 Session of 1999
INTRODUCED BY STETLER, COY, EVANS, NICKOL, McNAUGHTON, READSHAW,
MAYERNIK, CLARK, HARHAI, MELIO, MICHLOVIC, WOGAN, MANDERINO,
YOUNGBLOOD, GIGLIOTTI, RAMOS, PESCI, B. SMITH, SEYFERT,
MASLAND, PLATTS, FEESE, ROSS, CORRIGAN, WASHINGTON, TRELLO,
M. COHEN AND DONATUCCI, FEBRUARY 16, 1999
REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 16, 1999
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2 reenacted, "An act relating to alcoholic liquors, alcohol and
3 malt and brewed beverages; amending, revising, consolidating
4 and changing the laws relating thereto; regulating and
5 restricting the manufacture, purchase, sale, possession,
6 consumption, importation, transportation, furnishing, holding
7 in bond, holding in storage, traffic in and use of alcoholic
8 liquors, alcohol and malt and brewed beverages and the
9 persons engaged or employed therein; defining the powers and
10 duties of the Pennsylvania Liquor Control Board; providing
11 for the establishment and operation of State liquor stores,
12 for the payment of certain license fees to the respective
13 municipalities and townships, for the abatement of certain
14 nuisances and, in certain cases, for search and seizure
15 without warrant; prescribing penalties and forfeitures;
16 providing for local option, and repealing existing laws,"
17 providing for penalties for the sale of liquor or malt or
18 brewed beverage without being licensed.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 494(c) of the act of April 12, 1951
22 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
23 June 29, 1987 (P.L.32, No.14) and amended April 29, 1994
24 (P.L.212, No.30), is amended to read:
1 Section 494. Penalties.-- * * *
2 (c) A person convicted of selling or offering to sell any
3 liquor or malt or brewed beverage without being licensed is in
4 violation of this article and shall, in addition to any other
5 penalty prescribed by law, be sentenced to pay a fine of
6 [twenty-five dollars ($25) for each bottle of beer] two dollars
7 ($2) per fluid ounce for each container of beer and [one hundred
8 dollars ($100)] four dollars ($4) per fluid ounce for each
9 [bottle] container of wine or liquor found on the premises where
10 the sale was made or attempted. The amount of fine per container
11 will be based upon the capacity of the container when full,
12 whether or not it is full at the time of the sale or attempted
13 sale. In addition, all beer, wine and liquor found on the
14 premises shall be confiscated. If a person fails to pay the full
15 amount of the fine levied under this subsection, the premises on
16 which the beer, wine or liquor was found shall be subject to a
17 lien in the amount of the unpaid fine if the premises are owned
18 by the person against whom the fine was levied or by any other
19 person who had knowledge of the proscribed activity. The lien
20 shall be superior to any other liens on the premises other than
21 a duly recorded mortgage.
22 Section 2. This act shall take effect immediately.
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