PRINTER'S NO. 1291
No. 1115 Session of 2001
INTRODUCED BY LYNCH, MARCH 21, 2001
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 21, 2001
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 direct shipping of wine to residents of this
18 Commonwealth.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 102 of the act of April 12, 1951 (P.L.90,
22 No.21), known as the Liquor Code, reenacted and amended June 29,
23 1987 (P.L.32, No.14), is amended by adding a definition to read:
24 Section 102. Definitions.--The following words or phrases,
25 unless the context clearly indicates otherwise, shall have the
1 meanings ascribed to them in this section:
2 * * *
3 "Direct shipper" shall mean a person outside this
4 Commonwealth who obtains a license from the board to accept
5 orders placed for wine from within this Commonwealth by mail,
6 telephone, Internet or any electronic or other means and who
7 ships or facilitates in any way shipment of wine by a delivery
8 agent or common carrier to a Commonwealth location.
9 * * *
10 Section 2. The act is amended by adding a section to read:
11 Section 414. Direct Shipper; Licenses; Fees; Privileges;
12 Restrictions.--(a) Notwithstanding any law, rule or regulation
13 to the contrary, a person licensed by another state as a
14 producer, supplier, importer, wholesaler, distributor or
15 retailer of wine who obtains a direct shipper license as
16 provided for in this section may ship wine directly to any
17 resident of this Commonwealth who is at least twenty-one years
18 of age for such resident's personal use and not for resale.
19 (b) Prior to shipping wine into this Commonwealth, a direct
20 shipper must:
21 (1) File an original or renewal application with and pay a
22 license fee of two hundred twenty-five dollars ($225) to the
23 board and obtain a direct shipper license which shall be valid
24 for a period of one year.
25 (2) Provide a verified copy of the license issued in the
26 other state.
27 (c) A direct shipper with a license issued under this
28 section shall:
29 (1) Ensure that each container of wine shipped directly to a
30 resident of this Commonwealth is conspicuously labeled with the
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1 words in at least ten-point type, all capital, bold face
2 letters:
3 PENNSYLVANIA LAW REQUIRES SIGNATURE OF PERSON AGE 21 OR
4 OLDER FOR DELIVERY.
5 (2) Only ship wine through delivery agents or common
6 carriers that are able to require signature prior to delivery.
7 The delivery agents or common carriers shipping wine pursuant to
8 this section shall make a reasonable inspection of a photo
9 identification or other acceptable form of identification as
10 prescribed by the board evidencing a person's age and shall
11 obtain a signature from the person 21 years of age or older
12 before surrendering the shipment.
13 (d) Direct shipper licensees shall file invoices for each
14 shipment with the board showing the retail price of the wine
15 being shipped. Such filings shall be monthly and shall arrive at
16 the board no later than the tenth day of the month following
17 shipment. Direct shipper licensees shall maintain records for at
18 least three years which will permit the board to ascertain the
19 truthfulness of the information filed and will also permit the
20 board to perform an audit of the direct shipper licensees'
21 filings upon reasonable request. Direct shipper licensees shall
22 pay quarterly to the Department of Revenue all taxes due on the
23 sale of wine to residents of this Commonwealth from the
24 preceding three months, the amount of such taxes to be
25 calculated as if the sales were in this Commonwealth at the
26 location where delivery is made.
27 (e) The board shall adopt regulations relating to:
28 (1) The application procedures and form for the direct
29 shipper license as authorized under this section.
30 (2) The signature form or other identification procedures to
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1 be used by direct shippers or delivery agents or common carriers
2 for direct shippers to ensure that consumers to which wine is
3 being shipped are over twenty-one years of age.
4 (3) Filings required under this section by direct shipper
5 licensees.
6 (f) Any person located outside of this Commonwealth and
7 licensed by another state as a producer, supplier, importer,
8 wholesaler, distributor or retailer of wine who ships wine
9 directly to any resident of this Commonwealth without first
10 obtaining or renewing a direct shipper license commits a felony
11 of the second degree. Any holder of a Federal basic permit found
12 to be in violation of this subsection shall be referred by the
13 board to the Bureau of Alcohol, Tobacco and Firearms for action
14 pursuant to ATF Industry Circular 96-3.
15 (g) Any direct shipper licensee, delivery agent or common
16 carrier that violates the provisions of this section commits a
17 felony of the third degree and shall have its license
18 permanently revoked.
19 Section 3. Section 491(2) and (3) of the act are amended to
20 read:
21 Section 491. Unlawful Acts Relative to Liquor, Alcohol and
22 Liquor Licensees.--
23 It shall be unlawful--
24 * * *
25 (2) Possession or Transportation of Liquor or Alcohol. For
26 any person, except a manufacturer or the board or the holder of
27 a sacramental wine license or of an importer's license or the
28 holder of a direct shipper license or a common carrier or
29 delivery agent for a direct shipper, to possess or transport any
30 liquor or alcohol within this Commonwealth which was not
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1 lawfully acquired prior to January first, one thousand nine
2 hundred and thirty-four, or has not been purchased from a
3 Pennsylvania Liquor Store or a licensed limited winery in
4 Pennsylvania, except miniatures totalling less than one gallon
5 purchased by a collector of the same in another state or foreign
6 country, or in accordance with the board's regulations. The
7 burden shall be upon the person possessing or transporting such
8 liquor or alcohol to prove that it was so acquired. But nothing
9 herein contained shall prohibit the manufacture or possession of
10 wine by any person in his home for consumption of himself, his
11 family and guests and not for sale, not exceeding, during any
12 one calendar year, two hundred gallons, any other law to the
13 contrary notwithstanding. Such wine shall not be manufactured,
14 possessed, offered for sale or sold on any licensed premises.
15 None of the provisions herein contained shall prohibit nor
16 shall it be unlawful for any person to import into Pennsylvania,
17 transport or have in his possession, an amount of liquor not
18 exceeding one gallon in volume upon which a State tax has not
19 been paid, if it can be shown to the satisfaction of the board
20 that such person purchased the liquor in a foreign country or
21 United States territory and was allowed to bring it into the
22 United States. Neither shall the provisions contained herein
23 prohibit nor make it unlawful for (i) any member of the armed
24 forces on active duty, or (ii) any retired member of the armed
25 forces, or (iii) any totally disabled veteran, or (iv) the
26 spouse of any person included in the foregoing classes of
27 persons to import into Pennsylvania, transport or have in his
28 possession an amount of liquor not exceeding one gallon per
29 month in volume upon which the State tax has not been paid, so
30 long as such liquor has been lawfully purchased from a package
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1 store established and maintained under the authority of the
2 United States and is in containers identified in accordance with
3 regulations issued by the Department of Defense. Such liquor
4 shall not be possessed, offered for sale or sold on any licensed
5 premises.
6 None of the provisions herein contained shall prohibit nor
7 shall it be unlawful for any consul general, consul or other
8 diplomatic officer of a foreign government to import into
9 Pennsylvania, transport or have in his possession liquor upon
10 which a State tax has not been paid, if it can be shown to the
11 satisfaction of the board that such person acquired the liquor
12 in a foreign country and was allowed to bring it into the United
13 States. Such liquor shall not be possessed, offered for sale or
14 sold on any licensed premises.
15 Any person violating the provisions of this clause for a
16 first offense involving the possession or transportation in
17 Pennsylvania of any liquor in a package (bottle or other
18 receptacle) or wine not purchased from a Pennsylvania Liquor
19 Store or from a licensed limited winery in Pennsylvania, with
20 respect to which satisfactory proof is produced that the
21 required Federal tax has been paid and which was purchased,
22 procured or acquired legally outside of Pennsylvania shall upon
23 conviction thereof in a summary proceeding be sentenced to pay a
24 fine of twenty-five dollars ($25) for each such package, plus
25 costs of prosecution, or undergo imprisonment for a term not
26 exceeding ninety (90) days. Each full quart or major fraction
27 thereof shall be considered a separate package (bottle or other
28 receptacle) for the purposes of this clause. Such packages of
29 liquor shall be forfeited to the Commonwealth in the manner
30 prescribed in Article VI of this act but the vehicle, boat,
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1 vessel, animal or aircraft used in the illegal transportation of
2 such packages shall not be subject to forfeiture: Provided,
3 however, That if it is a second or subsequent offense or if it
4 is established that the illegal possession or transportation was
5 in connection with a commercial transaction, then the other
6 provisions of this act providing for prosecution as a
7 misdemeanor and for the forfeiture of the vehicle, boat, vessel,
8 animal or aircraft shall apply.
9 (3) Purchase of Liquor or Alcohol. For any person within
10 this Commonwealth, by himself or by an employe or agent, to
11 attempt to purchase, or directly or indirectly, or upon any
12 pretense or device whatsoever, to purchase any liquor or alcohol
13 from any person or source other than a Pennsylvania Liquor Store
14 or the holder of a direct shipper license, except in accordance
15 with the provisions of this act or the regulations of the board.
16 * * *
17 Section 4. This act shall take effect in 60 days.
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