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        PRIOR PRINTER'S NO. 1671                      PRINTER'S NO. 1780

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1433 Session of 1989


        INTRODUCED BY SALOOM, TIGUE, KOSINSKI, PISTELLA, KUKOVICH,
           MORRIS, DALEY, MELIO AND BUNT, MAY 22, 1989

        AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MAY 23, 1989

                                     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     further providing for the establishment of wine stores by the
    18     board.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21     Section 1.  Section 215 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 to read:
    24     Section 215.  Wine Marketing.--(a)  [There is hereby
    25  established within the board the Bureau of Wine which shall be

     1  responsible for the purchasing and the wholesale and retail
     2  marketing of premium wines so as to make these wines available
     3  to Pennsylvania consumers at competitive prices and in a
     4  convenient atmosphere.
     5     (b)  The management of the bureau shall be vested in a
     6  director, who shall be assisted by such other personnel as the
     7  board deems necessary.
     8     (c)]  The board shall establish [that at least five per
     9  centum of all State stores] within a metropolitan area [are]
    10  wine specialty stores, at which premium wine shall be sold.
    11  These stores shall not sell any distilled product. The board may
    12  establish the wine specialty stores in locations which provide
    13  the greatest customer traffic and the greatest gross profit to
    14  the board. These locations may include established retail
    15  establishments. Board employes shall staff these locations. THE   <--
    16  BOARD SHALL ESTABLISH AT LEAST FOUR WINE SPECIALTY STORES IN
    17  COUNTIES OF THE FIRST CLASS. The board shall have the option of
    18  [closing stores which are unprofitable for two consecutive
    19  fiscal years] opening other wine specialty stores not to exceed   <--
    20  thirty-two in number, NOT TO EXCEED THIRTY-TWO IN TOTAL NUMBER,   <--
    21  in other counties of the Commonwealth.
    22     [(d)] (b)  (1)  The term "metropolitan area," as used in this
    23  section, shall mean any [one county or any combination of two,
    24  three or four counties contiguous and adjacent with a total
    25  population of fifty thousand or more] county of the first class,
    26  second class or second class A.
    27     (2)  The term "wine," as used in this section, shall mean
    28  liquor which is fermented from grapes and other fruits, having
    29  alcoholic content of twenty-four per centum or less. The term
    30  "wine" shall not include malt or brewed beverages, nor shall
    19890H1433B1780                  - 2 -

     1  wine include any products containing alcohol derived from malt,
     2  grain, cereal, molasses or cactus.
     3     Section 2.  This act shall take effect immediately.


















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