PRINTER'S NO. 1871
No. 1479 Session of 2003
INTRODUCED BY GODSHALL, BARRAR, BUNT, CRAHALLA, DAILEY, FRANKEL, HARPER, JAMES, LEDERER, SCHRODER, T. STEVENSON, THOMAS, TURZAI AND WILT, JUNE 2, 2003
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 2, 2003
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 shipment of wine to certain consumers. 18 The General Assembly of the Commonwealth of Pennsylvania 19 hereby enacts as follows: 20 Section 1. The act of April 12, 1951 (P.L.90, No.21), known 21 as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32, 22 No.14), is amended by adding a section to read: 23 Section 489. Direct Shipments of Wine.--(a) Notwithstanding 24 any other provision of this act or law to the contrary, a person 25 licensed by another state as a producer, supplier, importer,
1 wholesaler, distributor or retailer of wine and who obtains an 2 out-of-State shipper's license as provided for in this section 3 may ship up to twenty-four bottles per month of any wine 4 directly to a resident of this Commonwealth who is at least 5 twenty-one (21) years of age for such resident's personal use 6 and not for resale. Before sending any shipment to a resident of 7 this Commonwealth the out-of-State shipper must first: 8 (1) File an application with the board. 9 (2) Pay a one hundred dollar ($100) registration fee. 10 (3) Provide to the board a true copy of its current 11 alcoholic beverage license issued in another state. 12 (4) Obtain from the board an out-of-State shipper's license. 13 (b) An out-of-State wine shipper shall: 14 (1) Not ship more than twenty-four bottles per month to any 15 person. 16 (2) Not ship to any address in an area identified by the 17 board as a "dry" or local option area. 18 (3) Ensure that all containers of wine shipped directly to a 19 resident in this Commonwealth are conspicuously labeled with the 20 words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER 21 REQUIRED FOR DELIVERY." 22 (4) Report to the board annually the total of wine, by type, 23 shipped into this Commonwealth the preceding calendar year. 24 (5) Annually pay to the Department of Revenue all taxes due 25 on sales to residents of this Commonwealth in the preceding 26 calendar year, the amount of such taxes to be calculated as if 27 the sale were in this Commonwealth at the location where 28 delivery is made. 29 (6) Permit the board or the Secretary of Revenue, or their 30 designated representatives, to perform an audit of the out-of- 20030H1479B1871 - 2 -
1 State wine shipper's records upon request. 2 (7) Be deemed to have submitted to the jurisdiction of the 3 board, any other State agency and the courts of this 4 Commonwealth for purposes of enforcement of this section and any 5 related laws, rules or regulations. 6 (c) An out-of-State shipper may annually review its license 7 with the board by paying a renewal fee, as established by the 8 board, and providing the board a true copy of its current 9 alcoholic beverage license issued in another state. 10 (d) The board and the Department of Revenue may promulgate 11 rules and regulations to effectuate the purposes of this act. 12 (e) The board may enforce the requirements of this section 13 by administrative proceedings to suspend or revoke an out-of- 14 State shipper's license, and the board may accept payment of an 15 offer in compromise in lieu of suspension, such payments to be 16 determined by rule promulgated by the board. 17 (f) Shipments of wine from out-of-State direct to consumers 18 in this Commonwealth from persons who do not possess a current 19 out-of-State shipper's license or other permit or license from 20 the board are prohibited. Any person who knowingly makes, 21 participates in, transports, imports or receives such a shipment 22 from out-of-State is guilty of a misdemeanor. Without limitation 23 on any punishment or remedy, criminal or civil, any person who 24 knowingly makes, participates in, transports, imports or 25 receives such a shipment from out-of-State commits an unfair 26 trade practice. 27 Section 2. This act shall take effect in 60 days. D4L47JLW/20030H1479B1871 - 3 -