PRINTER'S NO. 2021
No. 1636 Session of 2005
INTRODUCED BY KENNEY, CALTAGIRONE, CRAHALLA, FAIRCHILD, FRANKEL,
THOMAS AND YOUNGBLOOD, JUNE 6, 2005
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 6, 2005
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 malt and brewed beverages
18 manufacturers', distributors' and importing distributors'
19 licenses.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Section 431(d)(2) of the act of April 12, 1951
23 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
24 June 29, 1987 (P.L.32, No.14) and amended December 20, 1996
25 (P.L.1513, No.196), is amended to read:
26 Section 431. Malt and Brewed Beverages Manufacturers',
1 Distributors' and Importing Distributors' Licenses.--* * *
2 (d) * * *
3 (2) After January 1, 1980, no manufacturer shall enter into
4 any agreement with more than one distributor or importing
5 distributor for the purpose of establishing more than one
6 agreement for designated brand or brands of malt or brewed
7 beverages in any one territory. Each franchise territory which
8 is granted by a manufacturer shall not be required to be
9 geographically contiguous. All importing distributors shall
10 maintain sufficient records to evidence compliance of this
11 section. With regard to any territorial distribution authority
12 granted to an importing distributor by a manufacturer of malt or
13 brewed beverages after January 1, 1996, the records shall
14 establish that each and every case of a brand of malt or brewed
15 beverages for which the importing distributor is assigned was
16 sold, resold, stored, delivered or transported by the importing
17 distributor, either from a point or to a point with the assigned
18 [geographically contiguous] geographical territory, to any
19 person or persons, whether such person or persons are licensed
20 by this act or not licensed by this act.
21 * * *
22 Section 2. This act shall take effect immediately.
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