PRINTER'S NO. 2700
No. 2050 Session of 2003
INTRODUCED BY FLICK, McGEEHAN, CRUZ, WILT, DENLINGER, FABRIZIO, HARPER, HORSEY, KENNEY, KILLION, LEACH, LEH, SCAVELLO, SCHRODER, SURRA, THOMAS, WANSACZ AND YOUNGBLOOD, SEPTEMBER 30, 2003
REFERRED TO COMMITTEE ON LIQUOR CONTROL, SEPTEMBER 30, 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 further providing for possession, transportation and 18 importation of liquor or alcohol. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 Section 1. Section 491(2), (3), (4), (8) and (11) of the act 22 of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, 23 reenacted and amended June 29, 1987 (P.L.32, No.14), and amended 24 February 21, 2002 (P.L.103, No.10) and December 9, 2002 25 (P.L.1653, No.212), are amended to read:
1 Section 491. Unlawful Acts Relative to Liquor, Alcohol and 2 Liquor Licensees.-- 3 It shall be unlawful-- 4 * * * 5 (2) Possession or Transportation of Liquor or Alcohol. For 6 any person, except a manufacturer or the board or the holder of 7 a sacramental wine license or of an importer's license, to 8 possess or transport any liquor or alcohol within this 9 Commonwealth which was not lawfully acquired prior to January 10 first, one thousand nine hundred and thirty-four, or has not 11 been purchased from a Pennsylvania Liquor Store or a licensed 12 limited winery in Pennsylvania, except in accordance with 13 section 488 or the board's regulations. In addition, it shall be 14 lawful for anyone to possess miniatures totaling less than one 15 gallon purchased in another state or a foreign country. The 16 burden shall be upon the person possessing or transporting such 17 liquor or alcohol to prove that it was so acquired. But nothing 18 herein contained shall prohibit the manufacture or possession of 19 wine by any person in his home for consumption of himself, his 20 family and guests and not for sale, not exceeding, during any 21 one calendar year, two hundred gallons, any other law to the 22 contrary notwithstanding. Such wine shall not be manufactured, 23 possessed, offered for sale or sold on any licensed premises. 24 [None of the provisions herein contained shall prohibit nor 25 shall it be unlawful for any person to import into Pennsylvania, 26 transport or have in his possession, an amount of liquor not 27 exceeding one gallon in volume upon which a State tax has not 28 been paid, if it can be shown to the satisfaction of the board 29 that such person purchased the liquor in a foreign country or 30 United States territory and was allowed to bring it into the 20030H2050B2700 - 2 -
1 United States. Neither shall the provisions contained herein 2 prohibit nor make it unlawful for (i) any member of the armed 3 forces on active duty, or (ii) any retired member of the armed 4 forces, or (iii) any totally disabled veteran, or (iv) the 5 spouse of any person included in the foregoing classes of 6 persons to import into Pennsylvania, transport or have in his 7 possession an amount of liquor not exceeding one gallon per 8 month in volume upon which the State tax has not been paid, so 9 long as such liquor has been lawfully purchased from a package 10 store established and maintained under the authority of the 11 United States and is in containers identified in accordance with 12 regulations issued by the Department of Defense. Such liquor 13 shall not be possessed, offered for sale or sold on any licensed 14 premises. 15 None of the provisions herein contained shall prohibit nor 16 shall it be unlawful for any consul general, consul or other 17 diplomatic officer of a foreign government to import into 18 Pennsylvania, transport or have in his possession liquor upon 19 which a State tax has not been paid, if it can be shown to the 20 satisfaction of the board that such person acquired the liquor 21 in a foreign country and was allowed to bring it into the United 22 States. Such liquor shall not be possessed, offered for sale or 23 sold on any licensed premises.] Nothing in this act shall be 24 construed to prohibit any person from possessing or transporting 25 within this Commonwealth any liquor or alcohol not purchased in 26 this Commonwealth for the exclusive purpose of consumption 27 within such person's private home. 28 Any person violating the provisions of this clause for a 29 first offense involving the possession or transportation in 30 Pennsylvania of any liquor in a package (bottle or other 20030H2050B2700 - 3 -
1 receptacle) or wine not purchased from a Pennsylvania Liquor 2 Store or from a licensed limited winery in Pennsylvania, with 3 respect to which satisfactory proof is produced that the 4 required Federal tax has been paid and which was purchased, 5 procured or acquired legally outside of Pennsylvania shall upon 6 conviction thereof in a summary proceeding be sentenced to pay a 7 fine of twenty-five dollars ($25) for each such package, plus 8 costs of prosecution, or undergo imprisonment for a term not 9 exceeding ninety (90) days. Each full quart or major fraction 10 thereof shall be considered a separate package (bottle or other 11 receptacle) for the purposes of this clause. Such packages of 12 liquor shall be forfeited to the Commonwealth in the manner 13 prescribed in Article VI of this act but the vehicle, boat, 14 vessel, animal or aircraft used in the illegal transportation of 15 such packages shall not be subject to forfeiture: Provided, 16 however, That if it is a second or subsequent offense or if it 17 is established that the illegal possession or transportation was 18 in connection with a commercial transaction, then the other 19 provisions of this act providing for prosecution as a 20 misdemeanor and for the forfeiture of the vehicle, boat, vessel, 21 animal or aircraft shall apply. 22 (3) Purchase of Liquor or Alcohol. For any person within 23 this Commonwealth, by himself or by an employe or agent, to 24 attempt to purchase, or directly or indirectly, or upon any 25 pretense or device whatsoever, to purchase any liquor or alcohol 26 from any person or source other than a Pennsylvania Liquor 27 Store, except in accordance with the provisions of this act or 28 the regulations of the board. This act shall not be construed to 29 prohibit any person from purchasing any liquor or alcohol 30 outside of this Commonwealth for the exclusive purpose of 20030H2050B2700 - 4 -
1 consumption within such person's private home. 2 [(4) Possession and Use of Decanters. For any person to use 3 decanters of alcoholic beverages except that the use of 4 decanters or other similar receptacles by licensees shall be 5 permitted in the case of wines and then only in accordance with 6 the regulations of the board, but nothing herein contained shall 7 prohibit the manufacture and possession of wine as provided in 8 clause (2) of this section.] 9 * * * 10 (8) Importation and Sales of Alcohol. For any person, to 11 import alcohol into this Commonwealth, or to sell alcohol to any 12 person, except in accordance with section 488 and the 13 regulations of the board. This act shall not be construed to 14 prohibit any person from importing alcohol into this 15 Commonwealth for the exclusive purpose of consumption within 16 such person's private home. 17 * * * 18 (11) Importation of Liquor. For any person, other than the 19 board or the holder of a sacramental wine license, an importer's 20 license or a direct shipper's license, to import any liquor 21 whatsoever into this Commonwealth, but this section shall not be 22 construed to prohibit railroad and pullman companies from 23 purchasing and selling liquors purchased outside the 24 Commonwealth in their dining, club and buffet cars which are 25 covered by public service liquor licenses and which are operated 26 in this Commonwealth. This act shall not be construed to 27 prohibit any person from importing liquor into this Commonwealth 28 for the exclusive purpose of consumption within such person's 29 private home. 30 * * * 20030H2050B2700 - 5 -
1 Section 2. This act shall take effect in 60 days. H7L47JLW/20030H2050B2700 - 6 -