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                                                      PRINTER'S NO. 3006

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2209 Session of 2001


        INTRODUCED BY RUFFING, WALKO, CASORIO, CORRIGAN, COSTA,
           CREIGHTON, HARHAI, KELLER, SHANER, SOLOBAY, STABACK,
           STEELMAN, J. TAYLOR, THOMAS, TIGUE, TRELLO, J. WILLIAMS,
           WOJNAROSKI AND G. WRIGHT, DECEMBER 5, 2001

        REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 5, 2001

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for the storage,
     3     consumption and sale of alcoholic beverages on unlicensed
     4     business premises.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 7327 of Title 18 of the Pennsylvania
     8  Consolidated Statutes is amended to read:
     9  § 7327.  Storage, consumption and sale of alcoholic beverages on
    10             unlicensed business premises.
    11     (a)  Storage.--A person commits [a summary] an offense if he
    12  stores or permits storage by others of liquor or malt or brewed
    13  beverages for the purpose of consumption between the hours of 2
    14  a.m. and 8 a.m. on business premises owned, operated, leased or
    15  controlled by such person which are not licensed under the act
    16  of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.
    17     (b)  Consumption.--A person commits [a summary] an offense if
    18  he allows another to consume liquor or malt or brewed beverages,

     1  after payment of an entry fee, cover charge or membership fee,
     2  between the hours of 2 a.m. and 8 a.m. on business premises
     3  owned, operated, leased or controlled by such person which are
     4  not licensed under the Liquor Code.
     5     (c)  Sale.--A person commits [a summary] an offense if he
     6  sells or offers to sell any liquor or malt or brewed beverages
     7  between the hours of 2 a.m. and 8 a.m. on business premises
     8  owned, operated, leased or controlled by such person which are
     9  not licensed under the Liquor Code.
    10     (d)  Penalty.--A person who violates this section commits a
    11  misdemeanor of the second degree for a first offense and shall,
    12  upon conviction, be sentenced to pay a fine of not less than
    13  $1,000. A person who violates this section commits a misdemeanor
    14  of the first degree for a second or subsequent offense and
    15  shall, upon conviction, be sentenced to pay a fine of not less
    16  than $5,000 and to imprisonment for not less than three months.
    17     (e)  Enforcement.--This section shall be enforceable by a law
    18  enforcement officer trained in accordance with 53 Pa.C.S. Ch. 21
    19  Subch. D (relating to municipal police education and training)
    20  and members of the Pennsylvania State Police and enforcement
    21  officers or investigators in accordance with section 211 of the
    22  Liquor Code.
    23     Section 2.  This act shall take effect in 60 days.





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