1Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2reenacted, "An act relating to alcoholic liquors, alcohol and
3malt and brewed beverages; amending, revising, consolidating
4and changing the laws relating thereto; regulating and
5restricting the manufacture, purchase, sale, possession,
6consumption, importation, transportation, furnishing, holding
7in bond, holding in storage, traffic in and use of alcoholic
8liquors, alcohol and malt and brewed beverages and the
9persons engaged or employed therein; defining the powers and
10duties of the Pennsylvania Liquor Control Board; providing
11for the establishment and operation of State liquor stores,
12for the payment of certain license fees to the respective
13municipalities and townships, for the abatement of certain
14nuisances and, in certain cases, for search and seizure
15without warrant; prescribing penalties and forfeitures;
16providing for local option, and repealing existing laws,"
17further providing for enforcement, for penalties and for
18identification cards, licensees and State Liquor Store
19employees saved from prosecution.

20The General Assembly of the Commonwealth of Pennsylvania
21hereby enacts as follows:

22Section 1. Section 211(a) of the act of April 12, 1951
23(P.L.90, No.21), known as the Liquor Code, reenacted and amended
24June 29, 1987 (P.L.32, No.14), is amended by adding a clause to
25read:

26Section 211. Enforcement.--(a) There is created within the

1Pennsylvania State Police a Bureau of Liquor Control Enforcement
2which shall be responsible for enforcing this act and any
3regulations promulgated pursuant thereto. Officers and
4investigators assigned to the bureau shall have the power and
5their duty shall be:

6* * *

7(4.1) To investigate and issue citations to any person who
8has had an invalid identification card confiscated by an entity
9licensed under this act so long as the officer/investigator
10determines that the identification card was properly confiscated
11under section 495(b.1).

12* * *

13Section 2. Sections 494 and 495 of the act are amended by
14adding by adding subsections to read:

15Section 494. Penalties.--* * *

16(d) Any person who has an invalid identification card
17confiscated by a licensee under section 495(b.1) and has been
18issued a citation by the enforcement bureau shall be guilty of a
19misdemeanor and, upon conviction thereof, shall be sentenced to
20pay a fine of not less than five hundred dollars ($500), nor
21more than two thousand dollars ($2,000).

22Section 495. Identification Cards; Licensees and State
23Liquor Store Employes Saved From Prosecution.--* * *

24(b.1) Any licensee, or the servant, agent or employe
25thereof, may confiscate an identification card that has been
26presented for the purpose of obtaining liquor or malt or brewed
27beverages when there is reasonable suspicion that the
28identification card presented is not valid. A licensee, or the
29servant, agent or employe thereof, may have reasonable suspicion
30that an identification card is invalid only after utilizing a

1transaction scan device. A licensee, or the servant, agent or
2employe thereof, that confiscated an identification card based
3upon a reasonable suspicion that it is invalid shall not be held
4liable by the board or the enforcement bureau should the
5identification card be deemed valid. An identification card
6confiscated under this subsection shall be submitted to the
7enforcement bureau within forty-eight hours of the confiscation
8to determine the validity of the identification. The enforcement
9bureau shall return any confiscated identification card that is
10determined to be valid to the person from whom it was
11confiscated.

12* * *

13Section 3. This act shall take effect in 60 days.