PRINTER'S NO. 3819
No. 2731 Session of 1990
INTRODUCED BY GLADECK, ANGSTADT, PERZEL, COWELL, JAMES, GANNON,
BURD, MERRY, LASHINGER, NAHILL, WOGAN, VEON AND REBER,
JUNE 26, 1990
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 26, 1990
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 purchase or sale of malt or brewed
18 beverages.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 493(2) of the act of April 12, 1951
22 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
23 June 29, 1987 (P.L.32, No.14), is amended to read:
24 Section 493. Unlawful Acts Relative to Liquor, Malt and
25 Brewed Beverages and Licensees.--The term "licensee," when used
1 in this section, shall mean those persons licensed under the
2 provisions of Article IV, unless the context clearly indicates
3 otherwise.
4 It shall be unlawful--
5 * * *
6 (2) Purchase or Sale of Liquor or Malt or Brewed Beverages
7 on Credit. For any licensee, his agent, servant or employe, to
8 sell or offer to sell or purchase or receive any liquor or malt
9 or brewed beverages except for cash, excepting credit extended
10 by a hotel or club to a bona fide guest or member, or by
11 railroad or pullman companies in dining, club or buffet cars to
12 passengers, for consumption while enroute, holding authorized
13 credit cards issued by railroad or railroad credit bureaus or by
14 hotel, restaurant and public service licensees to customers
15 holding credit cards issued in accordance with regulations of
16 the board or credit cards issued by banking institutions subject
17 to State or Federal regulation: Provided further, That importing
18 distributors and distributors may sell or offer to sell or
19 purchase or receive malt or brewed beverages through the use of
20 a debit card: Provided further, That nothing herein contained
21 shall be construed to prohibit the use of checks or drafts drawn
22 on a bank, banking institution, trust company or similar
23 depository, organized and existing under the laws of the United
24 States of America or the laws of any state, territory or
25 possession thereof, in payment for any liquor or malt or brewed
26 beverages if the purchaser is the payor of the check or draft
27 and the licensee is the payee. No right of action shall exist to
28 collect any claim for credit extended contrary to the provisions
29 of this clause. Nothing herein contained shall prohibit a
30 licensee from crediting to a purchaser the actual price charged
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1 for original containers returned by the original purchaser as a
2 credit on any sale, or from refunding to any purchaser the
3 amount paid by such purchaser for such containers or as a
4 deposit on containers when title is retained by the vendor, if
5 such original containers have been returned to the licensee.
6 Nothing herein contained shall prohibit a manufacturer from
7 extending usual and customary credit for liquor or malt or
8 brewed beverages sold to customers or purchasers who live or
9 maintain places of business outside of the Commonwealth of
10 Pennsylvania, when the liquor or malt or brewed beverages so
11 sold are actually transported and delivered to points outside of
12 the Commonwealth: Provided, however, That as to all transactions
13 affecting malt or brewed beverages to be resold or consumed
14 within this Commonwealth, every licensee shall pay and shall
15 require cash deposits on all returnable original containers and
16 all such cash deposits shall be refunded upon return of the
17 original containers.
18 "Debit card," as used in this clause, means a card, plate or
19 other similar device issued by a banking institution subject to
20 Federal or State regulation which may be used, without a
21 personal identification number, code or similar identification,
22 to purchase or lease property or services. The term does not
23 include a credit card, check, draft or similar instrument.
24 * * *
25 Section 2. This act shall take effect in 60 days.
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