PRINTER'S NO. 1094
No. 848 Session of 2005
INTRODUCED BY ORIE, COSTA, ERICKSON, FONTANA, RHOADES, LEMMOND,
WOZNIAK, PIPPY AND STACK, SEPTEMBER 8, 2005
REFERRED TO LAW AND JUSTICE, SEPTEMBER 8, 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 sales by liquor licensees and for
18 restrictions.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Sections 406(a) and 491 of the act of April 12,
22 1951 (P.L.90, No.21), known as the Liquor Code, reenacted and
23 amended June 29, 1987 (P.L.32, No.14), are amended by adding
24 paragraphs to read:
25 Section 406. Sales by Liquor Licensees; Restrictions.--(a)
1 * * *
2 (6.2) No licensee shall make or cause to be made a home
3 delivery of liquor, any alcoholic beverage or any other product
4 with alcoholic content, purchased online, over the Internet, by
5 telephone order or by mail order, without first ascertaining or
6 making provision to ascertain that the person receiving the
7 delivery is an adult. Proof of age of the recipient by way of a
8 currently valid photographic identification card, including, but
9 not limited to, a current Pennsylvania driver's license, or a
10 United States passport, shall be required before the licensee or
11 his authorized delivery agent may complete a home delivery.
12 * * *
13 Section 491. Unlawful Acts Relative to Liquor, Alcohol and
14 Liquor Licensees.--
15 It shall be unlawful--
16 * * *
17 (12.1) Delivery of Liquor. For a liquor licensee permitted
18 to deliver liquor, or for any other governmental or commercial
19 mail or package delivery service, to make or cause to be made a
20 home delivery of liquor, any alcoholic beverage or any other
21 product with alcoholic content, purchased online, over the
22 Internet, by telephone order or by mail order, without first
23 ascertaining or making provision to ascertain that the person
24 accepting receipt of the delivery is an adult. Proof of age of
25 the recipient by way of a currently valid photographic
26 identification card, including, but not limited to, a current
27 Pennsylvania driver's license or a United States passport, shall
28 be required before the licensee, his authorized delivery agent
29 or the agent of a governmental or commercial mail or package
30 delivery service may complete a home delivery.
20050S0848B1094 - 2 -
1 * * *
2 Section 2. This act shall take effect in 60 days.
F2L47JS/20050S0848B1094 - 3 -