PRIOR PRINTER'S NO. 1289 PRINTER'S NO. 1474
No. 969 Session of 2005
INTRODUCED BY RAFFERTY, LOGAN, COSTA, LEMMOND, FONTANA, ORIE,
REGOLA, BOSCOLA AND WONDERLING, OCTOBER 27, 2005
SENATOR RAFFERTY, LAW AND JUSTICE, AS AMENDED, JANUARY 25, 2006
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 responsible alcohol management
18 remediation for licensees.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 471(d) 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) and added December 20, 2000
24 (P.L.992, No.141), is amended AND THE SECTION IS AMENDED BY <--
25 ADDING A SUBSECTION to read:
1 Section 471. Revocation and Suspension of Licenses; Fines.--
2 * * *
3 (d) If a licensee has been cited and found to have violated
4 section 493(1) AS A FIRST OFFENSE as it relates to sales to <--
5 minors or sales to a visibly intoxicated person, the
6 administrative law judge, in addition to the penalties set forth
7 in subsection (b), [may] shall require the licensee to comply
8 with the requirements set forth in section 471.1 pertaining to
9 responsible alcohol management. Such compliance may be required
10 for a period of up to one year. Failure to adhere with such an
11 order is sufficient cause for the issuance of a citation under
12 subsection (a).
13 (E) IF A LICENSEE HAS BEEN CITED AND FOUND TO HAVE VIOLATED <--
14 SECTION 493(1) FOR A SECOND OR SUBSEQUENT OFFENSE AS IT RELATES
15 TO SALES TO MINORS OR SALES TO A VISIBLY INTOXICATED PERSON, THE
16 ADMINISTRATIVE LAW JUDGE, IN ADDITION TO THE PENALTIES SET FORTH
17 IN SUBSECTION (B), MAY REQUIRE THE LICENSEE TO COMPLY WITH THE
18 REQUIREMENTS SET FORTH IN SECTION 471.1 PERTAINING TO
19 RESPONSIBLE ALCOHOL MANAGEMENT. SUCH COMPLIANCE MAY BE REQUIRED
20 FOR A PERIOD OF UP TO ONE YEAR. FAILURE TO ADHERE WITH SUCH AN
21 ORDER IS SUFFICIENT CAUSE FOR THE ISSUANCE OF A CITATION UNDER
22 SUBSECTION (A).
23 Section 2. This act shall take effect in 60 days.
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