PRINTER'S NO. 1689
No. 1337 Session of 1989
INTRODUCED BY SALVATORE, NOVEMBER 13, 1989
REFERRED TO LAW AND JUSTICE, NOVEMBER 13, 1989
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 unlawful acts relative to liquor, malt
18 and brewed beverages and licensees.
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, club and public service licensees to
15 customers or members holding credit cards issued in accordance
16 with regulations of the board or credit cards issued by banking
17 institutions subject to State or Federal regulation: Provided
18 further, That nothing herein contained shall be construed to
19 prohibit the use of checks or drafts drawn on a bank, banking
20 institution, trust company or similar depository, organized and
21 existing under the laws of the United States of America or the
22 laws of any state, territory or possession thereof, in payment
23 for any liquor or malt or brewed beverages if the purchaser is
24 the payor of the check or draft and the licensee is the payee.
25 No right of action shall exist to collect any claim for credit
26 extended contrary to the provisions of this clause. Nothing
27 herein contained shall prohibit a licensee from crediting to a
28 purchaser the actual price charged for original containers
29 returned by the original purchaser as a credit on any sale, or
30 from refunding to any purchaser the amount paid by such
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1 purchaser for such containers or as a deposit on containers when
2 title is retained by the vendor, if such original containers
3 have been returned to the licensee. Nothing herein contained
4 shall prohibit a manufacturer from extending usual and customary
5 credit for liquor or malt or brewed beverages sold to customers
6 or purchasers who live or maintain places of business outside of
7 the Commonwealth of Pennsylvania, when the liquor or malt or
8 brewed beverages so sold are actually transported and delivered
9 to points outside of the Commonwealth: Provided, however, That
10 as to all transactions affecting malt or brewed beverages to be
11 resold or consumed within this Commonwealth, every licensee
12 shall pay and shall require cash deposits on all returnable
13 original containers and all such cash deposits shall be refunded
14 upon return of the original containers.
15 * * *
16 Section 2. This act shall take effect in 60 days.
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