PRINTER'S NO. 1813
No. 1381 Session of 1998
INTRODUCED BY MUSTO, BELAN, COSTA, BODACK, CONTI, AFFLERBACH,
STAPLETON, WOZNIAK, LEMMOND AND HART, MARCH 19, 1998
REFERRED TO LAW AND JUSTICE, MARCH 19, 1998
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 licenses for places of storage.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 431(a) of the act of April 12, 1951
21 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
22 June 29, 1987 (P.L.32, No.14) and amended May 31, 1996 (P.L.312,
23 No.49), is amended to read:
24 Section 431. Malt and Brewed Beverages Manufacturers',
25 Distributors' and Importing Distributors' Licenses.--(a) The
1 board shall issue to any person a resident of this Commonwealth
2 of good repute who applies therefor, pays the license fee
3 hereinafter prescribed, and files the bond hereinafter required,
4 a manufacturer's license to produce and manufacture malt or
5 brewed beverages, and to transport, sell and deliver malt or
6 brewed beverages at or from one or more places of manufacture or
7 storage, only in original containers, in quantities of not less
8 than a case or original containers containing one hundred
9 twenty-eight ounces or more which may be sold separately
10 anywhere within the Commonwealth. Licenses for places of storage
11 shall be limited to those maintained by manufacturers on July
12 eighteenth, one thousand nine hundred thirty-five, and the board
13 shall issue no licenses for places of storage in addition to
14 those maintained on July eighteenth, one thousand nine hundred
15 thirty-five, except that on and after July 1, 1997, upon
16 application of a licensed in-State manufacturer of malt or
17 brewed beverages, the board shall issue additional licenses for
18 additional places of storage off premises to each licensed in-
19 State manufacturer of malt or brewed beverages. The application
20 for such license shall be in such form and contain such
21 information as the board shall require. All such licenses shall
22 be granted for a license period to be determined by the board.
23 Every manufacturer shall keep at his or its principal place of
24 business, within the Commonwealth daily permanent records which
25 shall show, (1) the quantities of raw materials received and
26 used in the manufacture of malt or brewed beverages and the
27 quantities of malt or brewed beverages manufactured and stored,
28 (2) the sales of malt or brewed beverages, (3) the quantities of
29 malt or brewed beverages stored for hire or transported for hire
30 by or for the licensee, and (4) the names and addresses of the
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1 purchasers or other recipients thereof. Every place licensed as
2 a manufacturer shall be subject to inspection by members of the
3 board or by persons duly authorized and designated by the board,
4 at any and all times of the day or night, as they may deem
5 necessary, for the detection of violations of this act or of the
6 rules and regulations of the board, or for the purpose of
7 ascertaining the correctness of the records required to be kept
8 by licensees. The books and records of such licensees shall at
9 all times be open to inspection by members of the board or by
10 persons duly authorized and designated by the board. Members of
11 the board and its duly authorized agents shall have the right,
12 without hindrance, to enter any place which is subject to
13 inspection hereunder or any place where such records are kept
14 for the purpose of making such inspections and making
15 transcripts thereof. Whenever any checks issued in payment of
16 filing and/or license fees shall be returned to the board as
17 dishonored, the board shall charge a fee of five dollars ($5.00)
18 per hundred dollars or fractional part thereof, plus all protest
19 fees, to the maker of such check submitted to the board. Failure
20 to make full payment or pay the face amount of the check in full
21 and all charges thereon as herein required within ten days after
22 demand has been made by the board upon the maker of the check or
23 upon notification to the board by the Department of Revenue or
24 the Department of Labor and Industry of its objection, the
25 license of such person shall immediately become invalid and
26 shall remain invalid until payment and all charges are received
27 by the board.
28 * * *
29 Section 2. This act shall take effect in 60 days.
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