PRINTER'S NO. 1743
No. 1396 Session of 2007
INTRODUCED BY NICKOL, CARROLL, EVERETT, FAIRCHILD, GILLESPIE,
HENNESSEY, KORTZ, MAHONEY, R. MILLER, MOUL, MOYER, NAILOR,
M. O'BRIEN, PEIFER, PICKETT, RAPP, REICHLEY, ROSS, RUBLEY,
SCHRODER AND SONNEY, MAY 29, 2007
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 29, 2007
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 of licensees.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 491(2) and (3) of the act of April 12,
21 1951 (P.L.90, No.21), known as the Liquor Code, reenacted and
22 amended June 29, 1987 (P.L.32, No.14) and amended July 7, 2006
23 (P.L.584, No.84), are amended to read:
24 Section 491. Unlawful Acts Relative to Liquor, Alcohol and
1 Liquor Licensees.--
2 It shall be unlawful--
3 * * *
4 (2) Possession or Transportation of Liquor or Alcohol. For
5 any person, except a manufacturer or the board or the holder of
6 a sacramental wine license or of an importer's license, to
7 possess or transport any liquor or alcohol within this
8 Commonwealth which was not lawfully acquired prior to January
9 first, one thousand nine hundred and thirty-four, or has not
10 been purchased from a Pennsylvania Liquor Store or a licensed
11 limited winery in Pennsylvania, except in accordance with
12 section 488 or the board's regulations. In addition, it shall be
13 lawful for anyone to possess miniatures totaling less than one
14 gallon purchased in another state or a foreign country. The
15 burden shall be upon the person possessing or transporting such
16 liquor or alcohol to prove that it was so acquired.
17 Notwithstanding this section or any other provision of the law,
18 wine may be produced by any person without a license if the wine
19 is not produced for sale and total production does not exceed
20 two hundred gallons per calendar year. Wine produced in
21 accordance with this clause may be used at organized affairs,
22 exhibitions, competitions, contests, tastings or judgings if it
23 is not sold or offered for sale.
24 None of the provisions herein contained shall prohibit nor
25 shall it be unlawful for any person to import into Pennsylvania,
26 transport or have in his possession, an amount of liquor not
27 exceeding one gallon in volume upon which a State tax has not
28 been paid, if it can be shown to the satisfaction of the board
29 that such person purchased the liquor in a foreign country or
30 United States territory and was allowed to bring it into the
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1 United States. Neither shall the provisions contained herein
2 prohibit nor make it unlawful for (i) any member of the armed
3 forces on active duty, or (ii) any retired member of the armed
4 forces, or (iii) any totally disabled veteran, or (iv) the
5 spouse of any person included in the foregoing classes of
6 persons to import into Pennsylvania, transport or have in his
7 possession an amount of liquor not exceeding one gallon per
8 month in volume upon which the State tax has not been paid, so
9 long as such liquor has been lawfully purchased from a package
10 store established and maintained under the authority of the
11 United States and is in containers identified in accordance with
12 regulations issued by the Department of Defense. Such liquor
13 shall not be possessed, offered for sale or sold on any licensed
14 premises.
15 None of the provisions herein contained shall prohibit nor
16 shall it be unlawful for any consul general, consul or other
17 diplomatic officer of a foreign government to import into
18 Pennsylvania, transport or have in his possession liquor upon
19 which a State tax has not been paid, if it can be shown to the
20 satisfaction of the board that such person acquired the liquor
21 in a foreign country and was allowed to bring it into the United
22 States. Such liquor shall not be possessed, offered for sale or
23 sold on any licensed premises.
24 Nothing in this clause shall be construed to prohibit a
25 person from possessing or transporting within this Commonwealth
26 wine which was not purchased in this Commonwealth if the amount
27 does not exceed one hundred twenty-eight ounces and if the wine
28 is for the person's personal use and not for resale.
29 Any person violating the provisions of this clause for a
30 first offense involving the possession or transportation in
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1 Pennsylvania of any liquor in a package (bottle or other
2 receptacle) or wine not purchased from a Pennsylvania Liquor
3 Store or from a licensed limited winery in Pennsylvania, with
4 respect to which satisfactory proof is produced that the
5 required Federal tax has been paid and which was purchased,
6 procured or acquired legally outside of Pennsylvania shall upon
7 conviction thereof in a summary proceeding be sentenced to pay a
8 fine of twenty-five dollars ($25) for each such package, plus
9 costs of prosecution, or undergo imprisonment for a term not
10 exceeding ninety (90) days. Each full quart or major fraction
11 thereof shall be considered a separate package (bottle or other
12 receptacle) for the purposes of this clause. Such packages of
13 liquor shall be forfeited to the Commonwealth in the manner
14 prescribed in Article VI of this act but the vehicle, boat,
15 vessel, animal or aircraft used in the illegal transportation of
16 such packages shall not be subject to forfeiture: Provided,
17 however, That if it is a second or subsequent offense or if it
18 is established that the illegal possession or transportation was
19 in connection with a commercial transaction, then the other
20 provisions of this act providing for prosecution as a
21 misdemeanor and for the forfeiture of the vehicle, boat, vessel,
22 animal or aircraft shall apply.
23 (3) Purchase of Liquor or Alcohol. For any person within
24 this Commonwealth, by himself or by an employe or agent, to
25 attempt to purchase, or directly or indirectly, or upon any
26 pretense or device whatsoever, to purchase any liquor or alcohol
27 from any person or source other than a Pennsylvania Liquor
28 Store, except in accordance with the provisions of this act or
29 the regulations of the board.
30 Nothing in this clause shall be construed to prohibit a
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1 person from purchasing wine outside of this Commonwealth if the
2 amount does not exceed one hundred twenty-eight ounces and if
3 the wine is for the person's personal use and not for resale.
4 * * *
5 Section 2. This act shall take effect in 60 days.
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