PRIOR PRINTER'S NO. 3006 PRINTER'S NO. 4431
No. 2209 Session of 2001
INTRODUCED BY RUFFING, WALKO, CASORIO, CORRIGAN, COSTA,
CREIGHTON, HARHAI, KELLER, SHANER, SOLOBAY, STABACK,
STEELMAN, J. TAYLOR, THOMAS, TIGUE, TRELLO, J. WILLIAMS,
WOJNAROSKI AND G. WRIGHT, DECEMBER 5, 2001
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 8, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the storage,
3 consumption and sale of alcoholic beverages on unlicensed
4 business premises.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 7327 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 7327. Storage, consumption and sale of alcoholic beverages on
10 unlicensed business premises.
11 (a) Storage.--A person commits [a summary] an offense if he
12 stores or permits storage by others of liquor or malt or brewed
13 beverages for the purpose of consumption between the hours of 2
14 a.m. and 8 a.m. on business premises owned, operated, leased or
15 controlled by such person which are not licensed under the act
16 of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.
17 (b) Consumption.--A person commits [a summary] an offense if
1 he allows another to consume liquor or malt or brewed beverages,
2 after payment of an entry fee, cover charge or membership fee,
3 between the hours of 2 a.m. and 8 a.m. on business premises
4 owned, operated, leased or controlled by such person which are
5 not licensed under the Liquor Code.
6 (c) Sale.--A person commits [a summary] an offense if he
7 sells or offers to sell any liquor or malt or brewed beverages
8 between the hours of 2 a.m. and 8 a.m. on business premises
9 owned, operated, leased or controlled by such person which are
10 not licensed under the Liquor Code.
11 (D) CORPORATE LIABILITY.--WITH RESPECT TO AN OFFENSE <--
12 SPECIFIED IN SUBSECTION (A), (B) OR (C), A CORPORATION THAT OWNS
13 OR OPERATES A BOTTLE CLUB IS LIABLE FOR THE ACTS OF ITS
14 SERVANTS, AGENTS AND EMPLOYEES AS PERMITTED BY SECTION 307
15 (RELATING TO LIABILITY OF ORGANIZATIONS AND CERTAIN RELATED
16 PERSONS).
17 (d) (E) Penalty.--A person who violates this section commits <--
18 a misdemeanor of the second degree for a first offense and
19 shall, upon conviction, be sentenced to pay a fine of not less
20 than $1,000. A person who violates this section commits a
21 misdemeanor of the first degree for a second or subsequent
22 offense and shall, upon conviction, be sentenced to pay a fine
23 of not less than $5,000 and to imprisonment for not less than
24 three months 90 DAYS. <--
25 (e) (F) Enforcement.--This section shall be enforceable by a <--
26 law enforcement officer trained in accordance with 53 Pa.C.S.
27 Ch. 21 Subch. D (relating to municipal police education and
28 training) and members of the Pennsylvania State Police and
29 enforcement officers or investigators in accordance with section
30 211 of the Liquor Code.
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1 Section 2. This act shall take effect in 60 days.
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