PRINTER'S NO. 3671
No. 2675 Session of 1998
INTRODUCED BY MARKOSEK, SHANER AND SAINATO, JUNE 3, 1998
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 3, 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 sales by Pennsylvania Liquor Stores.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 305(b) and (c) 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), are amended to read:
23 Section 305. Sales by Pennsylvania Liquor Stores.--* * *
24 (b) Every Pennsylvania Liquor Store shall sell liquors at
25 wholesale to hotels, restaurants, clubs, and railroad, pullman
1 and steamship companies licensed under this act; and, under the
2 regulations of the board, to pharmacists duly licensed and
3 registered under the laws of the Commonwealth, and to
4 manufacturing pharmacists, and to reputable hospitals approved
5 by the board, or chemists. The board may sell to registered
6 pharmacists only such liquors as conform to the Pharmacopoeia of
7 the United States, the National Formulary, or the American
8 Homeopathic Pharmacopoeia. The board may sell at special prices
9 under the regulations of the board, to United States Armed
10 Forces facilities which are located on United States Armed
11 Forces installations and are conducted pursuant to the authority
12 and regulations of the United States Armed Forces. All other
13 sales by such stores shall be at retail. A person entitled to
14 purchase liquor [at wholesale prices] may purchase the liquor at
15 any Pennsylvania Liquor Store upon tendering cash, check or
16 credit card for the full amount of the purchase. For [this] the
17 purpose of wholesale sales, the board shall issue a discount
18 card to each licensee identifying such licensee as a person
19 authorized to purchase liquor at wholesale prices. Such discount
20 card shall be retained by the licensee. The board may contract
21 through the Commonwealth bidding process for delivery to
22 wholesale licensees at the expense of the licensee receiving the
23 delivery. For the purpose of retail sales, the board shall
24 require appropriate identification for sales by check or credit
25 card.
26 (c) Whenever any checks issued in payment of liquor or
27 alcohol purchased from State Liquor Stores [by persons holding
28 wholesale purchase permit cards issued by the board] shall be
29 returned to the board as dishonored, the board shall charge a
30 fee of [five] twenty dollars per hundred dollars or fractional
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1 part thereof, plus all protest fees, to the maker of such check
2 submitted to the board. Failure to pay the face amount of the
3 check in full and all charges thereon as herein required within
4 ten days after demand has been made by the board upon the maker
5 of the check shall be cause for revocation or suspension of any
6 license issued by the board to the person who issued such check
7 and the cancellation of [the] a wholesale purchase permit card
8 held by such person.
9 * * *
10 Section 2. This act shall take effect in 60 days.
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