PRINTER'S NO. 95
No. 105 Session of 2005
INTRODUCED BY MELLOW, COSTA, LAVALLE, STOUT, KASUNIC, MUSTO,
TARTAGLIONE, KITCHEN AND STACK, JANUARY 31, 2005
REFERRED TO LAW AND JUSTICE, JANUARY 31, 2005
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 providing for sales of Pennsylvania lottery tickets in State
18 liquor stores.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 207(a) 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), and amended November 30, 2004
24 (P.L.1727, No.221), and December 8, 2004 (P.L.1810, No.239), is
25 amended to read:
1 Section 207. General Powers of Board.--Under this act, the
2 board shall have the power and its duty shall be:
3 (a) To buy, import or have in its possession for sale and
4 sell liquor, alcohol, corkscrews, wine and liquor accessories,
5 trade publications, gift cards, gift certificates, wine or
6 liquor-scented candles, State lottery tickets and games and wine
7 glasses in the manner set forth in this act: Provided, however,
8 That all purchases shall be made subject to the approval of the
9 State Treasurer, or his designated deputy. The board shall buy
10 liquor and alcohol at the lowest price and in the greatest
11 variety reasonably obtainable.
12 * * *
13 Section 2. Section 305 of the act is amended by adding a
14 subsection to read:
15 Section 305. Sales by Pennsylvania Liquor Stores.--* * *
16 (j) (1) Notwithstanding any other provision of law to the
17 contrary, the Secretary of Revenue shall permit the board to
18 operate and maintain Pennsylvania lottery instant ticket vending
19 machines, player-activated terminals and technologies or systems
20 subsequently approved by the Department of Revenue for the self-
21 service sale of lottery tickets and games in Pennsylvania liquor
22 stores. The secretary shall determine the number and location of
23 the stores authorized to conduct self-service sales of lottery
24 tickets and games.
25 (2) Notwithstanding the provisions of the act of August 26,
26 1971 (P.L.351, No.91), known as the "State Lottery Law," the
27 board shall not be required to obtain a license or post any type
28 of bond prior to conducting self-service sales of lottery
29 tickets and games, nor shall the board be entitled to any
30 commission, compensation or any type of incentive award based on
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1 the sale of lottery tickets and games authorized under this
2 subsection.
3 (3) All monies derived from paragraph (2) shall be dedicated
4 to the programs set forth in chapter 5 of the "State Lottery
5 Law."
6 Section 3. This act shall take effect in 60 days.
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