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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FARNESE, FERLO, FONTANA, SOLOBAY, ERICKSON, EARLL, MENSCH AND BOSCOLA, MARCH 23, 2011 |
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| REFERRED TO LAW AND JUSTICE, MARCH 23, 2011 |
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| AN ACT |
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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 shipment of wine into Commonwealth. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. Section 488 of the act of April 12, 1951 (P.L.90, |
21 | No.21), known as the Liquor Code, reenacted and amended June 29, |
22 | 1987 (P.L.32, No.14) and added February 21, 2002 (P.L.103, No. |
23 | 10), is amended to read: |
24 | Section 488. Shipment of Wine [into Commonwealth].--(a) The |
25 | shipment of wine [from out-of-State] to residents of this |
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1 | Commonwealth [is prohibited, except as otherwise provided for |
2 | in] shall be governed by this section. |
3 | (b) Notwithstanding any other provision of this act or law |
4 | to the contrary, a person licensed by the board or another state |
5 | as a producer, supplier, importer, wholesaler, distributor or |
6 | retailer of wine and who obtains a direct wine shipper license |
7 | as provided for in this section may ship up to [nine] eighteen |
8 | liters per month of any wine [not included on the list provided |
9 | for in subsection (c)] on the Internet or mail order of any |
10 | resident of this Commonwealth who is at least twenty-one (21) |
11 | years of age for such resident's personal use and not for |
12 | resale. |
13 | [(c) Each month, the board shall publish on the Internet a |
14 | list of all classes, varieties and brands of wine available for |
15 | sale in the Pennsylvania Liquor Stores. A person holding a |
16 | direct shipper license may ship only those classes, varieties |
17 | and brands of wine not included on the list at the time an |
18 | Internet order is placed.] |
19 | (c.1) Prior to issuing a direct wine shipper license, the |
20 | board shall require the person seeking the license to: |
21 | (1) File an application with the board. |
22 | (2) Pay a one hundred dollar ($100) registration fee. |
23 | (3) Provide to the board a true copy of its current |
24 | alcoholic beverage license issued by the board or another state, |
25 | if applicable. |
26 | (4) Provide the board with any other information the board |
27 | deems necessary and appropriate. |
28 | (d) [An out-of-State] A direct wine shipper shall: |
29 | (1) Not ship more than [nine] eighteen liters per month on |
30 | the Internet or mail order of any person in this Commonwealth. |
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1 | (2) Report to the board each year the total of wine shipped |
2 | [into] to residents of this Commonwealth in the preceding |
3 | calendar year. |
4 | (3) Permit the board or the Secretary of Revenue, or their |
5 | designated representatives, to perform an audit of the [out-of- |
6 | State] direct wine shipper's records upon request. |
7 | (4) Be deemed to have submitted to the jurisdiction of the |
8 | board, any other State agency and the courts of this |
9 | Commonwealth for purposes of enforcement of this section and any |
10 | related laws, rules or regulations. |
11 | (5) Ensure that all containers of wine shipped directly to a |
12 | resident in this Commonwealth are conspicuously labeled with the |
13 | words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER |
14 | REQUIRED FOR DELIVERY." |
15 | (6) Annually pay to the Department of Revenue all taxes due |
16 | on sales to residents of this Commonwealth in the preceding |
17 | calendar year and the amount of such taxes shall be calculated |
18 | as if the sale were in this Commonwealth at the location where |
19 | delivery is made. |
20 | (7) Annually renew its license by paying a renewal fee |
21 | established by the board. |
22 | (e) A direct shipper may ship wine on the Internet or mail |
23 | order of a resident into this Commonwealth provided that the |
24 | wine [is shipped to a Pennsylvania Liquor Store selected by the |
25 | resident. The wine will be subject to taxes in the same manner |
26 | as wine sold directly by the board. The wine will not be |
27 | released by the State store until all moneys due, including all |
28 | taxes and fees, have been paid by the resident.] will be subject |
29 | to all taxes due on sales to residents of this Commonwealth with |
30 | the amount of such taxes to be calculated as if the sale were in |
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1 | this Commonwealth at the location where delivery is made. |
2 | (f) [A person shall sign an affidavit provided by the |
3 | Pennsylvania Liquor Store where the wine was delivered to |
4 | stating that the wine will only be used for the person's |
5 | personal use.] Any person who resells wine obtained under this |
6 | section commits a misdemeanor of the second degree. |
7 | (g) The board may promulgate such rules and regulations as |
8 | are necessary to implement and enforce the provisions of this |
9 | section. [The board may charge the resident a fee to cover the |
10 | cost associated with processing the Internet order.] |
11 | (h) The board shall submit [monthly] annual reports to the |
12 | Appropriations Committee and the Law and Justice Committee of |
13 | the Senate and to the Appropriations Committee and the Liquor |
14 | Control Committee of the House of Representatives summarizing |
15 | the number of direct shipper licenses issued by the board[,] and |
16 | the quantity of wine sold by direct wine shippers pursuant to |
17 | this section [and the total dollar value of sales under this |
18 | section]. |
19 | (i) The term "wine" as used in this section shall mean |
20 | liquor which is fermented from grapes and other fruits, having |
21 | alcoholic content of twenty-four per centum or less. The term |
22 | "wine" shall not include malt or brewed beverages nor shall wine |
23 | include any products containing alcohol derived from malt, |
24 | grain, cereal, molasses or cactus. |
25 | (j) The term "direct wine shipper" as used in this section |
26 | shall mean a person who holds a direct wine shipper license as |
27 | provided in this section. |
28 | Section 2. This act shall take effect in 60 days. |
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