THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY CORMAN, ERICKSON, EICHELBERGER, MENSCH, BREWSTER AND SOLOBAY, APRIL 28, 2011

REFERRED TO LAW AND JUSTICE, APRIL 28, 2011  

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "An act relating to alcoholic liquors, alcohol and

malt and brewed beverages; amending, revising, consolidating

and changing the laws relating thereto; regulating and

restricting the manufacture, purchase, sale, possession,

consumption, importation, transportation, furnishing, holding

in bond, holding in storage, traffic in and use of alcoholic

liquors, alcohol and malt and brewed beverages and the

persons engaged or employed therein; defining the powers and

duties of the Pennsylvania Liquor Control Board; providing

for the establishment and operation of State liquor stores,

for the payment of certain license fees to the respective

municipalities and townships, for the abatement of certain

nuisances and, in certain cases, for search and seizure

without warrant; prescribing penalties and forfeitures;

providing for local option, and repealing existing laws,"

further providing for enforcement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 211(a) of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, reenacted and amended

June 29, 1987 (P.L.32, No.14) and amended October 5, 1994

(P.L.537, No.80), is amended and the section is amended by

adding a subsection to read:

Section 211.  Enforcement.--(a)  There is created within the

Pennsylvania State Police a Bureau of Liquor Control Enforcement

which shall be responsible for enforcing this act and any

regulations promulgated pursuant thereto. [Officers] Subject to

the provisions of subsection (g), officers and investigators

assigned to the bureau shall have the power and their duty shall

be:

(1)  To investigate whenever there are reasonable grounds to

believe liquor, alcohol or malt or brewed beverages are being

sold on premises not licensed under the provisions of this act.

If the investigation produces evidence of the unlawful sale of

liquor or malt or brewed beverages or any other violation of the

provisions of this act, the officer involved in the

investigation shall institute criminal proceedings against the

person or persons believed to have been criminally liable, as

otherwise provided by law or rule of court.

(2)  To arrest on view, except in private homes, without

warrant, any person actually engaged in the unlawful sale,

importation, manufacture or transportation or having unlawful

possession of liquor, alcohol or malt or brewed beverages

contrary to the provisions of this act or any other law of this

Commonwealth or any person whom the officer/investigator, while

in the performance of his assigned duties under and pursuant to

this act and any regulations promulgated under this act,

observes to be in violation of any of the following provisions:

18 Pa.C.S. § 3302 (relating to causing or risking

catastrophe).

18 Pa.C.S. § 3304 (relating to criminal mischief).

18 Pa.C.S. § 4101 (relating to forgery).

18 Pa.C.S. § 5503 (relating to disorderly conduct).

18 Pa.C.S. § 5505 (relating to public drunkenness).

18 Pa.C.S. § 5512 (relating to lotteries, etc.).

18 Pa.C.S. § 5513 (relating to gambling devices, gambling,

etc.).

18 Pa.C.S. § 5514 (relating to pool selling and bookmaking).

18 Pa.C.S. § 6307 (relating to misrepresentation of age to

secure liquor or malt or brewed beverages).

18 Pa.C.S. § 6308 (relating to purchase, consumption,

possession or transportation of liquor or malt or brewed

beverages).

18 Pa.C.S. § 6309 (relating to representing that minor is of

age).

18 Pa.C.S. § 6310.1 (relating to selling or furnishing liquor

or malt or brewed beverages to minors).

18 Pa.C.S. § 6310.3 (relating to carrying a false

identification card).

(3)  Upon reasonable and probable cause, to search for and to

seize, without warrant or process, except in private homes, any

liquor, alcohol or malt or brewed beverages unlawfully

possessed, manufactured, sold, imported or transported and any

stills, equipment, materials, utensils, vehicles, boats,

vessels, animals, aircraft, or any of them, which are or have

been used in the unlawful manufacture, sale, importation or

transportation of the same. Such liquor, alcohol, malt or brewed

beverages, stills, equipment, materials, utensils, vehicles,

boats, vessels, animals or aircraft so seized shall be disposed

of as hereinafter provided.

(4)  To investigate and issue citations for any violations of

this act or any laws of this Commonwealth relating to liquor,

alcohol or malt or brewed beverages, or any regulations of the

board adopted pursuant to such laws or any violation of any laws

of this Commonwealth or of the Federal Government, relating to

the payment of taxes on liquor, alcohol or malt or brewed

beverages by any licensee, his officers, servants, agents or

employes.

(5)  To arrest any person who engages in the following

offenses when the said offenses are committed against the

officer/investigator or any person accompanying and assisting

the officer/investigator while the said officer/investigator is

performing assigned duties under and pursuant to this act and

any regulations promulgated under this act:

18 Pa.C.S. § 2701 (relating to simple assault).

18 Pa.C.S. § 2702 (relating to aggravated assault).

18 Pa.C.S. § 2705 (relating to recklessly endangering another

person).

18 Pa.C.S. § 2706 (relating to terroristic threats).

18 Pa.C.S. § 2709 (relating to harassment and stalking).

18 Pa.C.S. § 5104 (relating to resisting arrest or other law

enforcement).

18 Pa.C.S. § 5501 (relating to riot).

(6)  To serve and execute warrants issued by the proper

authorities for offenses referred to in this subsection and to

serve subpoenas.

(7)  To arrange for the administration of chemical tests of

breath, blood or urine, including preliminary breath tests, to

persons for the purpose of determining the alcoholic content of

blood or the presence of a controlled substance by qualified

personnel of a State or local police department or qualified

personnel of a clinical laboratory licensed and approved by the

Department of Health.

* * *

(g)  (1)  A municipality that has a local police department

with at least one full-time officer or that contracts with

another municipality that has such a local police department for

law enforcement services to be provided to the municipality may

by ordinance elect to enforce the provisions of this act within

the corporate boundaries of the municipality.

(2)  Upon adoption of such ordinance, the local police

department of the municipality or that provides law enforcement

services to the municipality, as applicable, shall have the same

powers and duties as the Bureau of Liquor Control Enforcement

that are specified in this section and may exercise such powers

and duties within the corporate boundaries of the municipality.

(3)  Once the ordinance is adopted by a municipality in

accordance with this section, the Bureau of Liquor Control

Enforcement shall have no powers or duties under this section

within the corporate boundaries of the municipality, unless the

municipality subsequently rescinds the ordinance.

(4)  Notwithstanding any other provision of this act or other

law to the contrary, any fine imposed through enforcement

activity of a municipality that has elected the powers and

duties under this section shall be payable to the municipality.

Section 2.  This act shall take effect in 60 days.