Bill Text: PA HB1661 | 2011-2012 | Regular Session | Introduced


Bill Title: Further providing for general powers of the Pennsylvania Liquor Control Board.

Spectrum: Moderate Partisan Bill (Republican 18-2)

Status: (Introduced - Dead) 2011-06-14 - Referred to LIQUOR CONTROL [HB1661 Detail]

Download: Pennsylvania-2011-HB1661-Introduced.html

  

 

    

PRINTER'S NO.  2101

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1661

Session of

2011

  

  

INTRODUCED BY MUSTIO, TAYLOR, PAYNE, TURZAI, KILLION, CHRISTIANA, D. COSTA, DENLINGER, ELLIS, D. EVANS, GRELL, KRIEGER, MARSHALL, METCALFE, PEIFER, PETRI, QUIGLEY, REICHLEY, TOOHIL AND VULAKOVICH, JUNE 14, 2011

  

  

REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 14, 2011  

  

  

  

AN ACT

  

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

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

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malt and brewed beverages; amending, revising, consolidating

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and changing the laws relating thereto; regulating and

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restricting the manufacture, purchase, sale, possession,

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consumption, importation, transportation, furnishing, holding

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

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liquors, alcohol and malt and brewed beverages and the

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persons engaged or employed therein; defining the powers and

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duties of the Pennsylvania Liquor Control Board; providing

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for the establishment and operation of State liquor stores,

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for the payment of certain license fees to the respective

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municipalities and townships, for the abatement of certain

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nuisances and, in certain cases, for search and seizure

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without warrant; prescribing penalties and forfeitures;

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providing for local option, and repealing existing laws,"

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further providing for general powers of the Pennsylvania

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Liquor Control Board.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 207(b) of the act of April 12, 1951

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

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June 29, 1987 (P.L.32, No.14), is amended to read:

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Section 207.  General Powers of Board.--Under this act, the

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board shall have the power and its duty shall be:

 


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* * *

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(b)  To control the manufacture, possession, sale,

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consumption, importation, use, storage, transportation and

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delivery of liquor, alcohol and malt or brewed beverages in

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accordance with the provisions of this act, and to fix the

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wholesale and retail prices at which liquors and alcohol shall

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be sold at Pennsylvania Liquor Stores, provided that no price or

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fee increases on wine and spirits sold by the board may be

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implemented by the board without the prior approval of the

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Governor and a majority of the members of the Senate and the

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House of Representatives. Prices shall be proportional with

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prices paid by the board to its suppliers and shall reflect any

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advantage obtained through volume purchases by the board. The

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board may establish a preferential price structure for wines

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produced within this Commonwealth for the promotion of such

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wines, as long as the price structure is uniform within each

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class of wine purchased by the board. The board shall require

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each Pennsylvania manufacturer and each nonresident manufacturer

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of liquors, other than wine, selling such liquors to the board,

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which are not manufactured in this Commonwealth, to make

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application for and be granted a permit by the board before such

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liquors not manufactured in this Commonwealth shall be purchased

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from such manufacturer. Each such manufacturer shall pay for

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such permit a fee which, in the case of a manufacturer of this

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Commonwealth, shall be equal to that required to be paid, if

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any, by a manufacturer or wholesaler of the state, territory or

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country of origin of the liquors, for selling liquors

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manufactured in Pennsylvania, and in the case of a nonresident

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manufacturer, shall be equal to that required to be paid, if

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any, in such state, territory or country by Pennsylvania

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manufacturers doing business in such state, territory or

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country. In the event that any such manufacturer shall, in the

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opinion of the board, sell or attempt to sell liquors to the

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board through another person for the purpose of evading this

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provision relating to permits, the board shall require such

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person, before purchasing liquors from him or it, to take out a

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permit and pay the same fee as hereinbefore required to be paid

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by such manufacturer. All permit fees so collected shall be paid

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into the State Stores Fund. The board shall not purchase any

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alcohol or liquor fermented, distilled, rectified, compounded or

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bottled in any state, territory or country, the laws of which

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result in prohibiting the importation therein of alcohol or

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liquor, fermented, distilled, rectified, compounded or bottled

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in Pennsylvania.

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* * *

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

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