Bill Text: PA HB479 | 2009-2010 | Regular Session | Amended

---

Bill Title: Further providing for prohibitions against the grant of licenses and for distributors' and importing distributors' restrictions on sales, storage, etc.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2010-09-13 - Removed from table [HB479 Detail]

Download: Pennsylvania-2009-HB479-Amended.html

---

PRIOR PRINTER'S NO. 531 PRINTER'S NO. 2864
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 479 Session of2009
INTRODUCED BY HANNA, BRENNAN, BROWN, CALTAGIRONE, CREIGHTON, DENLINGER, MAHONEY, READSHAW, GEIST AND MURT, FEBRUARY 18, 2009
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, NOVEMBER 9, 2009
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 prohibitions against the grant of
licenses and for distributors' and importing distributors' <--
restrictions on sales, storage, etc.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 437(f) 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 December 7, 1990 (P.L.622,
No.160), is amended to read:
Section 437. Prohibitions Against the Grant of Licenses.--*
* *
(f) (1) No new distributor's or importing distributor's
license shall hereafter be granted by the board in any county of
the Commonwealth where the combined number of distributor and
importing distributor licenses exceeds one license for each
thirty thousand inhabitants of the county in which the license
is to be issued: Provided, That a combined total of [five] four
such licenses may be granted in any county of the Commonwealth.
(2) Nothing in this subsection shall be construed as denying
the right of the board to renew or to transfer existing
distributors' or importing distributors' licenses or to exchange
a distributor's license for an importing distributor's license
or to exchange an importing distributor's license for a
distributor's license, upon adjustment of the applicable fee,
notwithstanding that the number of such licensed places in the
county shall exceed the limitation hereinbefore prescribed:
Provided, That no distributor's license or importing
distributor's license shall be transferred from one county to
another county so long as the quota is filled in the county to
which the license is proposed to be transferred.
Section 2. Section 441(d) of the act is amended and the <--
section is amended by adding a subsection to read:
Section 441. Distributors' and Importing Distributors'
Restrictions on Sales, Storage, Etc.--* * *
(d) (1) No distributor [or importing distributor] shall
maintain any place for the storage of malt or brewed beverages
except in the same municipality in which the licensed premises
is located and unless the same has been approved by the board.
In the event there is no place of cold storage in the same
20090HB0479PN2864 - 2 -
municipality, the board may approve a place of cold storage in
the nearest municipality.
(2) No importing distributor shall maintain any place for
the storage of malt or brewed beverages except in the franchise
territory in which the licensed premises is located and unless
the same has been approved by the board. The board shall issue
no more than two storage facility licenses to an importing
distributor. The importing distributor shall designate to the
board one storage location where they may make retail sales. The
other storage location shall be designated solely as a storage
facility, from which only sales to other licensees are
permitted.
* * *
(h) As used in this section, the term "franchise territory"
shall mean the geographically contiguous area in which an
importing distributor has been given rights for the sale or
resale of malt or brewed beverages.
Section 2 3. This act shall take effect in 60 days. <--
20090HB0479PN2864 - 3 -