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| PRIOR PRINTER'S NO. 558 | PRINTER'S NO. 1856 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GILLESPIE, CLYMER, GEIST, GINGRICH, GROVE, MILLER, MOUL, O'NEILL, PAYNE AND REICHLEY, FEBRUARY 9, 2011 |
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| AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 11, 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 storage by distributors and importing |
18 | distributors. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Section 441(d) of act of April 12, 1951 (P.L.90, |
22 | No.21), known as the Liquor Code, reenacted and amended June 29, |
23 | 1987 (P.L.32, No.14), is amended and the section is amended by |
24 | adding a subsection to read: |
25 | Section 441. Distributors' and Importing Distributors' |
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1 | Restrictions on Sales, Storage, Etc.--* * * |
2 | (d) (1) No distributor [or importing distributor] shall | <-- |
3 | maintain any place for the storage of malt or brewed beverages |
4 | except in the same municipality in which the licensed premises |
5 | is located and unless the same has been approved by the board. |
6 | In the event there is no place of cold storage in the same |
7 | municipality, the board may approve a place of cold storage in |
8 | the nearest municipality. |
9 | (2) No importing distributor shall maintain any place for |
10 | the storage of malt or brewed beverages except in the franchise |
11 | territory in which the licensed premises is located and unless |
12 | the same has been approved by the board. The board shall issue |
13 | no more than two one storage facility licenses license to an | <-- |
14 | importing distributor. The importing distributor shall designate | <-- |
15 | to the board one storage location where they may make retail |
16 | sales. The other storage location shall be designated solely as | <-- |
17 | a storage facility, from which only sales to other licensees are |
18 | permitted. Retail sales may be made at the licensed location | <-- |
19 | pursuant to section 441(c). |
20 | * * * |
21 | (h) As used in this section, the term "franchise territory" |
22 | shall mean the geographically contiguous area in which an |
23 | importing distributor has been given rights for the sale or |
24 | resale of mat malt or brewed beverages. | <-- |
25 | Section 2. This act shall take effect in 60 days. |
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