Bill Text: PA HB765 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for liquor importers' licenses.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-06 - Referred to LIQUOR CONTROL [HB765 Detail]

Download: Pennsylvania-2009-HB765-Introduced.html

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PRINTER'S NO. 855
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 765 Session of2009
INTRODUCED BY PETRI, BEYER, CALTAGIRONE, DONATUCCI, FREEMAN, KORTZ, MUSTIO, M. O'BRIEN, O'NEILL, PAYNE, READSHAW, REICHLEY, SIPTROTH, SOLOBAY AND WANSACZ, MARCH 6, 2009
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 6, 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 liquor importers' licenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 410 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 21, 1998 (P.L.1202,
No.155) and December 9, 2002 (P.L.1653, No.212), is amended to
read:
Section 410. Liquor Importers' Licenses; Fees; Privileges;
Restrictions.--(a) Subject to the provisions of this act in
general and more particularly to the following provisions of
this section, the board shall issue liquor importers' licenses
to qualified applicants.
(b) Every applicant for an importer's license shall file a
written application with the board in such form as the board
shall from time to time prescribe. The filing and license fees
shall be as prescribed in section 614-A of the act of April 9,
1929 (P.L.177, No.175), known as "The Administrative Code of
1929." Every such application shall contain a description of the
principal place of business for which the applicant desires a
license and shall set forth such other material information as
may be required by the board.
(c) The holder of an importer's license may have included in
such license one warehouse wherein only his liquor may be kept
and stored, located in the same municipality in which his
licensed premises is situate, and not elsewhere, unless such
licensee secures from the board a license for each additional
storage warehouse desired. The board is authorized and empowered
to issue to a holder of an importer's license a license for an
additional storage warehouse or warehouses located in this
Commonwealth, provided such licensed importer files with the
board a separate application for each warehouse in such form and
containing such information as the board may from time to time
require. The filing and license fees shall be as prescribed in
section 614-A of "The Administrative Code of 1929."
(d) If the applicant is a natural person, his application
must show that he is a citizen of the United States or a
resident alien and a resident of this Commonwealth. If the
applicant is an association or partnership, each and every
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member of the association or partnership must be a citizen of
the United States or a resident alien and a resident of this
Commonwealth. If the applicant is a corporation, the application
must show that the corporation was created under the laws of
Pennsylvania or holds a certificate of authority to transact
business in Pennsylvania, and that all officers, directors and
stockholders are citizens of the United States or resident
aliens.
(e) Importers' licenses shall permit the holders thereof to
bring or import liquor from other states, foreign countries, or
insular possessions of the United States, and purchase liquor
from manufacturers located within this Commonwealth, to be sold
outside of this Commonwealth or to Pennsylvania Liquor Stores
within this Commonwealth, or when in original containers of ten
gallons or greater capacity, to licensed manufacturers within
this Commonwealth. Importing distributors that import liquor
from a foreign country through a port located in this
Commonwealth shall receive from Pennsylvania Liquor Stores a
bonus of two per centum of the wholesale price of the imported
liquor sold to Pennsylvania Liquor Stores.
All importations of liquor into Pennsylvania by the licensed
importer shall be consigned to the board or the principal place
of business or authorized place of storage maintained by the
licensee.
(f) Every importer shall maintain on the licensed premises
such records as the board may prescribe. Any such license may be
suspended or revoked by the board upon proof satisfactory to it
that the licensee has violated any law of this Commonwealth or
any regulation of the board relating to liquor and alcohol. The
procedure in such cases shall be the same as for the revocation
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and suspension of hotel, restaurant and club licenses.
Section 2. This act shall take effect in 60 days.
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