Bill Text: PA HB839 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for unlawful acts relating to wine and for limited wineries.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2011-02-28 - Referred to LIQUOR CONTROL [HB839 Detail]

Download: Pennsylvania-2011-HB839-Introduced.html

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PRINTER'S NO. 868
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 839 Session of2011
INTRODUCED BY SONNEY, BARRAR, EVERETT, FABRIZIO, GODSHALL AND PYLE, FEBRUARY 28, 2011
REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 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 unlawful acts relating to wine and for
limited wineries.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 491(2), (8) and (11) 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 February
21, 2002 (P.L.103, No.10), December 9, 2002 (P.L.1653, No.212)
and July 7, 2006 (P.L.584, No.84), are amended to read:
Section 491. Unlawful Acts Relative to Liquor, Alcohol and
Liquor Licensees.--
It shall be unlawful--
* * *
(2) Possession or Transportation of Liquor or Alcohol. For
any person, except a manufacturer or the board or the holder of
a sacramental wine license or of an importer's license, to
possess or transport any liquor or alcohol within this
Commonwealth which was not lawfully acquired prior to January
first, one thousand nine hundred and thirty-four, or has not
been purchased from a Pennsylvania Liquor Store or a licensed
limited winery in Pennsylvania, except in accordance with
section 488 or the board's regulations. In addition, it shall be
lawful for anyone to possess miniatures totaling less than one
gallon purchased in another state or a foreign country. The
burden shall be upon the person possessing or transporting such
liquor or alcohol to prove that it was so acquired.
Notwithstanding this section or any other provision of the law,
wine may be produced by any person without a license if the wine
is not produced for sale and total production does not exceed
two hundred gallons per calendar year. Wine produced in
accordance with this clause may be used at organized affairs,
exhibitions, competitions, contests, tastings or judgings if it
is not sold or offered for sale.
None of the provisions herein contained shall prohibit nor
shall it be unlawful for any person to import into Pennsylvania,
transport or have in his possession, an amount of liquor not
exceeding one gallon in volume upon which a State tax has not
been paid, if it can be shown to the satisfaction of the board
that such person purchased the liquor in a foreign country or
United States territory and was allowed to bring it into the
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United States. Neither shall the provisions contained herein
prohibit nor make it unlawful for (i) any member of the armed
forces on active duty, or (ii) any retired member of the armed
forces, or (iii) any totally disabled veteran, or (iv) the
spouse of any person included in the foregoing classes of
persons to import into Pennsylvania, transport or have in his
possession an amount of liquor not exceeding one gallon per
month in volume upon which the State tax has not been paid, so
long as such liquor has been lawfully purchased from a package
store established and maintained under the authority of the
United States and is in containers identified in accordance with
regulations issued by the Department of Defense. Such liquor
shall not be possessed, offered for sale or sold on any licensed
premises.
None of the provisions herein contained shall prohibit nor
shall it be unlawful for any consul general, consul or other
diplomatic officer of a foreign government to import into
Pennsylvania, transport or have in his possession liquor upon
which a State tax has not been paid, if it can be shown to the
satisfaction of the board that such person acquired the liquor
in a foreign country and was allowed to bring it into the United
States. Such liquor shall not be possessed, offered for sale or
sold on any licensed premises.
Notwithstanding this section or any other provision of law,
wine may be imported into and transported within this
Commonwealth by out-of-State wineries which hold a permit as
provided in section 505.2(a)(4).
Any person violating the provisions of this clause for a
first offense involving the possession or transportation in
Pennsylvania of any liquor in a package (bottle or other
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receptacle) or wine not purchased from a Pennsylvania Liquor
Store or from a licensed limited winery in Pennsylvania, with
respect to which satisfactory proof is produced that the
required Federal tax has been paid and which was purchased,
procured or acquired legally outside of Pennsylvania shall upon
conviction thereof in a summary proceeding be sentenced to pay a
fine of twenty-five dollars ($25) for each such package, plus
costs of prosecution, or undergo imprisonment for a term not
exceeding ninety (90) days. Each full quart or major fraction
thereof shall be considered a separate package (bottle or other
receptacle) for the purposes of this clause. Such packages of
liquor shall be forfeited to the Commonwealth in the manner
prescribed in Article VI of this act but the vehicle, boat,
vessel, animal or aircraft used in the illegal transportation of
such packages shall not be subject to forfeiture: Provided,
however, That if it is a second or subsequent offense or if it
is established that the illegal possession or transportation was
in connection with a commercial transaction, then the other
provisions of this act providing for prosecution as a
misdemeanor and for the forfeiture of the vehicle, boat, vessel,
animal or aircraft shall apply.
* * *
(8) Importation and Sales of Alcohol. For any person, to
import alcohol into this Commonwealth, or to sell alcohol to any
person, except in accordance with section 488 and the
regulations of the board. Notwithstanding this section or any
other provision of law, wine may be imported into and
transported within this Commonwealth by out-of-State wineries
which hold a permit as provided in section 505.2(a)(4).
* * *
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(11) Importation of Liquor. For any person, other than the
board or the holder of a sacramental wine license, an importer's
license or a direct shipper's license, to import any liquor
whatsoever into this Commonwealth, but this section shall not be
construed to prohibit railroad and pullman companies from
purchasing and selling liquors purchased outside the
Commonwealth in their dining, club and buffet cars which are
covered by public service liquor licenses and which are operated
in this Commonwealth. Notwithstanding this section or any other
provision of law, wine may be imported into and transported
within the Commonwealth by out-of-State wineries which hold a
permit as provided in section 505.2(a)(4).
* * *
Section 2. Section 505.2(a)(4) of the act, amended July 16,
2007 (P.L.107, No.34), is amended and the subsection is amended
by adding a paragraph to read:
Section 505.2. Limited Wineries.--(a) In the interest of
promoting tourism and recreational development in Pennsylvania,
holders of a limited winery license may:
* * *
(4) (i) At the discretion of the board, obtain a special
permit to participate in alcoholic cider, wine and food
expositions off the licensed premises. A special permit shall be
issued upon proper application and payment of a fee of thirty
dollars ($30) per day for each day of permitted use, not to
exceed five (5) consecutive days. The total number of days for
all the special permits may not exceed forty (40) days in any
calendar year. A special permit shall entitle the holder to
engage in the sale by the glass, by the bottle or in case lots
of alcoholic cider or wine produced by the permittee under the
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authority of a limited winery license. Holders of special
permits may provide tasting samples of wines in individual
portions not to exceed one fluid ounce. Samples at alcoholic
cider, wine and food expositions may be sold or offered free of
charge. Except as provided herein, limited wineries utilizing
special permits shall be governed by all applicable provisions
of this act as well as by all applicable regulations or
conditions adopted by the board.
For the purposes of this clause, "alcoholic cider, wine and
food expositions" are defined as affairs held indoors or
outdoors with the intent of [promoting Pennsylvania products by]
educating those in attendance of the availability, nature and
quality of [Pennsylvania-produced] alcoholic ciders and wines in
conjunction with suitable food displays, demonstrations and
sales. Alcoholic cider, wine and food expositions may also
include activities other than alcoholic cider, wine and food
displays, including arts and crafts, musical activities,
cultural exhibits, agricultural exhibits and farmers markets.
(ii) At the discretion of the board, wineries located
outside of Pennsylvania holding a valid winery or wine
manufacturing license issued by another state and producing no
more than two hundred thousand (200,000) gallons of wine per
year may obtain a special permit to participate in alcoholic
cider, wine and food expositions within this Commonwealth. A
special permit shall be issued upon proper application and
payment of a fee of thirty dollars ($30) per day for each day
of permitted use, not to exceed five (5) consecutive days. The
total number of days for all special permits shall not exceed
forty (40) days in any calendar year. A special permit shall
entitle the holder to engage in the sale by the glass, by the
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bottle or in case lots of alcoholic cider or wine produced by
the permittee. Holders of special permits may provide tasting
samples of wine in individual portions not to exceed one fluid
ounce. Samples of alcoholic cider, wine and food expositions may
be sold or offered free of charge. Except as provided herein,
any out-of-State winery utilizing special permits issued by this
subsection shall be governed by all applicable provisions of
this act as well as by all applicable regulations or conditions
adopted by the board.
For the purpose of this clause, alcoholic cider, wine and
food expositions are defined as affairs held indoors or outdoors
with the intent of educating those in attendance of the
availability, nature and quality of alcoholic ciders and wines
in conjunction with suitable food displays, including arts and
crafts, musical activities, cultural exhibits, agricultural
exhibits and farmers markets.
* * *
Section 3. This act shall take effect in 60 days.
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