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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY RAFFERTY, KITCHEN, YAW, D. WHITE, FARNESE, PILEGGI, VANCE, COSTA, EARLL, McILHINNEY, WOZNIAK, FONTANA, ERICKSON, ALLOWAY, M. WHITE AND WAUGH, FEBRUARY 14, 2011 |
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| REFERRED TO LAW AND JUSTICE, FEBRUARY 14, 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 unlawful acts relative to liquor, |
18 | alcohol and liquor licensees. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Section 491(2), (3), (8) and (11) of the act of |
22 | April 12, 1951 (P.L.90, No.21), known as the Liquor Code, |
23 | reenacted and amended June 29, 1987 (P.L.32, No.14) and amended |
24 | February 21, 2002 (P.L.103, No.10), December 9, 2002 (P.L.1653, |
25 | No.212) and July 7, 2006 (P.L.584, No.84), are amended to read: |
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1 | Section 491. Unlawful Acts Relative to Liquor, Alcohol and |
2 | Liquor Licensees.-- |
3 | It shall be unlawful-- |
4 | * * * |
5 | (2) Possession or Transportation of Liquor or Alcohol. For |
6 | any person, except a manufacturer or the board or the holder of |
7 | a sacramental wine license or of an importer's license, to |
8 | possess or transport any liquor or alcohol within this |
9 | Commonwealth which was not lawfully acquired prior to January |
10 | first, one thousand nine hundred and thirty-four, or has not |
11 | been purchased from a Pennsylvania Liquor Store or a licensed |
12 | limited winery in Pennsylvania, except in accordance with |
13 | section 488 or the board's regulations. In addition, it shall be |
14 | lawful for anyone to possess miniatures totaling less than one |
15 | gallon purchased in another state or a foreign country. The |
16 | burden shall be upon the person possessing or transporting such |
17 | liquor or alcohol to prove that it was so acquired. |
18 | Notwithstanding this section or any other provision of the law, |
19 | wine may be produced by any person without a license if the wine |
20 | is not produced for sale and total production does not exceed |
21 | two hundred gallons per calendar year. Wine produced in |
22 | accordance with this clause may be used at organized affairs, |
23 | exhibitions, competitions, contests, tastings or judgings if it |
24 | is not sold or offered for sale. |
25 | None of the provisions herein contained shall prohibit nor |
26 | shall it be unlawful for any person to import into Pennsylvania, |
27 | transport or have in his possession, an amount of liquor not |
28 | exceeding one gallon in volume upon which a State tax has not |
29 | been paid, if it can be shown to the satisfaction of the board |
30 | that such person purchased the liquor in a foreign country or |
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1 | United States territory and was allowed to bring it into the |
2 | United States. Neither shall the provisions contained herein |
3 | prohibit nor make it unlawful for (i) any member of the armed |
4 | forces on active duty, or (ii) any retired member of the armed |
5 | forces, or (iii) any totally disabled veteran, or (iv) the |
6 | spouse of any person included in the foregoing classes of |
7 | persons to import into Pennsylvania, transport or have in his |
8 | possession an amount of liquor not exceeding one gallon per |
9 | month in volume upon which the State tax has not been paid, so |
10 | long as such liquor has been lawfully purchased from a package |
11 | store established and maintained under the authority of the |
12 | United States and is in containers identified in accordance with |
13 | regulations issued by the Department of Defense. Such liquor |
14 | shall not be possessed, offered for sale or sold on any licensed |
15 | premises. |
16 | None of the provisions herein contained shall prohibit nor |
17 | shall it be unlawful for any consul general, consul or other |
18 | diplomatic officer of a foreign government to import into |
19 | Pennsylvania, transport or have in his possession liquor upon |
20 | which a State tax has not been paid, if it can be shown to the |
21 | satisfaction of the board that such person acquired the liquor |
22 | in a foreign country and was allowed to bring it into the United |
23 | States. Such liquor shall not be possessed, offered for sale or |
24 | sold on any licensed premises. |
25 | None of the provisions of this clause shall prohibit nor |
26 | shall it be unlawful for any person to possess or transport |
27 | within this Commonwealth any wine in an amount not to exceed |
28 | three hundred eighty-four ounces not purchased in this |
29 | Commonwealth for such person's exclusive personal consumption |
30 | and not for resale. |
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1 | Any person violating the provisions of this clause for a |
2 | first offense involving the possession or transportation in |
3 | Pennsylvania of any liquor in a package (bottle or other |
4 | receptacle) or wine not purchased from a Pennsylvania Liquor |
5 | Store or from a licensed limited winery in Pennsylvania, with |
6 | respect to which satisfactory proof is produced that the |
7 | required Federal tax has been paid and which was purchased, |
8 | procured or acquired legally outside of Pennsylvania shall upon |
9 | conviction thereof in a summary proceeding be sentenced to pay a |
10 | fine of twenty-five dollars ($25) for each such package, plus |
11 | costs of prosecution, or undergo imprisonment for a term not |
12 | exceeding ninety (90) days. Each full quart or major fraction |
13 | thereof shall be considered a separate package (bottle or other |
14 | receptacle) for the purposes of this clause. Such packages of |
15 | liquor shall be forfeited to the Commonwealth in the manner |
16 | prescribed in Article VI of this act but the vehicle, boat, |
17 | vessel, animal or aircraft used in the illegal transportation of |
18 | such packages shall not be subject to forfeiture: Provided, |
19 | however, That if it is a second or subsequent offense or if it |
20 | is established that the illegal possession or transportation was |
21 | in connection with a commercial transaction, then the other |
22 | provisions of this act providing for prosecution as a |
23 | misdemeanor and for the forfeiture of the vehicle, boat, vessel, |
24 | animal or aircraft shall apply. |
25 | (3) Purchase of Liquor or Alcohol. For any person within |
26 | this Commonwealth, by himself or by an employe or agent, to |
27 | attempt to purchase, or directly or indirectly, or upon any |
28 | pretense or device whatsoever, to purchase any liquor or alcohol |
29 | from any person or source other than a Pennsylvania Liquor |
30 | Store, except in accordance with the provisions of this act or |
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1 | the regulations of the board. |
2 | None of the provisions of this clause shall prohibit nor |
3 | shall it be unlawful for any person to purchase any wine in an |
4 | amount not to exceed three hundred eighty-four ounces outside |
5 | this Commonwealth for such person's exclusive personal |
6 | consumption and not for resale. |
7 | * * * |
8 | (8) Importation and Sales of Alcohol. For any person, to |
9 | import alcohol into this Commonwealth, or to sell alcohol to any |
10 | person, except in accordance with section 488 and the |
11 | regulations of the board. |
12 | None of the provisions of this clause shall prohibit nor |
13 | shall it be unlawful for any person to import wine in an amount |
14 | not to exceed three hundred eighty-four ounces into this |
15 | Commonwealth for such person's exclusive personal consumption |
16 | and not for resale. |
17 | * * * |
18 | (11) Importation of Liquor. For any person, other than the |
19 | board or the holder of a sacramental wine license, an importer's |
20 | license or a direct shipper's license, to import any liquor |
21 | whatsoever into this Commonwealth, but this section shall not be |
22 | construed to prohibit railroad and pullman companies from |
23 | purchasing and selling liquors purchased outside the |
24 | Commonwealth in their dining, club and buffet cars which are |
25 | covered by public service liquor licenses and which are operated |
26 | in this Commonwealth. |
27 | None of the provisions of this clause shall prohibit nor |
28 | shall it be unlawful for any person to import wine in an amount |
29 | not to exceed three hundred eighty-four ounces into this |
30 | Commonwealth for such person's exclusive personal consumption |
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1 | and not for resale. |
2 | * * * |
3 | Section 2. This act shall take effect in 60 days. |
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