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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY CORMAN, ERICKSON, EICHELBERGER, MENSCH, BREWSTER AND SOLOBAY, APRIL 28, 2011 |
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| REFERRED TO LAW AND JUSTICE, APRIL 28, 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 enforcement. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. Section 211(a) of the act of April 12, 1951 |
21 | (P.L.90, No.21), known as the Liquor Code, reenacted and amended |
22 | June 29, 1987 (P.L.32, No.14) and amended October 5, 1994 |
23 | (P.L.537, No.80), is amended and the section is amended by |
24 | adding a subsection to read: |
25 | Section 211. Enforcement.--(a) There is created within the |
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1 | Pennsylvania State Police a Bureau of Liquor Control Enforcement |
2 | which shall be responsible for enforcing this act and any |
3 | regulations promulgated pursuant thereto. [Officers] Subject to |
4 | the provisions of subsection (g), officers and investigators |
5 | assigned to the bureau shall have the power and their duty shall |
6 | be: |
7 | (1) To investigate whenever there are reasonable grounds to |
8 | believe liquor, alcohol or malt or brewed beverages are being |
9 | sold on premises not licensed under the provisions of this act. |
10 | If the investigation produces evidence of the unlawful sale of |
11 | liquor or malt or brewed beverages or any other violation of the |
12 | provisions of this act, the officer involved in the |
13 | investigation shall institute criminal proceedings against the |
14 | person or persons believed to have been criminally liable, as |
15 | otherwise provided by law or rule of court. |
16 | (2) To arrest on view, except in private homes, without |
17 | warrant, any person actually engaged in the unlawful sale, |
18 | importation, manufacture or transportation or having unlawful |
19 | possession of liquor, alcohol or malt or brewed beverages |
20 | contrary to the provisions of this act or any other law of this |
21 | Commonwealth or any person whom the officer/investigator, while |
22 | in the performance of his assigned duties under and pursuant to |
23 | this act and any regulations promulgated under this act, |
24 | observes to be in violation of any of the following provisions: |
25 | 18 Pa.C.S. § 3302 (relating to causing or risking |
26 | catastrophe). |
27 | 18 Pa.C.S. § 3304 (relating to criminal mischief). |
28 | 18 Pa.C.S. § 4101 (relating to forgery). |
29 | 18 Pa.C.S. § 5503 (relating to disorderly conduct). |
30 | 18 Pa.C.S. § 5505 (relating to public drunkenness). |
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1 | 18 Pa.C.S. § 5512 (relating to lotteries, etc.). |
2 | 18 Pa.C.S. § 5513 (relating to gambling devices, gambling, |
3 | etc.). |
4 | 18 Pa.C.S. § 5514 (relating to pool selling and bookmaking). |
5 | 18 Pa.C.S. § 6307 (relating to misrepresentation of age to |
6 | secure liquor or malt or brewed beverages). |
7 | 18 Pa.C.S. § 6308 (relating to purchase, consumption, |
8 | possession or transportation of liquor or malt or brewed |
9 | beverages). |
10 | 18 Pa.C.S. § 6309 (relating to representing that minor is of |
11 | age). |
12 | 18 Pa.C.S. § 6310.1 (relating to selling or furnishing liquor |
13 | or malt or brewed beverages to minors). |
14 | 18 Pa.C.S. § 6310.3 (relating to carrying a false |
15 | identification card). |
16 | (3) Upon reasonable and probable cause, to search for and to |
17 | seize, without warrant or process, except in private homes, any |
18 | liquor, alcohol or malt or brewed beverages unlawfully |
19 | possessed, manufactured, sold, imported or transported and any |
20 | stills, equipment, materials, utensils, vehicles, boats, |
21 | vessels, animals, aircraft, or any of them, which are or have |
22 | been used in the unlawful manufacture, sale, importation or |
23 | transportation of the same. Such liquor, alcohol, malt or brewed |
24 | beverages, stills, equipment, materials, utensils, vehicles, |
25 | boats, vessels, animals or aircraft so seized shall be disposed |
26 | of as hereinafter provided. |
27 | (4) To investigate and issue citations for any violations of |
28 | this act or any laws of this Commonwealth relating to liquor, |
29 | alcohol or malt or brewed beverages, or any regulations of the |
30 | board adopted pursuant to such laws or any violation of any laws |
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1 | of this Commonwealth or of the Federal Government, relating to |
2 | the payment of taxes on liquor, alcohol or malt or brewed |
3 | beverages by any licensee, his officers, servants, agents or |
4 | employes. |
5 | (5) To arrest any person who engages in the following |
6 | offenses when the said offenses are committed against the |
7 | officer/investigator or any person accompanying and assisting |
8 | the officer/investigator while the said officer/investigator is |
9 | performing assigned duties under and pursuant to this act and |
10 | any regulations promulgated under this act: |
11 | 18 Pa.C.S. § 2701 (relating to simple assault). |
12 | 18 Pa.C.S. § 2702 (relating to aggravated assault). |
13 | 18 Pa.C.S. § 2705 (relating to recklessly endangering another |
14 | person). |
15 | 18 Pa.C.S. § 2706 (relating to terroristic threats). |
16 | 18 Pa.C.S. § 2709 (relating to harassment and stalking). |
17 | 18 Pa.C.S. § 5104 (relating to resisting arrest or other law |
18 | enforcement). |
19 | 18 Pa.C.S. § 5501 (relating to riot). |
20 | (6) To serve and execute warrants issued by the proper |
21 | authorities for offenses referred to in this subsection and to |
22 | serve subpoenas. |
23 | (7) To arrange for the administration of chemical tests of |
24 | breath, blood or urine, including preliminary breath tests, to |
25 | persons for the purpose of determining the alcoholic content of |
26 | blood or the presence of a controlled substance by qualified |
27 | personnel of a State or local police department or qualified |
28 | personnel of a clinical laboratory licensed and approved by the |
29 | Department of Health. |
30 | * * * |
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1 | (g) (1) A municipality that has a local police department |
2 | with at least one full-time officer or that contracts with |
3 | another municipality that has such a local police department for |
4 | law enforcement services to be provided to the municipality may |
5 | by ordinance elect to enforce the provisions of this act within |
6 | the corporate boundaries of the municipality. |
7 | (2) Upon adoption of such ordinance, the local police |
8 | department of the municipality or that provides law enforcement |
9 | services to the municipality, as applicable, shall have the same |
10 | powers and duties as the Bureau of Liquor Control Enforcement |
11 | that are specified in this section and may exercise such powers |
12 | and duties within the corporate boundaries of the municipality. |
13 | (3) Once the ordinance is adopted by a municipality in |
14 | accordance with this section, the Bureau of Liquor Control |
15 | Enforcement shall have no powers or duties under this section |
16 | within the corporate boundaries of the municipality, unless the |
17 | municipality subsequently rescinds the ordinance. |
18 | (4) Notwithstanding any other provision of this act or other |
19 | law to the contrary, any fine imposed through enforcement |
20 | activity of a municipality that has elected the powers and |
21 | duties under this section shall be payable to the municipality. |
22 | Section 2. This act shall take effect in 60 days. |
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