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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PAYNE, V. BROWN, GODSHALL, PETRI, READSHAW, SWANGER AND VULAKOVICH, OCTOBER 6, 2011 |
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| REFERRED TO COMMITTEE ON LIQUOR CONTROL, OCTOBER 6, 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," in |
17 | Pennsylvania Liquor Control Board, further providing for |
18 | appointment of members, terms and salaries and for chairman |
19 | of board. |
20 | The General Assembly of the Commonwealth of Pennsylvania |
21 | hereby enacts as follows: |
22 | Section 1. Section 201 of the act of April 12, 1951 (P.L.90, |
23 | No.21), known as the Liquor Code, reenacted and amended June 29, |
24 | 1987 (P.L.32, No.14) and amended February 21, 2002 (P.L.103, |
25 | No.10), is amended to read: |
26 | Section 201. Appointment of Members; Terms; Salaries.--(a) |
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1 | An independent administrative board to be known as the |
2 | "Pennsylvania Liquor Control Board" is hereby created. The board |
3 | shall consist of [three] thirteen members to be appointed [by |
4 | the Governor by and with the advice and consent of two-thirds of |
5 | all the members of the Senate, not more than two of whom shall |
6 | be from the same political party as the Governor. Of the members |
7 | first appointed after the effective date of this amendatory act, |
8 | one member shall serve a term of three years, one member shall |
9 | serve a term of four years, and one member shall serve a term of |
10 | five years. Subsequent] in the following manner: two members |
11 | shall be appointed by the Governor; one member shall be |
12 | appointed by the President pro tempore of the Senate; one member |
13 | shall be appointed by the Speaker of the House of |
14 | Representatives; one member shall be appointed by the minority |
15 | leader of the Senate; one member shall be appointed by the |
16 | minority leader of the House of Representatives; one member |
17 | shall be appointed by the Pennsylvania Restaurant Association; |
18 | one member shall be appointed by the Pennsylvania Tavern |
19 | Association; one member shall be appointed by the Pennsylvania |
20 | Winery Association; one member shall be appointed by the Wine |
21 | and Spirits Wholesalers of America; one member shall be |
22 | appointed by the Pennsylvania Brewers' Guild; one member shall |
23 | be appointed by the Pennsylvania Beer Alliance; and one member |
24 | shall be appointed by the Malt Beverage Distributors Association |
25 | of Pennsylvania. |
26 | (b) All terms shall be for four years, ending on the third |
27 | Tuesday in May. A member may continue to hold office for a |
28 | period not to exceed six months beyond the expiration of that |
29 | member's term if a successor to that member has not been duly |
30 | appointed and qualified according to law. Each of the members |
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1 | shall receive an annual salary pursuant to the provisions of the |
2 | act of September 30, 1983 (P.L.160, No.39), known as the "Public |
3 | Official Compensation Law." |
4 | Section 2. Section 203 of the act is amended to read: |
5 | Section 203. Chairman of Board.--(a) The Governor shall |
6 | designate one of the board members as chairman who shall serve |
7 | in that position at the pleasure of the Governor. The chairman |
8 | shall, when present, preside at all meetings, and in his absence |
9 | a member designated by the chairman shall preside. |
10 | (b) [Two] Nine members of the board shall constitute a |
11 | quorum, and any action or order of the board shall require the |
12 | approval of at least [two] nine members. |
13 | Section 3. This act shall take effect in 60 days. |
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