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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY P. COSTA, BARRAR, CALTAGIRONE, D. COSTA, DeLUCA, EVERETT, GRELL, HARRIS, HORNAMAN, KILLION, KIRKLAND, KNOWLES, KORTZ, KOTIK, MAHONEY, MANN, MARSHALL, MARSICO, MATZIE, MILLARD, MUSTIO, M. O'BRIEN, REICHLEY, SABATINA, SCAVELLO AND SCHRODER, FEBRUARY 3, 2011 |
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| REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 3, 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 the definitions of "direct shipper," |
18 | "limited winery" and "wine"; providing for the definitions of |
19 | "department," "in-State limited winery," "out-of-State |
20 | limited winery," "primary premises," "satellite location" and |
21 | "transporter-for-hire licensee"; further providing for |
22 | general powers of board, for sales by Pennsylvania Liquor |
23 | Stores, for sales by liquor licensees and restrictions, for |
24 | wine auction permits, for interlocking business prohibited, |
25 | for breweries, for shipment of wine, for unlawful acts |
26 | relative to liquor, alcohol and liquor licensees, for |
27 | unlawful acts relative to liquor, malt and brewed beverages |
28 | and licensees, for license requirement and for limited |
29 | wineries; providing for out-of-State limited wineries; |
30 | further providing for posting of license and business hours; |
31 | and providing for severability. |
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1 | The General Assembly of the Commonwealth of Pennsylvania |
2 | hereby enacts as follows: |
3 | Section 1. The definitions of "direct shipper," "limited |
4 | winery" and "wine" in section 102 of the act of April 12, 1951 |
5 | (P.L.90, No.21), known as the Liquor Code, reenacted and amended |
6 | June 29, 1987 (P.L.32, No.14) and amended or added December 2, |
7 | 1970 (P.L.825, No.271), February 21, 2002 (P.L.103, No.10) and |
8 | December 8, 2004 (P.L.1810, No.239), are amended and the section |
9 | is amended by adding definitions to read: |
10 | Section 102. Definitions.--The following words or phrases, |
11 | unless the context clearly indicates otherwise, shall have the |
12 | meanings ascribed to them in this section: |
13 | * * * |
14 | "Department" shall mean the Department of Revenue of the |
15 | Commonwealth. |
16 | "Direct shipper" shall mean a person [outside this |
17 | Commonwealth] who holds a limited winery license and who obtains |
18 | a [license] permit from the board to accept orders placed for |
19 | wine from within this Commonwealth [by the Internet] and who |
20 | ships or facilitates in any way shipment of wine [by a delivery |
21 | agent or common carrier to a Pennsylvania Liquor Store] by a |
22 | licensed transporter-for-hire. |
23 | * * * |
24 | "In-State limited winery" shall mean a winery located within |
25 | this Commonwealth with a maximum production of two hundred |
26 | thousand (200,000) gallons per year. |
27 | "Limited Winery" shall mean [a winery with a maximum output |
28 | of two hundred thousand (200,000) gallons per year.] an in-State |
29 | limited winery or an out-of-State limited winery, as the context |
30 | may determine. |
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1 | * * * |
2 | "Out-of-State limited winery" shall mean a winery located |
3 | outside this Commonwealth with a maximum production of two |
4 | hundred thousand (200,000) gallons per year. |
5 | * * * |
6 | "Primary premises" shall mean the in-State limited winery's |
7 | premises where the majority of the in-State limited winery's |
8 | wine is produced. |
9 | * * * |
10 | "Satellite location" shall mean the location in Pennsylvania, |
11 | other than the primary premises, approved by the Pennsylvania |
12 | Liquor Control Board at which an in-State limited winery may |
13 | sell alcoholic cider and wine produced by the in-State limited |
14 | winery, as well as any other board-approved product pursuant to |
15 | the provisions of this act. |
16 | * * * |
17 | "Transporter-for-hire licensee" shall mean the holder of a |
18 | license issued by the Pennsylvania Liquor Control Board to |
19 | engage in the commercial transportation of liquor, malt or |
20 | brewed beverages, wine, alcohol or alcoholic ciders, as |
21 | prescribed by regulation, to or from points located in this |
22 | Commonwealth. |
23 | * * * |
24 | "Wine" shall mean liquor which is fermented from [grapes and |
25 | other fruits,] agricultural, apicultural, horticultural, |
26 | silvicultural and viticultural commodities having an alcoholic |
27 | content of twenty-four per centum or less. The term "wine" shall |
28 | not include any products containing alcohol derived from malt, |
29 | grain, cereal, molasses or cactus. |
30 | * * * |
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1 | Section 2. Section 207 of the act is amended by adding a |
2 | subsection to read: |
3 | Section 207. General Powers of Board.--Under this act, the |
4 | board shall have the power and its duty shall be: |
5 | * * * |
6 | (l) To deliver liquor to licensed and unlicensed consumers. |
7 | The board may charge a fee for this service. |
8 | Section 3. Section 305(b) of the act, amended July 6, 2005 |
9 | (P.L.135, No.39), is amended to read: |
10 | Section 305. Sales by Pennsylvania Liquor Stores.--* * * |
11 | (b) Every Pennsylvania Liquor Store shall sell liquors at |
12 | wholesale to hotels, restaurants, clubs, and railroad, pullman |
13 | and steamship companies licensed under this act; and, under the |
14 | regulations of the board, to pharmacists duly licensed and |
15 | registered under the laws of the Commonwealth, and to |
16 | manufacturing pharmacists, and to reputable hospitals approved |
17 | by the board, or chemists. Sales to licensees shall be made at a |
18 | price that includes a discount of ten per centum from the retail |
19 | price. The board may sell to registered pharmacists only such |
20 | liquors as conform to the Pharmacopoeia of the United States, |
21 | the National Formulary, or the American Homeopathic |
22 | Pharmacopoeia. The board may sell at special prices under the |
23 | regulations of the board, to United States Armed Forces |
24 | facilities which are located on United States Armed Forces |
25 | installations and are conducted pursuant to the authority and |
26 | regulations of the United States Armed Forces. All other sales |
27 | by such stores shall be at retail. A person entitled to purchase |
28 | liquor at wholesale prices may purchase the liquor at any |
29 | Pennsylvania Liquor Store upon tendering cash, check or credit |
30 | card for the full amount of the purchase. For this purpose, the |
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1 | board shall issue a discount card to each licensee identifying |
2 | such licensee as a person authorized to purchase liquor at |
3 | wholesale prices. Such discount card shall be retained by the |
4 | licensee. The board may contract through the Commonwealth |
5 | bidding process or it may use board employees for delivery to |
6 | [wholesale licensees] licensed and unlicensed consumers at the |
7 | expense of the [licensee] consumer receiving the delivery. |
8 | * * * |
9 | Section 4. Section 406(e) of the act, amended December 30, |
10 | 2003 (P.L.423, No.59), is amended to read: |
11 | Section 406. Sales by Liquor Licensees; Restrictions.--* * * |
12 | (e) The holder of a hotel license or the holder of a |
13 | restaurant license located in a hotel may allow persons to |
14 | transport liquor or malt or brewed beverages from the licensed |
15 | portion of the premises to the unlicensed portion of the |
16 | premises, so long as the liquor or malt or brewed beverages |
17 | remain on the hotel property. In addition, a holder of a |
18 | restaurant or club license located on a golf course may sell, |
19 | furnish or give liquor or malt or brewed beverages on the |
20 | unlicensed portion of the golf course so long as the liquor or |
21 | malt or brewed beverages remain on the restaurant, club or golf |
22 | course. The holder of a restaurant license located immediately |
23 | adjacent to and under the same roof of a bowling center may |
24 | allow persons to transport liquor or malt or brewed beverages |
25 | from the licensed portion of the premises to the unlicensed |
26 | portion of the premises, so long as the liquor or malt or brewed |
27 | beverages remain within the bowling center. In addition, the |
28 | holder of a hotel license or a restaurant license may allow |
29 | persons who have purchased but only partially consumed a bottle |
30 | of wine on the premises to remove the bottle from the premises |
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1 | so long as the bottle was purchased in conjunction with a meal |
2 | which was consumed on the premises and so long as the bottle is |
3 | resealed. [For purposes of this subsection, "wine" shall have |
4 | the meaning given to it under section 488(i).] For purposes of |
5 | this subsection, "meal" shall mean food prepared on the |
6 | premises, sufficient to constitute breakfast, lunch or dinner; |
7 | it shall not mean a snack, such as pretzels, popcorn, chips or |
8 | similar food. |
9 | Section 5. Section 408.12(g) and (h) of the act, added July |
10 | 1, 1994 (P.L.402, No.61), are amended to read: |
11 | Section 408.12. Wine Auction Permits.--* * * |
12 | (g) Any wine sold under this section shall be purchased from |
13 | a Pennsylvania Liquor Store, a [Pennsylvania] limited winery or |
14 | any seller authorized to sell wine by the bottle or case in this |
15 | Commonwealth or shall be donated by a person who is neither a |
16 | licensee nor a permittee who has legally acquired the wine and |
17 | legally possesses it in this Commonwealth. |
18 | (h) If any wine sold under this section is purchased from a |
19 | seller other than a Pennsylvania Liquor Store or a |
20 | [Pennsylvania] limited winery, the permittee shall provide |
21 | thirty days' notice to the board of its intent to purchase such |
22 | wine. The notice shall include a description of the wine to be |
23 | purchased, the quantity to be purchased, the name of the seller |
24 | and any other information which the board may require. The |
25 | permittee shall comply with all board and department regulations |
26 | regarding taxes and fees. |
27 | * * * |
28 | Section 6. Section 443 of the act, amended May 31, 1996 |
29 | (P.L.312, No.49), June 18, 1998 (P.L.664, No.86) and June 25, |
30 | 2010 (P.L.217, No.35), is amended to read: |
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1 | Section 443. Interlocking Business Prohibited.--(a) No |
2 | manufacturer of malt or brewed beverages and no officer or |
3 | director of any such manufacturer shall at the same time be a |
4 | distributor, importing distributor or retail dispenser, or an |
5 | officer, director or stockholder or creditor of any distributor, |
6 | importing distributor or retail dispenser, nor, except as |
7 | hereinafter provided, be the owner, proprietor or lessor of any |
8 | place for which a license has been issued for any importing |
9 | distributor, distributor or retail dispenser, or for which a |
10 | hotel, restaurant or club liquor license has been issued: |
11 | Provided, however, That a holder of a manufacturer's license |
12 | under section 431(a) who is eligible to operate a brewery pub |
13 | under section 446(2) [or a limited winery as provided for under |
14 | section 505.2] may also hold and operate under a hotel liquor |
15 | license, a restaurant liquor license or a malt and brewed |
16 | beverages retail license on the manufacturer's [or limited |
17 | winery's] licensed premises. The hotel liquor license or |
18 | restaurant liquor license or the malt and brewed beverages |
19 | retail license shall be acquired by the manufacturer [or limited |
20 | winery] subject to section 461 and shall satisfy all |
21 | requirements for each respective license. |
22 | (b) No distributor or importing distributor and no officer |
23 | or director of any distributor or importing distributor shall at |
24 | the same time be a manufacturer, a retail dispenser or a liquor |
25 | licensee, or be an officer, director, stockholder or creditor of |
26 | a manufacturer, a retail dispenser or a liquor licensee, or, |
27 | directly or indirectly, own any stock of, or have any financial |
28 | interest in, or be the owner, proprietor or lessor of, any place |
29 | covered by any other malt or brewed beverage or liquor license. |
30 | (c) No licensee licensed under this subdivision (B) of |
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1 | Article IV and no officer or director of such licensee shall, |
2 | directly or indirectly, own any stock of, or have any financial |
3 | interest in, any other class of business licensed under this |
4 | subdivision: Provided, however, That a holder of a |
5 | manufacturer's license under section 431(a) who is eligible to |
6 | operate a brewery pub under section 446(2) [or a limited winery |
7 | as provided for under section 505.2] may also hold and operate |
8 | under a hotel liquor license, a restaurant liquor license or a |
9 | malt and brewed beverages retail license on the manufacturer's |
10 | [or limited winery's] licensed premises. The hotel liquor |
11 | license or restaurant liquor license or the malt and brewed |
12 | beverages retail license shall be acquired by the manufacturer |
13 | [or limited winery] subject to section 461 and shall satisfy all |
14 | requirements for each respective license. |
15 | (d) Excepting as hereinafter provided, no malt or brewed |
16 | beverage manufacturer, importing distributor or distributor |
17 | shall in any wise be interested, either directly or indirectly, |
18 | in the ownership or leasehold of any property or in any mortgage |
19 | against the same, for which a liquor or retail dispenser's |
20 | license is granted; nor shall any such manufacturer, importing |
21 | distributor or distributor, either directly or indirectly, lend |
22 | any moneys, credit or equivalent thereof to, or guarantee the |
23 | payment of any bond, mortgage, note or other obligation of, any |
24 | liquor licensee or retail dispenser, in equipping, fitting out, |
25 | or maintaining and conducting, either in whole or in part, an |
26 | establishment or business operated under a liquor or retail |
27 | dispenser's license, excepting only the usual and customary |
28 | credits allowed for returning original containers in which malt |
29 | or brewed beverages were packaged for market by the manufacturer |
30 | at the place of manufacture: Provided, however, That a holder of |
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1 | a manufacturer's license under section 431(a) who is eligible to |
2 | operate a brewery pub under section 446(2) [or a limited winery |
3 | as provided for under section 505.2] may also hold and operate |
4 | under a hotel liquor license, a restaurant liquor license or a |
5 | malt and brewed beverages retail license on the manufacturer's |
6 | [or limited winery's] licensed premises. The hotel liquor |
7 | license or restaurant liquor license or the malt and brewed |
8 | beverages retail license shall be acquired by the manufacturer |
9 | [or limited winery] subject to section 461 and shall satisfy all |
10 | requirements for each respective license. |
11 | (e) Excepting as hereinafter provided, no manufacturer of |
12 | malt or brewed beverages shall in any wise be interested, either |
13 | directly or indirectly, in the ownership or leasehold of any |
14 | property or any mortgage lien against the same, for which a |
15 | distributor's or importing distributor's license is granted; nor |
16 | shall any such manufacturer, either directly or indirectly, lend |
17 | any moneys, credit, or their equivalent to, or guarantee the |
18 | payment of any bond, mortgage, note or other obligation of, any |
19 | distributor or importing distributor, in equipping, fitting out, |
20 | or maintaining and conducting, either in whole or in part, an |
21 | establishment or business where malt or brewed beverages are |
22 | licensed for sale by a distributor or importing distributor, |
23 | excepting only the usual credits allowed for the return of |
24 | original containers in which malt or brewed beverages were |
25 | originally packaged for the market by the manufacturer at the |
26 | place of manufacture: Provided, however, That a holder of a |
27 | manufacturer's license under section 431(a) who is eligible to |
28 | operate a brewery pub under section 446(2) [or a limited winery |
29 | as provided for under section 505.2] may also hold and operate |
30 | under a hotel liquor license, a restaurant liquor license or a |
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1 | malt and brewed beverages retail license on the manufacturer's |
2 | [or limited winery's] licensed premises. The hotel liquor |
3 | license or restaurant liquor license or the malt and brewed |
4 | beverages retail license shall be acquired by the manufacturer |
5 | [or limited winery] subject to section 461 and shall satisfy all |
6 | requirements for each respective license. Nothing in this |
7 | section shall be construed to prohibit an out of State |
8 | manufacturer from engaging in a transaction or making payments |
9 | authorized by section 431(a.1). |
10 | (f) No distributor, importing distributor or retail |
11 | dispenser shall in anywise receive, either directly or |
12 | indirectly, any credit, loan, moneys or the equivalent thereof |
13 | from any other licensee, or from any officer, director or firm |
14 | member of any other licensee, or from or through a subsidiary or |
15 | affiliate of another licensee, or from any firm, association or |
16 | corporation, except banking institutions, in which another |
17 | licensee or any officer, director or firm member of another |
18 | licensee has a substantial interest or exercises a control of |
19 | its business policy, for equipping, fitting out, payment of |
20 | license fee, maintaining and conducting, either in whole or in |
21 | part, an establishment or business operated under a |
22 | distributor's, importing distributor's or retail dispenser's |
23 | license, excepting only the usual and customary credits allowed |
24 | for the return of original containers in which malt or brewed |
25 | beverages were packaged for the market by the manufacturer at |
26 | the place of manufacture: Provided, however, That a holder of a |
27 | manufacturer's license under section 431(a) who is eligible to |
28 | operate a brewery pub under section 446(2) [or a limited winery |
29 | as provided for under section 505.2] may also hold and operate |
30 | under a hotel liquor license, a restaurant liquor license or a |
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1 | malt and brewed beverages retail license on the manufacturer's |
2 | [or limited winery's] licensed premises. The hotel liquor |
3 | license or restaurant liquor license or the malt and brewed |
4 | beverages retail license shall be acquired by the manufacturer |
5 | [or limited winery] subject to section 461 and shall satisfy all |
6 | requirements for each respective license. Nothing in this |
7 | section shall be construed to prohibit an importing distributor |
8 | from receiving payment from an out of State manufacturer for |
9 | engaging in a transaction or performing services authorized by |
10 | section 431(b) or 444(a.1). |
11 | (g) The purpose of this section is to require a separation |
12 | of the financial and business interests between the various |
13 | classes of business regulated by subdivision (B) of this |
14 | article, and no person or corporation shall, by any device |
15 | whatsoever, directly or indirectly, evade the provisions of this |
16 | section. But in view of existing economic conditions, nothing |
17 | contained in this section shall be construed to prohibit the |
18 | ownership of property or conflicting interest by a malt or |
19 | brewed beverage manufacturer of any place occupied by a |
20 | distributor, importing distributor or retail dispenser after the |
21 | manufacturer has continuously owned and had a conflicting |
22 | interest in such place for a period of at least five years prior |
23 | to the eighteenth day of July, one thousand nine hundred thirty- |
24 | five: Provided, however, That a holder of a manufacturer's |
25 | license under section 431(a) who is eligible to operate a |
26 | brewery pub under section 446(2) [or a limited winery as |
27 | provided for under section 505.2] may also hold and operate |
28 | under a hotel liquor license, a restaurant liquor license or a |
29 | malt and brewed beverages retail license on the manufacturer's |
30 | [or limited winery's] licensed premises. The hotel liquor |
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1 | license or restaurant liquor license or the malt and brewed |
2 | beverages retail license shall be acquired by the manufacturer |
3 | [or limited winery] subject to section 461 and shall satisfy all |
4 | requirements for each respective license: And, provided further, |
5 | That nothing contained in this section shall be construed to |
6 | prohibit a member of the governing board of a public authority |
7 | created under subdivision (n) of Article XXIII of the act of |
8 | August 9, 1955 (P.L.323, No.130), known as "The County Code," |
9 | from having an interest in a distributor or importing |
10 | distributor license notwithstanding the fact that the public |
11 | authority has an interest in one or more retail licenses or acts |
12 | as a landlord for one or more retail licenses. |
13 | The term "manufacturer" as used in this section shall include |
14 | manufacturers of malt or brewed beverages as defined in this act |
15 | and any person manufacturing any malt or brewed beverages |
16 | outside of this Commonwealth. |
17 | Section 7. Section 446(2) of the act, amended January 6, |
18 | 2006 (P.L.1, No.1), is amended to read: |
19 | Section 446. Breweries.--Holders of a brewery license may: |
20 | * * * |
21 | (2) Operate a restaurant or brewery pub on the licensed |
22 | premises under such conditions and regulations as the board may |
23 | [enforce] determine: Provided, however, That sales on Sunday may |
24 | be made irrespective of the volume of food sales if the licensed |
25 | premises are at a public venue location. [The holder of a |
26 | brewery license may sell at its brewery pub premises |
27 | Pennsylvania wines it has purchased from either the holder of a |
28 | Pennsylvania limited winery license or from the board: Provided, |
29 | however, That said wines must be consumed at the licensed |
30 | brewery pub premises.] |
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1 | * * * |
2 | Section 8. Section 488 of the act, added February 21, 2002 |
3 | (P.L.103, No.10), is amended to read: |
4 | Section 488. Shipment of Wine within and into |
5 | Commonwealth.--(a) The shipment of wine [from out-of-State to |
6 | residents of] to persons in this Commonwealth is prohibited, |
7 | except as otherwise provided for in this [section] act. |
8 | (b) (1) Notwithstanding any other provision of this act or |
9 | law to the contrary, a person who is licensed [by another state |
10 | as a producer, supplier, importer, wholesaler, distributor or |
11 | retailer of wine] as a limited winery and who obtains a direct |
12 | [wine shipper license] shipper permit as provided for in this |
13 | section may sell and ship up to [nine] twenty-seven liters per |
14 | month of any wine not included on the list provided for in |
15 | subsection (c) on the [Internet] order of any [resident of] |
16 | person in this Commonwealth who is at least twenty-one (21) |
17 | years of age for such resident's personal use and not for |
18 | resale. |
19 | (2) An applicant for a direct shipper permit shall file a |
20 | written application with the board in such form and containing |
21 | such information as the board shall, from time to time, |
22 | prescribe. In addition, the direct shipper must obtain a sales |
23 | tax license from the department prior to submitting the |
24 | application to the board. The information contained in the |
25 | application shall be provided by the board to the department |
26 | upon request. |
27 | (c) Each month, the board shall publish on the Internet a |
28 | list of all classes, varieties and brands of wine available for |
29 | sale in the Pennsylvania Liquor Stores. A person holding a |
30 | direct shipper license may ship only those classes, varieties |
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1 | and brands of wine not included on the list at the time an |
2 | Internet order is placed. |
3 | (d) [An out-of-State wine shipper] A direct shipper |
4 | permittee shall: |
5 | (1) Not ship more than [nine] twenty-seven liters per month |
6 | on the [Internet] order of any person in this Commonwealth. |
7 | (2) Report to the board each year the total of wine shipped |
8 | within and into this Commonwealth in the preceding calendar |
9 | year. |
10 | (3) Permit the board, the enforcement bureau or the |
11 | Secretary of Revenue, or their designated representatives, to |
12 | perform an audit of the [out-of-State wine shipper's] direct |
13 | shipper permittee's records upon request. |
14 | (4) Be deemed to have submitted to the jurisdiction of the |
15 | board, any other [State] Commonwealth agency and the courts of |
16 | this Commonwealth for purposes of enforcement of this section |
17 | and any related laws, rules or regulations. |
18 | (e) (1) A direct shipper permittee may sell and ship wine |
19 | [on the Internet order of a resident into this Commonwealth |
20 | provided that the wine is shipped to a Pennsylvania Liquor Store |
21 | selected by the resident. The wine will be subject to taxes in |
22 | the same manner as wine sold directly by the board. The wine |
23 | will not be released by the State store until all moneys due, |
24 | including all taxes and fees, have been paid by the resident.] |
25 | within or into this Commonwealth as provided in subsection (b), |
26 | so long as the wine is transported by a transporter-for-hire |
27 | licensee. |
28 | (2) The wine sold by the direct shipper will be subject to |
29 | the sales and use tax imposed by section 202 of the act of March |
30 | 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971," |
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1 | and the emergency State tax imposed on wines sold by the board |
2 | under the act of June 9, 1936 (1st Sp.Sess., P.L.13, No.4), |
3 | entitled "An act imposing an emergency State tax on liquor, as |
4 | herein defined, sold by the Pennsylvania Liquor Control Board; |
5 | providing for the collection and payment of such tax; and |
6 | imposing duties upon the Department of Revenue and the |
7 | Pennsylvania Liquor Control Board," except in the following |
8 | instances: |
9 | (i) sales between a limited winery and the board; and |
10 | (ii) sales between an in-State limited winery and another |
11 | in-State limited winery. |
12 | (3) The provisions of Article II of the "Tax Reform Code of |
13 | 1971" shall apply to the sales and use tax and to the emergency |
14 | State tax imposed in paragraph (2). |
15 | (4) The wine will not be released by the transporter-for- |
16 | hire licensee until: |
17 | (i) the transporter-for-hire licensee has verified, by |
18 | reviewing one of the identification cards set forth in section |
19 | 495(a) that the person accepting the wine is at least twenty-one |
20 | (21) years of age; |
21 | (ii) the person receiving the wine has signed a form that |
22 | conforms with section 495(c) indicating that he is twenty-one |
23 | (21) years of age or older; |
24 | (iii) the person receiving the wine has signed an affidavit |
25 | stating that the wine will only be used for the person's |
26 | personal use; and |
27 | (iv) all moneys due, including all taxes and fees, have been |
28 | paid by the person placing the order. |
29 | (5) Reporting and payment by direct shippers of the sales |
30 | and use tax and the emergency State tax imposed by paragraph (2) |
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1 | shall be on the forms, including electronic media, as prescribed |
2 | by the department. Direct shippers shall submit monthly |
3 | transaction reports to the department which shall include the |
4 | name and address of each purchaser, the quantity and description |
5 | of the purchase, the date of the purchase and the retail cost, |
6 | sales and use tax and emergency State tax collected. The |
7 | department may promulgate rules and regulations pertaining to |
8 | this section. |
9 | (f) [A person shall sign an affidavit provided by the |
10 | Pennsylvania Liquor Store where the wine was delivered to |
11 | stating that the wine will only be used for the person's |
12 | personal use.] Any person who resells wine obtained under this |
13 | section commits a misdemeanor of the second degree. |
14 | (g) The board may promulgate such rules and regulations as |
15 | are necessary to implement and enforce the provisions of this |
16 | section. [The board may charge the resident a fee to cover the |
17 | cost associated with processing the Internet order.] |
18 | (h) The board shall submit monthly reports to the |
19 | Appropriations Committee and the Law and Justice Committee of |
20 | the Senate and to the Appropriations Committee and the Liquor |
21 | Control Committee of the House of Representatives summarizing |
22 | the number of direct shipper [licenses] permits issued by the |
23 | board[,]. The department shall submit quarterly reports to the |
24 | Appropriations Committee and the Law and Justice Committee of |
25 | the Senate and to the Appropriations Committee and the Liquor |
26 | Control Committee of the House of Representatives summarizing |
27 | the quantity of wine sold pursuant to this section and the total |
28 | dollar value of sales under this section. |
29 | [(i) The term "wine" as used in this section shall mean |
30 | liquor which is fermented from grapes and other fruits, having |
|
1 | alcoholic content of twenty-four per centum or less. The term |
2 | "wine" shall not include malt or brewed beverages nor shall wine |
3 | include any products containing alcohol derived from malt, |
4 | grain, cereal, molasses or cactus.] |
5 | (j) Any person who ships or delivers wine into this |
6 | Commonwealth or any licensee who ships or delivers wine in |
7 | violation of the provisions of this section, in addition to any |
8 | other provisions of law, commits a misdemeanor of the second |
9 | degree for a first offense, a misdemeanor of the first degree |
10 | for the second offense and a felony of the third degree for any |
11 | subsequent offense. |
12 | (k) A transporter-for-hire licensee who delivers wine in |
13 | violation of the provisions of this section shall, in addition |
14 | to the penalties set forth in subsection (j), be subject to |
15 | citation by the enforcement bureau under section 471. A |
16 | transporter-for-hire licensee who is cited and found to have |
17 | violated this section a second time within five years shall be |
18 | subject to a mandatory minimum thirty-day suspension of its |
19 | license. A transporter-for-hire licensee who is cited and found |
20 | to have violated this section for a third or subsequent time |
21 | within seven years shall be subject to a mandatory revocation of |
22 | its license and the licensee, its officers, directors, |
23 | shareholders, servants, agents and employes shall be ineligible |
24 | to hold any license issued by the board for a minimum of two |
25 | years following such revocation. |
26 | (l) A limited winery that sells wine to a minor in violation |
27 | of this section shall, in addition to the penalties set forth in |
28 | subsection (j), be subject to citation by the enforcement bureau |
29 | under section 471. A limited winery licensee who is cited and |
30 | found to have violated this section a second time within five |
|
1 | years shall be subject to a mandatory minimum thirty-day |
2 | suspension of its license. A limited winery licensee who is |
3 | cited and found to have violated this section for a third or |
4 | subsequent time within seven years shall be subject to a |
5 | mandatory revocation of its license and the licensee, its |
6 | officers, directors, shareholders, servants, agents and employes |
7 | shall be ineligible to hold any license issued by the board for |
8 | a minimum of two years following such revocation. A limited |
9 | winery licensee whose wine is delivered in violation of this |
10 | section shall only be subject to citation under section 471 if |
11 | it knew or should have known of the violation at the time the |
12 | violation occurred. |
13 | (m) A transporter-for-hire licensee shall maintain records |
14 | showing that it has complied with this section with respect to |
15 | each transaction as part of its business records for four years |
16 | following the completion of the transaction. Such records shall |
17 | be made available upon request by the board, the enforcement |
18 | bureau or the department. A transporter-for-hire licensee shall |
19 | not be liable for any disclosure made pursuant to this |
20 | subsection. |
21 | Section 9. Section 491(2) of the act, amended July 7, 2006 |
22 | (P.L.584, No.84), is amended to read: |
23 | Section 491. Unlawful Acts Relative to Liquor, Alcohol and |
24 | Liquor Licensees.-- |
25 | It shall be unlawful-- |
26 | * * * |
27 | (2) Possession or Transportation of Liquor or Alcohol. For |
28 | any person, except a manufacturer or the board or the holder of |
29 | a sacramental wine license or of an importer's license, to |
30 | possess or transport any liquor or alcohol within this |
|
1 | Commonwealth which was not lawfully acquired prior to January |
2 | first, one thousand nine hundred and thirty-four, or has not |
3 | been purchased from or through a Pennsylvania Liquor Store or |
4 | from a licensed limited winery [in Pennsylvania], except in |
5 | accordance with section 488 or the board's regulations. In |
6 | addition, it shall be lawful for anyone to possess miniatures |
7 | totaling less than one gallon purchased in another State or a |
8 | foreign country. The burden shall be upon the person possessing |
9 | or transporting such liquor or alcohol to prove that it was so |
10 | acquired. Notwithstanding this section or any other provision of |
11 | the law, wine may be produced by any person without a license if |
12 | the wine is not produced for sale and total production does not |
13 | exceed two hundred gallons per calendar year. Wine produced in |
14 | accordance with this clause may be used at organized affairs, |
15 | exhibitions, competitions, contests, tastings or judgings if it |
16 | is not sold or offered for sale. |
17 | None of the provisions herein contained shall prohibit nor |
18 | shall it be unlawful for any person to import into Pennsylvania, |
19 | transport or have in his possession, an amount of liquor not |
20 | exceeding one gallon in volume upon which a State tax has not |
21 | been paid, if it can be shown to the satisfaction of the board |
22 | that such person purchased the liquor in a foreign country or |
23 | United States territory and was allowed to bring it into the |
24 | United States. Neither shall the provisions contained herein |
25 | prohibit nor make it unlawful for (i) any member of the armed |
26 | forces on active duty, or (ii) any retired member of the armed |
27 | forces, or (iii) any totally disabled veteran, or (iv) the |
28 | spouse of any person included in the foregoing classes of |
29 | persons to import into Pennsylvania, transport or have in his |
30 | possession an amount of liquor not exceeding one gallon per |
|
1 | month in volume upon which the State tax has not been paid, so |
2 | long as such liquor has been lawfully purchased from a package |
3 | store established and maintained under the authority of the |
4 | United States and is in containers identified in accordance with |
5 | regulations issued by the Department of Defense. Such liquor |
6 | shall not be possessed, offered for sale or sold on any licensed |
7 | premises. |
8 | None of the provisions herein contained shall prohibit nor |
9 | shall it be unlawful for any consul general, consul or other |
10 | diplomatic officer of a foreign government to import into |
11 | Pennsylvania, transport or have in his possession liquor upon |
12 | which a State tax has not been paid, if it can be shown to the |
13 | satisfaction of the board that such person acquired the liquor |
14 | in a foreign country and was allowed to bring it into the United |
15 | States. Such liquor shall not be possessed, offered for sale or |
16 | sold on any licensed premises. |
17 | Any person violating the provisions of this clause for a |
18 | first offense involving the possession or transportation in |
19 | Pennsylvania of any liquor in a package (bottle or other |
20 | receptacle) or wine not purchased from or through a Pennsylvania |
21 | Liquor Store or from a licensed limited winery [in |
22 | Pennsylvania], with respect to which satisfactory proof is |
23 | produced that the required Federal tax has been paid and which |
24 | was purchased, procured or acquired legally outside of |
25 | Pennsylvania shall upon conviction thereof in a summary |
26 | proceeding be sentenced to pay a fine of twenty-five dollars |
27 | ($25) for each such package, plus costs of prosecution, or |
28 | undergo imprisonment for a term not exceeding ninety (90) days. |
29 | Each full quart or major fraction thereof shall be considered a |
30 | separate package (bottle or other receptacle) for the purposes |
|
1 | of this clause. Such packages of liquor shall be forfeited to |
2 | the Commonwealth in the manner prescribed in Article VI of this |
3 | act but the vehicle, boat, vessel, animal or aircraft used in |
4 | the illegal transportation of such packages shall not be subject |
5 | to forfeiture: Provided, however, That if it is a second or |
6 | subsequent offense or if it is established that the illegal |
7 | possession or transportation was in connection with a commercial |
8 | transaction, then the other provisions of this act providing for |
9 | prosecution as a misdemeanor and for the forfeiture of the |
10 | vehicle, boat, vessel, animal or aircraft shall apply. |
11 | * * * |
12 | Section 10. Section 493(11) of the act, amended June 18, |
13 | 1998 (P.L.664, No.86), is amended to read: |
14 | Section 493. Unlawful Acts Relative to Liquor, Malt and |
15 | Brewed Beverages and Licensees.--The term "licensee," when used |
16 | in this section, shall mean those persons licensed under the |
17 | provisions of Article IV, unless the context clearly indicates |
18 | otherwise. |
19 | It shall be unlawful-- |
20 | * * * |
21 | (11) Licensees Employed by Others. For any hotel, restaurant |
22 | or club liquor licensee, or any malt or brewed beverage |
23 | licensee, or any officer, servant, agent or employe of such |
24 | licensee, to be at the same time employed, directly or |
25 | indirectly, by any distributor, importing distributor, |
26 | manufacturer, importer or vendor licensee or any out of State |
27 | manufacturer. It shall also be unlawful for any distributor or |
28 | importing distributor, or any officer, servant, agent or employe |
29 | of such licensee, to be at the same time employed, directly or |
30 | indirectly, by any other distributor, importing distributor, |
|
1 | manufacturer, importer, vendor, out of State manufacturer, hotel |
2 | restaurant, malt or brewed beverage licensee, or club liquor |
3 | licensee. It shall also be unlawful for any manufacturer, |
4 | importer, or vendor licensee, or any out of State manufacturer, |
5 | or any officer, servant, agent or employe of such licensee or |
6 | manufacturer, to be at the same time employed, directly or |
7 | indirectly, by any hotel, restaurant or club liquor licensee or |
8 | any malt or brewed beverage licensee or any distributor or |
9 | importing distributor licensee. Nothing in this subsection shall |
10 | be construed to prohibit a manufacturer or in-State limited |
11 | winery licensee, or any officer, servant, agent or employe of |
12 | such licensee, to be employed at the same time by a hotel, |
13 | restaurant or retail dispenser licensee if the hotel, restaurant |
14 | or retail dispenser licensee is located at the manufacturer or |
15 | in-State limited winery premises pursuant to [section 443] |
16 | sections 443 and 505.2. For the purposes of this subsection, an |
17 | officer, servant, agent or employe of a licensee or manufacturer |
18 | is an individual who has either an ownership interest in the |
19 | licensee or manufacturer or who receives compensation for his or |
20 | her work on behalf of the licensee or manufacturer. |
21 | * * * |
22 | Section 11. Section 505.2 of the act, amended or added |
23 | December 8, 2004 (P.L.1810, No.239), July 16, 2007 (P.L.107, |
24 | No.34) and June 25, 2010 (P.L.217, No.35), is amended to read: |
25 | Section 505.2. In-State Limited Wineries.--(a) [In the |
26 | interest of promoting tourism and recreational development in |
27 | Pennsylvania, holders of a] Holders of an in-State limited |
28 | winery license may: |
29 | (1) Produce alcoholic ciders[, wines and wine coolers, |
30 | subject to the exceptions provided under this section, only from |
|
1 | an agricultural commodity grown in Pennsylvania] and wines. |
2 | (2) Sell alcoholic cider[, wine and wine coolers] and wine |
3 | produced by the in-State limited winery or purchased in bulk in |
4 | bond from another [Pennsylvania] in-State limited winery on the |
5 | [licensed premises] in-State limited winery's primary premises |
6 | and at the in-State limited winery's satellite locations, under |
7 | such conditions and regulations as the board may [enforce] |
8 | determine, to the board, to individuals and to [brewery,] hotel, |
9 | restaurant, club and public service liquor licensees, and to |
10 | [Pennsylvania] in-State limited winery licensees: Provided, That |
11 | [a] an in-State limited winery shall not, in any calendar year, |
12 | purchase alcoholic cider or wine produced by other in-State |
13 | limited wineries in an amount in excess of fifty per centum of |
14 | the alcoholic cider or wine produced by the purchasing in-State |
15 | limited winery in the preceding calendar year. [In addition, the |
16 | holder of a limited winery license may purchase wine in bottles |
17 | from another Pennsylvania limited winery if these wines undergo |
18 | a second fermentation process.] Such alcoholic cider and wine |
19 | may only be sold in bottles bearing the purchasing in-State |
20 | limited winery's label. [or the producing limited winery's |
21 | label. Such wines, if sold by the board, may be sold by the |
22 | producing limited winery to the purchasing limited winery at a |
23 | price lower than the price charged by the board.] |
24 | (3) [Separately or in conjunction with other limited |
25 | wineries, sell alcoholic cider, wine and wine coolers] Sell |
26 | alcoholic cider and wine produced by the in-State limited winery |
27 | [on] at no more than five (5) [board-approved locations other |
28 | than the licensed premises,] satellite locations in Pennsylvania |
29 | with no bottling or production requirement at those additional |
30 | [board-approved] satellite locations and under such conditions |
|
1 | and regulations as the board may [enforce, to the board, to |
2 | individuals and to brewery,] determine, to the board, to |
3 | individuals and to hotel, restaurant, club and public service |
4 | liquor licensees. [If two or more limited wineries apply to |
5 | operate an additional board-approved location in conjunction |
6 | with each other, the wineries need only have one board-approved |
7 | manager for the location, need only pay one application fee and |
8 | need not designate specific or distinct areas for each winery's |
9 | licensed area. Each limited winery] An in-State limited winery |
10 | seeking to sell at a satellite location under the provisions of |
11 | this section must file an application [for such an additional |
12 | board-approved location, and such location shall count as one of |
13 | the five permitted for each limited winery. Each limited winery |
14 | is responsible for keeping only its own complete records.] |
15 | seeking board approval. [A limited winery may be cited for a |
16 | violation of the recordkeeping requirements of sections 512 and |
17 | 513 pertaining to its own records only.] |
18 | (4) At the discretion of the board, obtain a special permit |
19 | to participate in alcoholic cider, wine and food expositions off |
20 | the [licensed] primary premises. A special permit shall be |
21 | issued upon proper application and payment of a fee of thirty |
22 | dollars ($30) per day for each day of permitted use, not to |
23 | exceed five (5) consecutive days. The total number of days for |
24 | all the special permits may not exceed forty (40) days in any |
25 | calendar year. A special permit shall entitle the holder to |
26 | engage in the sale by the glass, by the bottle or in case lots |
27 | of alcoholic cider or wine produced by the permittee under the |
28 | authority of a limited winery license. Holders of special |
29 | permits may provide tasting samples of alcoholic cider and wines |
30 | in individual portions not to exceed one fluid ounce. Samples at |
|
1 | alcoholic cider, wine and food expositions may be sold or |
2 | offered free of charge. Except as provided herein, in-State |
3 | limited wineries utilizing special permits shall be governed by |
4 | all applicable provisions of this act as well as by all |
5 | applicable regulations or conditions adopted by the board. |
6 | For the purposes of this clause, "alcoholic cider, wine and |
7 | food expositions" are defined as affairs held indoors or |
8 | outdoors with the intent of promoting Pennsylvania products by |
9 | educating those in attendance of the availability, nature and |
10 | quality of [Pennsylvania-produced] alcoholic ciders and wines in |
11 | conjunction with suitable food displays, demonstrations and |
12 | sales. Alcoholic cider, wine and food expositions may also |
13 | include activities other than alcoholic cider, wine and food |
14 | displays, including arts and crafts, musical activities, |
15 | cultural exhibits, agricultural exhibits and farmers markets. |
16 | (5) Apply for and hold a hotel liquor license, a restaurant |
17 | liquor license or a malt and brewed beverages retail license to |
18 | sell for consumption at the restaurant or in-State limited |
19 | winery on [the licensed winery] its primary premises, liquor, |
20 | wine and malt or brewed beverages regardless of the place of |
21 | manufacture under the same conditions and regulations as any |
22 | other hotel liquor license, restaurant liquor license or malt |
23 | and brewed beverages retail license. |
24 | [(6) (i) Secure a permit from the board to allow the holder |
25 | of a limited winery license to use up to twenty-five per centum |
26 | permitted fruit, not wine, in the current year's production. |
27 | Each permit is valid only for the calendar year in which it is |
28 | issued. |
29 | (ii) The fee for a permit to import and use permitted fruit |
30 | shall be in an amount to be determined by the board. |
|
1 | (iii) The purpose of this section is to increase the |
2 | productivity of limited wineries while at the same time |
3 | protecting the integrity and unique characteristics of wine |
4 | produced from fruit primarily grown in this Commonwealth. |
5 | Prevailing climatic conditions have a significant impact on the |
6 | character of the fruit. Accordingly, "permitted fruit" shall |
7 | mean fruit grown or juice derived from fruit grown within three |
8 | hundred fifty (350) miles of the winery. |
9 | (iv) The department is authorized to promulgate regulations |
10 | requiring the filing of periodic reports by limited wineries to |
11 | ensure compliance with the provisions of this section.] |
12 | (6.1) [Sell] At the primary premises only, sell food for |
13 | consumption on or off the [licensed] primary premises and sell |
14 | by the glass only wine and alcoholic ciders that may otherwise |
15 | be sold by the bottle. |
16 | (6.2) Sell wine- or liquor-scented candles acquired or |
17 | produced by the limited winery. |
18 | (6.3) Sell alcoholic cider[, wine and wine coolers] and wine |
19 | only between the hours of nine o'clock antemeridian and nine |
20 | [o'oclock] o'clock postmeridian. During the period from |
21 | Thanksgiving Day through New Year's Day, in-State limited winery |
22 | sales locations may remain open to conform with the closing |
23 | times of neighboring mall or shopping district businesses but no |
24 | later than ten o'clock postmeridian. [A] An in-State limited |
25 | winery also may request approval from the board to extend sales |
26 | hours in individual locations at other times during the year or |
27 | beyond the limits set forth in this clause. The request shall be |
28 | made in writing to the board's Office of the Chief Counsel and |
29 | shall detail the exact locations where sales hours are proposed |
30 | to be extended, the proposed hours and dates of extended |
|
1 | operation and the reason for the proposed extended hours. |
2 | (6.4) Store alcoholic cider, wine and wine coolers produced |
3 | by the limited winery at no more than two (2) board-approved |
4 | locations other than the licensed premises and those premises |
5 | referenced in clause (3) pertaining to the five (5) board- |
6 | approved locations for the sale of wine, with no bottling or |
7 | production requirement at those additional locations and under |
8 | such conditions and regulations as the board may enforce. If two |
9 | (2) or more businesses will operate out of the same storage |
10 | facility, the limited winery must designate specific and |
11 | distinct areas for its storage. The limited winery's designated |
12 | storage area must be secured and no one other than the licensee |
13 | and his employees may be allowed access to the storage area. No |
14 | board-approved manager will be necessary for the storage |
15 | facility. The limited winery must fill out an application for |
16 | such an additional board-approved storage location, and such |
17 | location shall count as one of the two permitted for each |
18 | limited winery. The limited winery is responsible for keeping |
19 | only its own complete records. A limited winery may be cited for |
20 | a violation of the recordkeeping requirements of sections 512 |
21 | and 513 pertaining to its own records only. |
22 | (7) Apply for and obtain a direct shipper permit and a |
23 | transporter-for-hire license. In addition, the in-State limited |
24 | winery must obtain a sales tax license from the department prior |
25 | to submitting the application to the board. The information |
26 | contained in the applications shall be provided by the board to |
27 | the department upon request. |
28 | (b) [The total production of alcoholic ciders, wine and wine |
29 | coolers by a] In order to continue to be eligible to hold a |
30 | limited winery license, an in-State limited winery may not |
|
1 | [exceed two hundred thousand (200,000) gallons per year.] |
2 | produce in excess of two hundred thousand (200,000) gallons of |
3 | alcoholic ciders and wine per year, including wine in bulk in |
4 | bond sold to or obtained from other in-State limited wineries. |
5 | [(c) As used in this section: |
6 | "Agricultural commodity" shall include any of the following: |
7 | agricultural, apicultural, horticultural, silvicultural and |
8 | viticultural commodities. |
9 | "Farmers market" shall include any building, structure or |
10 | other place: |
11 | (1) owned, leased or otherwise in the possession of a |
12 | person, municipal corporation or public or private organization; |
13 | (2) used or intended to be used by two or more farmers or an |
14 | association of farmers, who are certified by the Department of |
15 | Agriculture of the Commonwealth to participate in the Farmers' |
16 | Market Nutrition Program subject to 7 CFR Pt. 249 (relating to |
17 | Senior Farmers' Market Nutrition Program (SFMNP)), for the |
18 | purpose of selling agricultural commodities produced in this |
19 | Commonwealth directly to consumers; |
20 | (3) which is physically located within this Commonwealth; |
21 | and |
22 | (4) which is not open for business more than twelve hours |
23 | each day.] |
24 | (d) Except as provided in subsection (a)(5) and (7), no in- |
25 | State limited winery licensee or its officers, directors, |
26 | shareholders or members shall hold any interest in any other |
27 | license issued by the board; nor shall any in-State limited |
28 | winery licensee or its officers, directors, shareholders or |
29 | members, either directly or indirectly, lend any moneys, credit |
30 | or equivalent thereof to any other licensee; nor shall any in- |
|
1 | State limited winery licensee or its officers, directors, |
2 | shareholders or members guarantee the payment of any bond, |
3 | mortgage, note or other obligation of any other licensee; nor |
4 | shall any in-State limited winery licensee or its officers, |
5 | directors, shareholders or members be the owner, proprietor or |
6 | lessor of any place for which any other license has been issued |
7 | by the board. |
8 | (e) In-State limited winery licensees are subject to |
9 | citation by the enforcement bureau under section 471 and |
10 | nonrenewal by the board under section 470. |
11 | (f) The department may promulgate regulations requiring the |
12 | filing of periodic reports by in-State limited wineries to |
13 | ensure compliance with the provisions of this section. |
14 | Section 12. The act is amended by adding a section to read: |
15 | Section 505.3. Out-of-State Limited Wineries.--(a) Holders |
16 | of an out-of-State limited winery license may apply for and |
17 | obtain a direct shipper permit and a transporter-for-hire |
18 | license. |
19 | (b) An applicant for an out-of-State limited winery license |
20 | shall file a written application with the board in such form and |
21 | containing such information as the board shall from time to time |
22 | prescribe. The application and license fees and the restrictions |
23 | on who may apply for the license shall be the same as the fees |
24 | and restrictions imposed on in-State limited winery license |
25 | applicants. In addition, the out-of-State limited winery must |
26 | obtain a sales tax license from the department prior to |
27 | submitting the application to the board. The information |
28 | contained in the application shall be provided by the board to |
29 | the department upon request. |
30 | (c) In order to continue to be eligible to hold a limited |
|
1 | winery license, an out-of-State limited winery may not produce |
2 | in excess of two hundred thousand (200,000) gallons of alcoholic |
3 | ciders and wine per year, including wine in bulk in bond sold to |
4 | or obtained from other limited wineries. |
5 | (d) Nothing in this act shall prohibit direct wine shipments |
6 | by out-of-State wineries that produce less than two hundred |
7 | thousand (200,000) gallons per year directly to a purchaser's |
8 | residence only if such other state permits Pennsylvania Liquor |
9 | Stores and limited wineries to direct ship to residents of such |
10 | state. |
11 | (e) This section shall not be construed as regulating the |
12 | sale and delivery of wine of out-of-State wineries to persons |
13 | outside this Commonwealth. |
14 | (f) Except as provided in subsection (a), no out-of-State |
15 | limited winery licensee or its officers, directors, shareholders |
16 | or members shall hold any interest in any other license issued |
17 | by the board; nor shall any out-of-State limited winery licensee |
18 | or its officers, directors, shareholders or members, either |
19 | directly or indirectly, lend any moneys, credit or equivalent |
20 | thereof to any other licensee; nor shall any out-of-State |
21 | limited winery licensee or its officers, directors, shareholders |
22 | or members guarantee the payment of any bond, mortgage, note or |
23 | other obligations of any other licensee; nor shall any out-of- |
24 | State winery licensee or its officers, directors, shareholders |
25 | or members be the owner, proprietor or lessor of any place for |
26 | which any other license has been issued by the board. |
27 | (g) Out-of-State limited winery licensees are deemed to have |
28 | submitted to the jurisdiction of the board, any other |
29 | Commonwealth agency and the courts of this Commonwealth for |
30 | purposes of enforcement of this section and any related laws, |
|
1 | rules or regulations. Out-of-State limited winery licensees are |
2 | subject to citation by the enforcement bureau under section 471 |
3 | and nonrenewal by the board under section 470. |
4 | (h) The department may promulgate regulations requiring the |
5 | filing of periodic reports by out-of-State limited wineries to |
6 | ensure compliance with the provisions of this section. |
7 | Section 13. Section 509 of the act, amended December 9, 2002 |
8 | (P.L.1653, No.212), is amended to read: |
9 | Section 509. License Must Be Posted; Business Hours.-- |
10 | Licenses shall be issued by the board under its official seal. |
11 | Every license so issued must at all times be posted in a |
12 | conspicuous place where the business is carried on under it. |
13 | Licensees may be open every day except limited wineries which |
14 | may be open as set forth [by the board through regulations] |
15 | under section 505.2(a)(6.3). |
16 | Section 14. The act is amended by adding a section to read: |
17 | Section 1002. Severability.--The provisions of this act are |
18 | severable. If any provision of this act or its application to |
19 | any person or circumstance is held invalid, the invalidity shall |
20 | not affect other provisions or applications of this act which |
21 | can be given effect without the invalid provision or |
22 | application. |
23 | Section 15. This act shall take effect immediately. |
|
