Bill Text: PA SB487 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for unlawful acts relative to liquor, alcohol and liquor licensees.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-16 - Re-referred to APPROPRIATIONS [SB487 Detail]

Download: Pennsylvania-2009-SB487-Amended.html

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PRIOR PRINTER'S NO. 574 PRINTER'S NO. 639
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 487 Session of2009
INTRODUCED BY RAFFERTY, FERLO, WASHINGTON, ERICKSON, ALLOWAY, D. WHITE, YAW, COSTA, FONTANA, VANCE, EARLL, KITCHEN, WAUGH, PILEGGI, WONDERLING, LOGAN, FARNESE, M. WHITE AND BOSCOLA, MARCH 4, 2009
SENATOR RAFFERTY, LAW AND JUSTICE, AS AMENDED, MARCH 11, 2009
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 relative to liquor,
alcohol and liquor licensees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 491(2), (3), (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
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United States territory and was allowed to bring it into the
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.
None of the provisions of this clause shall prohibit nor
shall it be unlawful for any person to possess or transport
within this Commonwealth any wine in an amount not to exceed
three hundred eighty-fourtwo hundred fifty-six ounces not <--
purchased in this Commonwealth for such person's exclusive
personal consumption and not for resale.
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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
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.
(3) Purchase of Liquor or Alcohol. For any person within
this Commonwealth, by himself or by an employe or agent, to
attempt to purchase, or directly or indirectly, or upon any
pretense or device whatsoever, to purchase any liquor or alcohol
from any person or source other than a Pennsylvania Liquor
Store, except in accordance with the provisions of this act or
20090SB0487PN0639 - 4 -
the regulations of the board.
None of the provisions of this clause shall prohibit nor
shall it be unlawful for any person to purchase any wine in an
amount not to exceed three hundred eighty-fourtwo hundred fifty- <--
six ounces outside of this Commonwealth for such person's
exclusive personal consumption and not for resale.
* * *
(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.
None of the provisions of this clause shall prohibit nor
shall it be unlawful for any person to import wine in an amount
not to exceed three hundred eighty-fourtwo hundred fifty-six <--
ounces into this Commonwealth for such person's exclusive
personal consumption and not for resale.
* * *
(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.
None of the provisions of this clause shall prohibit nor
shall it be unlawful for any person to import wine in an amount
not to exceed three hundred eighty-fourtwo hundred fifty-six <--
ounces into this Commonwealth for such person's exclusive
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personal consumption and not for resale.
* * *
Section 2. This act shall take effect in 60 days.
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