Bill Text: PA HB1661 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for general powers of the Pennsylvania Liquor Control Board.

Spectrum: Moderate Partisan Bill (Republican 18-2)

Status: (Introduced - Dead) 2011-06-14 - Referred to LIQUOR CONTROL [HB1661 Detail]

Download: Pennsylvania-2011-HB1661-Introduced.html

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PRINTER'S NO. 2101
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1661 Session of2011
INTRODUCED BY MUSTIO, TAYLOR, PAYNE, TURZAI, KILLION, CHRISTIANA, D. COSTA, DENLINGER, ELLIS, D. EVANS, GRELL, KRIEGER, MARSHALL, METCALFE, PEIFER, PETRI, QUIGLEY, REICHLEY, TOOHIL AND VULAKOVICH, JUNE 14, 2011
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 14, 2011
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 general powers of the Pennsylvania
Liquor Control Board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 207(b) 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), is amended to read:
Section 207. General Powers of Board.--Under this act, the
board shall have the power and its duty shall be:
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(b) To control the manufacture, possession, sale,
consumption, importation, use, storage, transportation and
delivery of liquor, alcohol and malt or brewed beverages in
accordance with the provisions of this act, and to fix the
wholesale and retail prices at which liquors and alcohol shall
be sold at Pennsylvania Liquor Stores, provided that no price or
fee increases on wine and spirits sold by the board may be
implemented by the board without the prior approval of the
Governor and a majority of the members of the Senate and the
House of Representatives. Prices shall be proportional with
prices paid by the board to its suppliers and shall reflect any
advantage obtained through volume purchases by the board. The
board may establish a preferential price structure for wines
produced within this Commonwealth for the promotion of such
wines, as long as the price structure is uniform within each
class of wine purchased by the board. The board shall require
each Pennsylvania manufacturer and each nonresident manufacturer
of liquors, other than wine, selling such liquors to the board,
which are not manufactured in this Commonwealth, to make
application for and be granted a permit by the board before such
liquors not manufactured in this Commonwealth shall be purchased
from such manufacturer. Each such manufacturer shall pay for
such permit a fee which, in the case of a manufacturer of this
Commonwealth, shall be equal to that required to be paid, if
any, by a manufacturer or wholesaler of the state, territory or
country of origin of the liquors, for selling liquors
manufactured in Pennsylvania, and in the case of a nonresident
manufacturer, shall be equal to that required to be paid, if
any, in such state, territory or country by Pennsylvania
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manufacturers doing business in such state, territory or
country. In the event that any such manufacturer shall, in the
opinion of the board, sell or attempt to sell liquors to the
board through another person for the purpose of evading this
provision relating to permits, the board shall require such
person, before purchasing liquors from him or it, to take out a
permit and pay the same fee as hereinbefore required to be paid
by such manufacturer. All permit fees so collected shall be paid
into the State Stores Fund. The board shall not purchase any
alcohol or liquor fermented, distilled, rectified, compounded or
bottled in any state, territory or country, the laws of which
result in prohibiting the importation therein of alcohol or
liquor, fermented, distilled, rectified, compounded or bottled
in Pennsylvania.
* * *
Section 2. This act shall take effect in 60 days.
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