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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SONNEY, CREIGHTON, J. EVANS, EVERETT, GINGRICH, GODSHALL, GRELL, HARRIS, HORNAMAN, KIRKLAND, MARSHALL, MILLARD, MOUL, PYLE, REICHLEY AND SIPTROTH, JANUARY 11, 2010 |
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| REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 11, 2010 |
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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 shipment of wine into Commonwealth. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. Section 488 of the act of April 12, 1951 (P.L.90, |
21 | No.21), known as the Liquor Code, reenacted and amended June 29, |
22 | 1987 (P.L.32, No.14) and added February 21, 2002 (P.L.103, |
23 | No.10), is amended to read: |
24 | Section 488. Shipment of Wine within and into |
25 | Commonwealth.--(a) The shipment of wine [from out-of-State] to |
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1 | residents of this Commonwealth is [prohibited, except as |
2 | otherwise] allowed as provided for in this section. |
3 | (b) Notwithstanding any other provision of this act or law |
4 | to the contrary, a person licensed [by another state] as a |
5 | producer, supplier, importer, wholesaler, distributor [or], |
6 | retailer of wine, or limited winery and who [obtains a direct |
7 | wine shipper license] registers with the board, and obtains a |
8 | direct wine shipper's permit, as provided for in this section |
9 | may ship [up to nine liters per month of] any wine [not included |
10 | on the list provided for in subsection (c)] on the Internet |
11 | order of any resident of this Commonwealth who is at least |
12 | twenty-one (21) years of age for such resident's personal use |
13 | and not for resale. This act shall represent the only means |
14 | through which wine may be shipped into and within this |
15 | Commonwealth. |
16 | (c) Each month, the board shall publish on the Internet a |
17 | list of all [classes, varieties and brands of wine available for |
18 | sale in the Pennsylvania Liquor Stores. A person holding a |
19 | direct shipper license may ship only those classes, varieties |
20 | and brands of wine not included on the list at the time an |
21 | Internet order is placed] entities that have obtained a direct |
22 | wine shipper's permit to ship wine into this Commonwealth |
23 | through the board's Internet website. |
24 | (d) [An out-of-State wine shipper] A direct wine shipper |
25 | permittee shall: |
26 | (1) [Not ship more than nine liters per month on the |
27 | Internet order of any person in this Commonwealth] Only ship |
28 | wine into and within this Commonwealth on orders placed through |
29 | the board's Internet website. |
30 | (2) Report to the board each year the total of wine shipped |
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1 | into and within this Commonwealth in the preceding calendar |
2 | year. |
3 | (3) Permit the board or the Secretary of Revenue, or their |
4 | designated representatives, to perform an audit of the [out-of- |
5 | State] direct wine shipper's records upon request. |
6 | (4) Be deemed to have submitted to the jurisdiction of the |
7 | board, any other State agency and the courts of this |
8 | Commonwealth for purposes of enforcement of this section and any |
9 | related laws, rules or regulations. |
10 | (e) A direct wine shipper may ship wine on the Internet |
11 | order of a resident into this Commonwealth provided that [the |
12 | wine is shipped to a Pennsylvania Liquor Store selected by the |
13 | resident. The wine will be subject to taxes in the same manner |
14 | as wine sold directly by the board. The wine will not be |
15 | released by the State store until all moneys due, including all |
16 | taxes and fees, have been paid by] the resident is registered |
17 | with the board as provided for in subsection (f). The wine will |
18 | be subject to the Commonwealth's sales tax and fee of one dollar |
19 | ($1) for orders up to six bottles; a two dollar ($2) fee for |
20 | orders of seven to twelve bottles; a three dollar ($3) fee for |
21 | orders of thirteen to eighteen bottles; and a four dollar ($4) |
22 | fee for all orders greater than eighteen bottles. The Limited |
23 | Winery Advertising, Research and Development Fund is established |
24 | in the State Treasury. The bottle fee shall be deposited into |
25 | the Limited Winery Advertising, Research and Development Fund. |
26 | Half of the funds deposited into the Limited Winery Advertising, |
27 | Research and Development Fund shall be used to pay for |
28 | advertising the board's Internet website as well as limited |
29 | winery advertisements. In addition, half of the funds deposited |
30 | shall be used for research and development for limited wineries. |
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1 | The fund will be administered by the board. |
2 | (f) [A person shall sign an affidavit provided by the |
3 | Pennsylvania Liquor Store where the wine was delivered to |
4 | stating that the wine will only be used for the person's |
5 | personal use.] A person who wishes to place an order for the |
6 | direct shipment of wine must do so through the board's Internet |
7 | website and will have to register such information as the board |
8 | may require prior to placing an order. Any person who resells |
9 | wine obtained under this section commits a misdemeanor of the |
10 | second degree. |
11 | (g) The board may promulgate such rules and regulations as |
12 | are necessary to implement and enforce the provisions of this |
13 | section, including rules and regulations establishing an age |
14 | verification system for residents who register with the board's |
15 | Internet website. The board may charge the resident a fee to |
16 | cover the cost associated with establishing the online site for |
17 | registration and processing the Internet order. The board's role |
18 | in the Internet order ceases once the order has been processed |
19 | and sent to the proper permittee for fulfillment. |
20 | (h) The board shall submit monthly reports to the |
21 | Appropriations Committee and the Law and Justice Committee of |
22 | the Senate and to the Appropriations Committee and the Liquor |
23 | Control Committee of the House of Representatives summarizing |
24 | the number of direct wine shipper [licenses] permits issued by |
25 | the board, the quantity of wine sold pursuant to this section |
26 | and the total dollar value of sales under this section. |
27 | (i) The term "wine" as used in this section shall mean |
28 | liquor which is fermented from grapes and other fruits, having |
29 | alcoholic content of twenty-four per centum or less. The term |
30 | "wine" shall not include malt or brewed beverages nor shall wine |
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1 | include any products containing alcohol derived from malt, |
2 | grain, cereal, molasses or cactus. |
3 | Section 2. This act shall take effect in 60 days. |
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