Bill Text: PA HB2201 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for shipment of wine into Commonwealth.

Spectrum: Moderate Partisan Bill (Republican 13-3)

Status: (Introduced - Dead) 2010-01-11 - Referred to LIQUOR CONTROL [HB2201 Detail]

Download: Pennsylvania-2009-HB2201-Introduced.html

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PRINTER'S NO. 3070
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2201 Session of2010
INTRODUCED BY SONNEY, CREIGHTON, J. EVANS, EVERETT, GINGRICH, GODSHALL, GRELL, HARRIS, HORNAMAN, KIRKLAND, MARSHALL, MILLARD, MOUL, PYLE, REICHLEY AND SIPTROTH, JANUARY 11, 2010
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 11, 2010
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 shipment of wine into Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 488 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 added February 21, 2002 (P.L.103,
No.10), is amended to read:
Section 488. Shipment of Wine within and into
Commonwealth.--(a) The shipment of wine [from out-of-State] to
residents of this Commonwealth is [prohibited, except as
otherwise] allowed as provided for in this section.
(b) Notwithstanding any other provision of this act or law
to the contrary, a person licensed [by another state] as a
producer, supplier, importer, wholesaler, distributor [or],
retailer of wine, or limited winery and who [obtains a direct
wine shipper license] registers with the board, and obtains a
direct wine shipper's permit, as provided for in this section
may ship [up to nine liters per month of] any wine [not included
on the list provided for in subsection (c)] on the Internet
order of any resident of this Commonwealth who is at least
twenty-one (21) years of age for such resident's personal use
and not for resale. This act shall represent the only means
through which wine may be shipped into and within this
Commonwealth.
(c) Each month, the board shall publish on the Internet a
list of all [classes, varieties and brands of wine available for
sale in the Pennsylvania Liquor Stores. A person holding a
direct shipper license may ship only those classes, varieties
and brands of wine not included on the list at the time an
Internet order is placed] entities that have obtained a direct
wine shipper's permit to ship wine into this Commonwealth
through the board's Internet website.
(d) [An out-of-State wine shipper] A direct wine shipper
permittee shall:
(1) [Not ship more than nine liters per month on the
Internet order of any person in this Commonwealth] Only ship
wine into and within this Commonwealth on orders placed through
the board's Internet website.
(2) Report to the board each year the total of wine shipped
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into and within this Commonwealth in the preceding calendar
year.
(3) Permit the board or the Secretary of Revenue, or their
designated representatives, to perform an audit of the [out-of-
State] direct wine shipper's records upon request.
(4) Be deemed to have submitted to the jurisdiction of the
board, any other State agency and the courts of this
Commonwealth for purposes of enforcement of this section and any
related laws, rules or regulations.
(e) A direct wine shipper may ship wine on the Internet
order of a resident into this Commonwealth provided that [the
wine is shipped to a Pennsylvania Liquor Store selected by the
resident. The wine will be subject to taxes in the same manner
as wine sold directly by the board. The wine will not be
released by the State store until all moneys due, including all
taxes and fees, have been paid by] the resident is registered
with the board as provided for in subsection (f). The wine will
be subject to the Commonwealth's sales tax and fee of one dollar
($1) for orders up to six bottles; a two dollar ($2) fee for
orders of seven to twelve bottles; a three dollar ($3) fee for
orders of thirteen to eighteen bottles; and a four dollar ($4)
fee for all orders greater than eighteen bottles. The Limited
Winery Advertising, Research and Development Fund is established
in the State Treasury. The bottle fee shall be deposited into
the Limited Winery Advertising, Research and Development Fund.
Half of the funds deposited into the Limited Winery Advertising,
Research and Development Fund shall be used to pay for
advertising the board's Internet website as well as limited
winery advertisements. In addition, half of the funds deposited
shall be used for research and development for limited wineries.
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The fund will be administered by the board.
(f) [A person shall sign an affidavit provided by the
Pennsylvania Liquor Store where the wine was delivered to
stating that the wine will only be used for the person's
personal use.] A person who wishes to place an order for the
direct shipment of wine must do so through the board's Internet
website and will have to register such information as the board
may require prior to placing an order. Any person who resells
wine obtained under this section commits a misdemeanor of the
second degree.
(g) The board may promulgate such rules and regulations as
are necessary to implement and enforce the provisions of this
section, including rules and regulations establishing an age
verification system for residents who register with the board's
Internet website. The board may charge the resident a fee to
cover the cost associated with establishing the online site for
registration and processing the Internet order. The board's role
in the Internet order ceases once the order has been processed
and sent to the proper permittee for fulfillment.
(h) The board shall submit monthly reports to the
Appropriations Committee and the Law and Justice Committee of
the Senate and to the Appropriations Committee and the Liquor
Control Committee of the House of Representatives summarizing
the number of direct wine shipper [licenses] permits issued by
the board, the quantity of wine sold pursuant to this section
and the total dollar value of sales under this section.
(i) The term "wine" as used in this section shall mean
liquor which is fermented from grapes and other fruits, having
alcoholic content of twenty-four per centum or less. The term
"wine" shall not include malt or brewed beverages nor shall wine
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include any products containing alcohol derived from malt,
grain, cereal, molasses or cactus.
Section 2. This act shall take effect in 60 days.
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