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| PRIOR PRINTER'S NO. 62 | PRINTER'S NO. 393 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY REED, BARRAR, BEYER, BRENNAN, BROOKS, CARROLL, CAUSER, CLYMER, DONATUCCI, FAIRCHILD, GIBBONS, GRELL, GROVE, HALUSKA, HARKINS, HENNESSEY, LONGIETTI, MELIO, MILLER, MOUL, MUSTIO, PAYNE, PICKETT, PYLE, REICHLEY, ROAE, ROHRER, SCAVELLO, SIPTROTH, SONNEY, SWANGER, TURZAI, VULAKOVICH, FLECK, WANSACZ, EVERETT AND ELLIS, JANUARY 27, 2009 |
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| AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 11, 2009 |
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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 defining "eligible entity"; adding definitions; and | <-- |
18 | further providing for sales by Pennsylvania Liquor Stores, |
19 | for sales by liquor licensees and restrictions, for | <-- |
20 | sacramental wine licenses, fees, privileges and restrictions, |
21 | for distributors' and importing distributors' restrictions |
22 | and for unlawful acts relative to liquor, malt and brewed |
23 | beverages and licensees. |
24 | The General Assembly of the Commonwealth of Pennsylvania |
25 | hereby enacts as follows: |
26 | Section 1. Section 102 of the act of April 12, 1951 (P.L.90, | <-- |
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1 | No.21), known as the Liquor Code, reenacted and amended June 29, |
2 | 1987 (P.L.32, No.14), is amended by adding definitions to read: |
3 | Section 1. The definition of "eligible entity" in section | <-- |
4 | 102 of the act of April 12, 1951 (P.L.90, No.21), known as the |
5 | Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14) |
6 | and amended November 29, 2006 (P.L.1421, No.155), is amended and |
7 | the section is amended by adding definitions to read: |
8 | Section 102. Definitions.--The following words or phrases, |
9 | unless the context clearly indicates otherwise, shall have the |
10 | meanings ascribed to them in this section: |
11 | * * * |
12 | "Eligible entity" shall mean a city of the third class, a | <-- |
13 | hospital, a church, a synagogue, a volunteer fire company, a |
14 | volunteer ambulance company, a volunteer rescue squad, a unit of |
15 | a nationally chartered club which has been issued a club liquor |
16 | license, a club in a city of the third class which has been |
17 | issued a club liquor license and which, as of December 31, 2002, |
18 | has been in existence for at least 100 years, a library, a |
19 | nationally accredited Pennsylvania nonprofit zoological |
20 | institution licensed by the United States Department of |
21 | Agriculture, a nonprofit agricultural association in existence |
22 | for at least ten years, a bona fide sportsmen's club in |
23 | existence for at least ten years, a nationally chartered |
24 | veterans' organization and any affiliated lodge or subdivision |
25 | of such organization, a fraternal benefit society that is |
26 | licensed to do business in this Commonwealth and any affiliated |
27 | lodge or subdivision of such fraternal benefit society, a museum |
28 | operated by a nonprofit corporation in a city of the third class |
29 | or township of the first class, a nonprofit corporation engaged |
30 | in the performing arts in a city of the third class, borough or |
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1 | in an incorporated town, an arts council, a nonprofit |
2 | corporation that operates an arts facility or museum in a city |
3 | of the third class in the county of the fourth class, a |
4 | nonprofit organization as defined under section 501(c)(3) of the |
5 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
6 | 501(c)(3)) whose purpose is to protect the architectural |
7 | heritage of boroughs and which has been recognized as such by a |
8 | municipal resolution, a nonprofit organization as defined under |
9 | section 501(c)(3) of the Internal Revenue Code of 1986 (Public |
10 | Law 99-514, 26 U.S.C. § 501(c)(3)) conducting a regatta in a |
11 | city of the second class with the permit to be used on State |
12 | park grounds or conducting a family-oriented celebration as part |
13 | of Welcome America in a city of the first class on property |
14 | leased from that city for more than fifty years, a nonprofit |
15 | organization as defined under section 501(c)(3) of the Internal |
16 | Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to |
17 | raise funds for the research and treatment of cystic fibrosis, a |
18 | nonprofit organization as defined under section 501(c)(3) of the |
19 | Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose |
20 | purpose is to educate the public on issues dealing with |
21 | watershed conservation, a nonprofit organization as defined |
22 | under section 501(c)(3) of the Internal Revenue Code of 1986 |
23 | (Public Law 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to |
24 | provide equine assisted activities for children and adults with |
25 | special needs, a nonprofit economic development agency in a city |
26 | of the second class with the primary function to serve as an |
27 | economic generator for the greater southwestern Pennsylvania |
28 | region by attracting and supporting film, television and related |
29 | media industry projects and coordinating government and business |
30 | offices in support of a production, a county tourist promotion |
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1 | agency as defined in section 3(1) of the act of April 28, 1961 |
2 | (P.L.111, No.50), known as the "Tourist Promotion Law," and |
3 | located in a city of the third class in a county of the fourth |
4 | class or located in a township of the second class in a county |
5 | of the fifth class, a junior league in a third class county that |
6 | is a nonprofit organization as defined under section 501(c)(3) |
7 | of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) |
8 | that is comprised of women whose purpose is exclusively |
9 | educational and charitable in promoting the volunteerism of |
10 | women and developing and participating in community projects and |
11 | that has been in existence for over seventy years [or], a |
12 | nonprofit organization as defined under section 501(C)(6) of the |
13 | Internal Revenue Code of 1986 which is located in a city of the |
14 | third class in a county of the third class and whose purpose is |
15 | to support business and industry or a nonprofit organization as |
16 | defined under section 501(c)(3) of the Internal Revenue Code of |
17 | 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) which is located |
18 | in a borough in a county of the third class and whose purpose is |
19 | to promote mushrooms while supporting local and regional |
20 | charities. |
21 | * * * |
22 | "Gift card" shall have the meaning given to it in section |
23 | 1301.1 of the act of April 9, 1929 (P.L.343, No.176), known as |
24 | "The Fiscal Code." |
25 | "Gift certificate" shall have the meaning given to it in |
26 | section 1301.1 of the act of April 9, 1929 (P.L.343, No.176), |
27 | known as "The Fiscal Code." |
28 | * * * |
29 | Section 2. Section 305 of the act is amended by adding a |
30 | subsection to read: |
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1 | Section 305. Sales by Pennsylvania Liquor Stores.--* * * |
2 | (j) No Pennsylvania Liquor Store shall accept payment from a |
3 | purchaser of liquor, alcohol, a gift certificate or a gift card |
4 | which is in the form of an electronic benefits card issued to |
5 | convey public assistance benefits administered by the Department |
6 | of Public Welfare or a debit card issued to convey support |
7 | payment moneys. |
8 | Section 3. Section 406(a) of the act is amended by adding a |
9 | paragraph to read: |
10 | Section 406. Sales by Liquor Licensees; Restrictions.--(a) * |
11 | * * |
12 | (7) No licensee to which this section applies shall accept |
13 | payment from a purchaser of liquor, alcohol, a gift certificate |
14 | or a gift card which is in the form of an electronic benefits |
15 | card issued to convey public assistance benefits administered by |
16 | the Department of Public Welfare or a debit card issued to |
17 | convey support payment moneys. |
18 | * * * |
19 | Section 4. Section 409 of the act, amended December 21, 1998 | <-- |
20 | (P.L.1202, No.155) and December 9, 2002 (P.L.1653, No.212), is |
21 | amended to read: |
22 | Section 409. Sacramental Wine Licenses; Fees; Privileges; |
23 | Restrictions.--(a) Subject to the provisions of this act in |
24 | general and more particularly to the following provisions of |
25 | this section, the board shall issue sacramental wine licenses to |
26 | qualified applicants. |
27 | (b) Every applicant for a sacramental wine license shall |
28 | file a written application with the board in such form as the |
29 | board shall from time to time prescribe, which shall be |
30 | accompanied by a filing fee and a license fee as prescribed in |
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1 | section 614-A of the act of April 9, 1929 (P.L.177, No.175), |
2 | known as "The Administrative Code of [1929," and a license fee |
3 | of one hundred dollars.]1929." Every such application shall |
4 | contain a description of the premises for which the applicant |
5 | desires a license and shall set forth such other material |
6 | information as may be required by the board. |
7 | (c) If the applicant is a natural person, his application |
8 | must show that he is a citizen of the United States or a |
9 | resident alien and a resident of this Commonwealth. If the |
10 | applicant is an association or partnership, each and every |
11 | member of the association or partnership must be a citizen of |
12 | the United States or a resident alien and a resident of this |
13 | Commonwealth. If the applicant is a corporation, the application |
14 | must show that the corporation was created under the laws of |
15 | Pennsylvania or holds a certificate of authority to transact |
16 | business in Pennsylvania, and that all officers, directors and |
17 | stockholders are citizens of the United States or resident |
18 | aliens. |
19 | (d) Holders of such licenses may purchase from manufacturers |
20 | or bring or import into this Commonwealth wine to be used for |
21 | sacramental or religious purposes only, and bottle and sell the |
22 | same to priests, clergymen and rabbis for use in the cathedral, |
23 | church, synagogue or temple, or for sustaining members of the |
24 | congregation or members of the faith who attend religious |
25 | services, duly certified by such priests, clergymen or rabbis. |
26 | The sale and use of wine for sacramental or religious purposes |
27 | shall be subject to and in accordance with the regulations of |
28 | the board. |
29 | (e) Any wine purchased under the authority of this section |
30 | shall not be used for any [other than sacramental or religious] |
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1 | purposes other than those permitted in this section. Sacramental |
2 | wine may not be sold by any person except the holder of a |
3 | sacramental wine license. Notwithstanding any other provision of |
4 | this act, in addition to the privileges herein provided, the |
5 | holder of a sacramental wine license may sell food for |
6 | consumption on or off the licensed premises and sell for |
7 | consumption on the licensed premises only such wine that it may |
8 | acquire and sell pursuant to its license. |
9 | (f) Every sacramental wine licensee shall maintain on the |
10 | licensed premises such records as the board may prescribe. No |
11 | deliveries of sacramental wine shall be made unless and until an |
12 | order therefor is on file at the principal place of business in |
13 | Pennsylvania. All shipments into Pennsylvania of wine to be used |
14 | for sacramental or religious purposes shall be consigned to the |
15 | principal place of business maintained by the licensee. |
16 | (g) Any such license may be fined, suspended or revoked [by |
17 | the board upon proof satisfactory to it that the licensee has |
18 | violated any law of this Commonwealth or any regulation of the |
19 | board relating to liquor and alcohol. The procedure in such |
20 | cases shall be the same as for the revocation and suspension of] |
21 | in the same manner as hotel, restaurant and club licenses. |
22 | (h) No person or entity holding an interest in a sacramental |
23 | wine license may hold an interest in any other sacramental wine |
24 | license or in any other license issued under this act. |
25 | Section 45. Section 441 of the act is amended by adding a | <-- |
26 | subsection to read: |
27 | Section 441. Distributors' and Importing Distributors' |
28 | Restrictions on Sales, Storage, Etc.--* * * |
29 | (h) No distributor or importing distributor shall accept |
30 | payment from a purchaser of liquor, alcohol, a gift certificate |
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1 | or a gift card which is in the form of an electronic benefits |
2 | card issued to convey public assistance benefits administered by |
3 | the Department of Public Welfare or a debit card issued to |
4 | convey support payment moneys. |
5 | Section 56. Section 493(2) and (15) of the act, amended July | <-- |
6 | 6, 2005 (P.L.135, No.39), are amended to read: |
7 | Section 493. Unlawful Acts Relative to Liquor, Malt and |
8 | Brewed Beverages and Licensees.--The term "licensee," when used |
9 | in this section, shall mean those persons licensed under the |
10 | provisions of Article IV, unless the context clearly indicates |
11 | otherwise. |
12 | It shall be unlawful-- |
13 | * * * |
14 | (2) Purchase or Sale of Liquor or Malt or Brewed Beverages |
15 | on Credit; Importing Distributors or Distributors Accepting |
16 | Cash. For any licensee, his agent, servant or employe, to sell |
17 | or offer to sell or purchase or receive any liquor or malt or |
18 | brewed beverages except for cash, excepting credit extended by a |
19 | hotel or club to a bona fide guest or member, or by railroad or |
20 | pullman companies in dining, club or buffet cars to passengers, |
21 | for consumption while enroute, holding authorized credit cards |
22 | issued by railroad or railroad credit bureaus or by hotel, |
23 | restaurant, retail dispenser eating place, club and public |
24 | service licensees, importing distributors or distributors to |
25 | customers not possessing a license under this article and |
26 | holding credit cards issued in accordance with regulations of |
27 | the board or credit cards issued by banking institutions subject |
28 | to State or Federal regulation[:], except that no licensee, his |
29 | agent, servant or employe shall accept from a purchaser of |
30 | liquor, alcohol, a gift certificate or a gift card which is in |
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1 | the form of an electronic benefits card issued to convey public |
2 | assistance benefits administered by the Department of Public |
3 | Welfare or a debit card issued to convey support payment moneys: |
4 | Provided further, That nothing herein contained shall be |
5 | construed to prohibit the use of checks or drafts drawn on a |
6 | bank, banking institution, trust company or similar depository, |
7 | organized and existing under the laws of the United States of |
8 | America or the laws of any state, territory or possession |
9 | thereof, in payment for any liquor or malt or brewed beverages |
10 | if the purchaser is the payor of the check or draft and the |
11 | licensee is the payee: Provided further, That notwithstanding |
12 | any other provision of this act to the contrary, it shall be |
13 | unlawful for an importing distributor or distributor to accept |
14 | cash for payment of any malt or brewed beverages from anyone |
15 | possessing a license issued under this article, except it shall |
16 | be permissible for the importing distributor or distributor to |
17 | accept money orders or cashiers' checks for payment of any malt |
18 | or brewed beverages in addition to any other type of payment |
19 | authorized by the board from anyone possessing a license under |
20 | this article. No right of action shall exist to collect any |
21 | claim for credit extended contrary to the provisions of this |
22 | clause. Nothing herein contained shall prohibit a licensee from |
23 | crediting to a purchaser the actual price charged for original |
24 | containers returned by the original purchaser as a credit on any |
25 | sale, or from refunding to any purchaser the amount paid by such |
26 | purchaser for such containers or as a deposit on containers when |
27 | title is retained by the vendor, if such original containers |
28 | have been returned to the licensee. Nothing herein contained |
29 | shall prohibit a manufacturer from extending usual and customary |
30 | credit for liquor or malt or brewed beverages sold to customers |
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1 | or purchasers who live or maintain places of business outside of |
2 | the Commonwealth of Pennsylvania, when the liquor or malt or |
3 | brewed beverages so sold are actually transported and delivered |
4 | to points outside of the Commonwealth: Provided, however, That |
5 | as to all transactions affecting malt or brewed beverages to be |
6 | resold or consumed within this Commonwealth, every licensee |
7 | shall pay and shall require cash deposits on all returnable |
8 | original containers and all such cash deposits shall be refunded |
9 | upon return of the original containers. |
10 | * * * |
11 | (15) Cashing Pay Roll, Public Assistance, Unemployment |
12 | Compensation or Any Other Relief Checks. For any licensee or his |
13 | servants, agents or employes to cash pay roll checks or to cash, |
14 | receive, handle or negotiate in any way [Public Assistance, |
15 | Unemployment Compensation] public assistance, unemployment |
16 | compensation or any other relief checks[.] or to accept payment |
17 | from a purchaser of liquor, alcohol, a gift certificate or a |
18 | gift card which is in the form of an electronic benefits card |
19 | issued to convey public assistance benefits administered by the |
20 | Department of Public Welfare or a debit card issued to convey |
21 | support payment moneys. |
22 | * * * |
23 | Section 67. This act shall take effect in 60 days. | <-- |
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