THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, TARTAGLIONE, ORIE, WASHINGTON, LEACH, WILLIAMS, M. WHITE, O'PAKE, KITCHEN AND LOGAN, JANUARY 20, 2009

REFERRED TO LAW AND JUSTICE, JANUARY 20, 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," in

licenses and regulations, further providing for the sale of

certain containers of malt or brewed beverages by

distributors and importing distributors.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 441(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) and amended December 9, 2002 (P.L.1653,

No.212), is amended to read:

Section 441.  Distributors' and Importing Distributors'

Restrictions on Sales, Storage, Etc.--* * *

(b)  (1)  No distributor or importing distributor shall sell

any malt or brewed beverages in quantities of less than a case

or original containers containing one hundred twenty-eight fluid 

ounces or more which may be sold separately: Provided, That no

malt or brewed beverages sold or delivered shall be consumed

upon the premises of the distributor or importing distributor,

or in any place provided for such purpose by such distributor or

importing distributor. Notwithstanding any other provision of

this section or act, malt or brewed beverages which are part of

a tasting conducted pursuant to the board's regulations may be

consumed on licensed premises.

(2)  No distributor or importing distributor shall sell malt

or brewed beverages in a container containing one hundred

twenty-eight fluid ounces or more without first requiring the

purchaser to execute a numbered form providing for the

purchaser's name and address and such other information as the

board may prescribe. Following execution of the numbered form,

the distributor or importing distributor shall affix to the

container an identification tag that corresponds to the number

on the form completed by the purchaser. Records required under

this clause shall be maintained in accordance with the rules and

regulations of the board. The removal of an identification tag

in violation of this clause and the rules and regulations of the

board shall be a summary offense. This clause shall not apply to

the sale of a container by an importing distributor or a

distributor to another importing distributor or distributor.

* * *

Section 2.  This act shall take effect in 60 days.