Proposal sets penalties for illegal liquor sales and allows local police enforcement

The proposed text sets fines for people convicted of unlawful liquor sales, with jail time for repeat offenses. A first offense carries a $1,000 to $5,000 fine. A second offense within five years after a prior conviction carries a $5,000 to $10,000 fine and a jail term of up to one year. A third or later offense within five years after a prior conviction carries a $10,000 to $25,000 fine and a jail term of up to two years. The penalties apply to a person convicted of violating section 491(1) of the Liquor Code.

The proposed text makes certain organized unlawful liquor sales operations first-degree misdemeanors. The operation must focus mainly on repeated unlicensed liquor sales for profit and involve at least two listed factors, such as paid entry, security or controlled entry, sales during prohibited hours, advertising, or repeated use of a location. The Commonwealth must prove beyond a reasonable doubt that the person knowingly and intentionally ran the operation for commercial profit.

The proposed text lets municipal police enforce rules against unlawful liquor sales without first getting the state bureau's approval or coordinating with it. This applies to law enforcement officers authorized to use municipal police powers. Officers must act within their otherwise lawful duties. This provision does not allow routine inspections of licensed businesses, independent regulatory investigations, or checkpoints without reasonable suspicion of criminal activity. Municipal police agencies must send incident records to the Bureau of Liquor Control Enforcement within 48 hours. Applicable training must follow standards set or recognized by the bureau; municipalities may choose whether to take part in its training programs. The text does not transfer, reduce, expand, or override the bureau's or Pennsylvania State Police's primary enforcement authority. It does not expand the existing powers of sheriffs or deputy sheriffs. Municipal police agencies must send incident records to the bureau within 48 hours of enforcement activity.

The proposed text repeals part of the Liquor Code where it conflicts with the proposed new section. The proposed repeal concerns section 494 of the Liquor Code. The repeal would apply only to the extent section 494 is inconsistent with the added section.