HB 2809 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in trade and commerce, providing for the offense of unlicensed sale of liquor; and making a repeal.

Summary

Unlicensed Liquor Sales and Municipal Enforcement

Bill Text

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This bill creates a new offense for the unlicensed sale of liquor, establishing specific penalties and enforcement guidelines.

• 18 Pa.C.S. § 7333

  § 7333. Unlicensed sale of liquor. (a) Penalties.--A person who is convicted of violating section 491(1) of the Liquor Code shall be sentenced as follows: (1) For a first offense, to pay a fine of not less than $1,000 nor more than $5,000. (2) For a second offense committed within five years after the date of conviction for a prior violation, to: (i) pay a fine of not less than $5,000 nor more than $10,000; and (ii) a term of imprisonment that shall be fixed by the court at not more than one year. (3) For a third or subsequent offense committed within five years after the date of conviction for a prior violation, to: (i) pay a fine of not less than $10,000 nor more than $25,000; and (ii) a term of imprisonment that shall be fixed by the court at not more than two years.

  This establishes new penalties for individuals convicted of unlicensed liquor sales.

• 18 Pa.C.S. § 7333

  (b) Organized unlawful alcohol sales operation.--A violation of section 491(1) of the Liquor Code constitutes a misdemeanor of the first degree if the Commonwealth proves beyond a reasonable doubt that the defendant knowingly and intentionally operated an organized unlawful liquor sales operation for commercial profit.

  This provision classifies certain violations of liquor sales as a first-degree misdemeanor if conducted as part of an organized operation.

• 18 Pa.C.S. § 7333

  (c) Aggravating circumstances.--In determining penalties or enforcement priorities, aggravating circumstances may include, in order of seriousness: (1) Occurrence of unlawful alcohol activity in connection with violent criminal conduct or other serious offenses. (2) Repeated police responses to the same location indicating ongoing unlawful operations. (3) Violations involving occupancy limits or fire and safety code violations.

  This allows for consideration of aggravating circumstances when enforcing penalties for liquor sales violations.

• 18 Pa.C.S. § 7333

  (d) Limited concurrent municipal enforcement relating to unlawful liquor sales activity.-- (1) A law enforcement officer authorized by law to exercise municipal police powers and acting within the scope of otherwise lawful duties may enforce section 491(1) of the Liquor Code and applicable provisions of this title relating to unlawful liquor sales activity. (2) Municipal enforcement under this subsection shall not require prior approval from, or coordination with, the Bureau of Liquor Control Enforcement as a condition of initiating enforcement activity.

  This provision allows municipal law enforcement to enforce liquor laws without needing prior approval from state authorities.

• 18 Pa.C.S. § 7333

  (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Liquor." As defined in section 102 of the Liquor Code. "Liquor Code." The act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code. "Organized unlawful liquor sales operation." An unlawful operation primarily engaged in repeated unlicensed liquor sales activity for commercial gain and involving two or more of the following factors: (1) Collection of admission, entrance fee or membership charges, whether collected in person, electronically, digitally or through any other payment method. (2) Employment of security personnel or controlled-entry practices. (3) Operation during hours prohibited under the Liquor Code. (4) Advertising or promotion of unlawful alcohol sales activity. (5) Use of a premises for recurring unlawful alcohol sales activity.

  This section provides definitions necessary to understand the terms used in the new law regarding unlicensed liquor sales.

• Section 494 of the act of April 12, 1951 (P.L.90, No.21)

  Section 494 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, is repealed insofar as it is inconsistent with the addition of 18 Pa.C.S. § 7333.

  This repeals any conflicting provisions in the previous law relating to unlicensed liquor sales.

Action History

1. September 29, 2026

   Referred to LIQUOR CONTROL, Sept. 29, 2026

Sponsors

• Jim Haddock · Cosponsor
• Sean Dougherty · Cosponsor
• Carol Hill-Evans · Cosponsor
• Kyle Donahue · Cosponsor
• Manuel Guzman · Primary

Subjects