§ 2-211. Enforcement
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 47 P.S. LiquorEffective: December 31, 2022
Effective: December 31, 2022
47 P.S. § 2-211
§ 2-211. Enforcement
(1) To investigate whenever there are reasonable grounds to believe liquor, alcohol or malt or brewed beverages are being sold on premises not licensed under the provisions of this act. If the investigation produces evidence of the unlawful sale of liquor or malt or brewed beverages or any other violation of the provisions of this act, the officer involved in the investigation shall institute criminal proceedings against the person or persons believed to have been criminally liable, as otherwise provided by law or rule of court.
(2) To arrest on view, except in private homes, without warrant, any person actually engaged in the unlawful sale, importation, manufacture or transportation or having unlawful possession of liquor, alcohol or malt or brewed beverages contrary to the provisions of this act or any other law of this Commonwealth or any person whom the officer/investigator, while in the performance of his assigned duties under and pursuant to this act and any regulations promulgated under this act, observes to be in violation of any of the following provisions:
18 Pa.C.S. § 3302 (relating to causing or risking catastrophe).
18 Pa.C.S. § 3304 (relating to criminal mischief).
18 Pa.C.S. § 4101 (relating to forgery).
18 Pa.C.S. § 5503 (relating to disorderly conduct).
18 Pa.C.S. § 5505 (relating to public drunkenness).
18 Pa.C.S. § 5512 (relating to lotteries, etc.).
18 Pa.C.S. § 5513 (relating to gambling devices, gambling, etc.).
18 Pa.C.S. § 5514 (relating to pool selling and bookmaking).
18 Pa.C.S. § 6307 (relating to misrepresentation of age to secure liquor or malt or brewed beverages).
18 Pa.C.S. § 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages).
18 Pa.C.S. § 6309 (relating to representing that minor is of age).
18 Pa.C.S. § 6310.1 (relating to selling or furnishing liquor or malt or brewed beverages to minors).
18 Pa.C.S. § 6310.3 (relating to carrying a false identification card).
(3) Upon reasonable and probable cause, to search for and to seize, without warrant or process, except in private homes, any liquor, alcohol or malt or brewed beverages unlawfully possessed, manufactured, sold, imported or transported and any stills, equipment, materials, utensils, vehicles, boats, vessels, animals, aircraft, or any of them, which are or have been used in the unlawful manufacture, sale, importation or transportation of the same. Such liquor, alcohol, malt or brewed beverages, stills, equipment, materials, utensils, vehicles, boats, vessels, animals or aircraft so seized shall be disposed of as hereinafter provided.
(4) To investigate and issue citations for any violations of this act or any laws of this Commonwealth relating to liquor, alcohol or malt or brewed beverages, or any regulations of the board adopted pursuant to such laws or any violation of any laws of this Commonwealth or of the Federal Government, relating to the payment of taxes on liquor, alcohol or malt or brewed beverages by any licensee, his officers, servants, agents or employes.
(5) To arrest any person who engages in the following offenses when the said offenses are committed against the officer/investigator or any person accompanying and assisting the officer/investigator while the said officer/investigator is performing assigned duties under and pursuant to this act and any regulations promulgated under this act:
18 Pa.C.S. § 2701 (relating to simple assault).
18 Pa.C.S. § 2702 (relating to aggravated assault).
18 Pa.C.S. § 2705 (relating to recklessly endangering another person).
18 Pa.C.S. § 2706 (relating to terroristic threats).
18 Pa.C.S. § 2709 (relating to harassment and stalking).
18 Pa.C.S. § 5104 (relating to resisting arrest or other law enforcement).
18 Pa.C.S. § 5501 (relating to riot).
(7) To arrange for the administration of chemical tests of breath, blood or urine, including preliminary breath tests, to persons for the purpose of determining the alcoholic content of blood or the presence of a controlled substance by qualified personnel of a State or local police department or qualified personnel of a clinical laboratory licensed and approved by the Department of Health.
(e) Nothing in this act shall be construed to change the status of civilian enforcement agents for the purposes of the act of July 23, 1970 (P.L. 563, No. 195),1 known as the “Public Employe Relations Act,” or cause civilian enforcement agents to be considered policemen for the purposes of the act of June 24, 1968 (P.L. 237, No. 111),2 referred to as the Policemen and Firemen Collective Bargaining Act.
(f) In addition to the information provided to the General Assembly and the Legislative Data Processing Center under sections 613 and 614 of the act of April 9, 1929 (P.L. 177, No. 175),3 known as “The Administrative Code of 1929,” respectively, the Pennsylvania State Police shall provide to the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives any other information as requested. The Pennsylvania State Police shall also provide:
Credits
1951, April 12, P.L. 90, No. 21, § 211, added 1987, June 29, P.L. 32, No. 14, § 14, effective July 1, 1987. Amended 1994, Oct. 5, P.L. 537, No. 80, § 1, effective in 60 days; 2003, July 17, P.L. 63, No. 15, § 2, effective Sept. 15, 2003; 2017, Dec. 22, P.L. 1237, No. 75, § 1, imd. effective.
47 P.S. § 2-211, PA ST 47 P.S. § 2-211
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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