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§ 4-494. Penalties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 47 P.S. Liquor

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 47 P.S. Liquor (Refs & Annos)
Chapter 1. Liquor Code (Refs & Annos)
Article IV. Licenses and Regulations; Liquor, Alcohol and Malt and Brewed Beverages
(d) Unlawful Acts; Penalties
47 P.S. § 4-494
§ 4-494. Penalties
(a) Any person who shall violate any of the provisions of this article, except as otherwise specifically provided, shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to pay a fine of not less than one hundred dollars ($100), nor more than five hundred dollars ($500), and on failure to pay such fine, to imprisonment for not less than one month, nor more than three months, and for any subsequent offense, shall be sentenced to pay a fine not less than three hundred dollars ($300), nor more than five hundred dollars ($500), and to undergo imprisonment for a period not less than three months, nor more than one year, or both. If the person, at or relating to the licensed premises, violates section 493(1), (10), (14), (16) or (21),1 or if the owner or operator of the licensed premises or any authorized agent of the owner or operator violates the act of April 14, 1972 (P.L. 233, No. 64),2 known as “The Controlled Substance, Drug, Device and Cosmetic Act,” or 18 Pa.C.S. § 5902 (relating to prostitution and related offenses) or 6301 (relating to corruption of minors), he shall be sentenced to pay a fine not exceeding five thousand dollars ($5,000) or to undergo imprisonment for a period not less than three months, nor more than one year, or both.
(b) The right to suspend and revoke licenses granted under this article shall be in addition to the penalty set forth in this section.
(c) A person convicted of selling or offering to sell any liquor or malt or brewed beverage without being licensed is in violation of this article and shall, in addition to any other penalty prescribed by law, be sentenced to pay a fine of two dollars ($2) per fluid ounce for each container of malt or brewed beverages and four dollars ($4) per fluid ounce for each container of wine or liquor found on the premises where the sale was made or attempted. The amount of fine per container will be based upon the capacity of the container when full, whether or not it is full at the time of the sale or attempted sale. In addition, all malt or brewed beverages, wine and liquor found on the premises shall be confiscated. If a person fails to pay the full amount of the fine levied under this subsection, the premises on which the malt or brewed beverages, wine or liquor was found shall be subject to a lien in the amount of the unpaid fine if the premises are owned by the person against whom the fine was levied or by any other person who had knowledge of the proscribed activity. The lien shall be superior to any other liens on the premises other than a duly recorded mortgage.

Credits

1951, April 12, P.L. 90, art. IV, § 494. Amended 1956, May 25, P.L. (1955) 1743, § 2. Reenacted and amended 1987, June 29, P.L. 32, No. 14, § 82, effective July 1, 1987. Amended 1994, April 29, P.L. 212, No. 30, § 18, effective in 60 days; 1999, Nov. 10, P.L. 514, No. 47, § 11, imd. effective.

Footnotes

47 P.S. § 4-493(1), (10), (14), (16), (21).
35 P.S. § 780-101 et seq.
47 P.S. § 4-494, PA ST 47 P.S. § 4-494
Current through Act 92 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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