72 Pa. Stat. § 9002

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 9002 - Definitions

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Department." The Department of Revenue of the Commonwealth.

"Distributor." A person engaged in the purchase and resale of malt or brewed beverages in the original sealed packages as prepared for market by the manufacturer, including any who or which:

(1) Imports or causes to be imported from any other state or territory of the United States, or from any foreign country, malt or brewed beverages for his own use in the Commonwealth, or for sale and delivery in and after reaching the Commonwealth.

(2) Imports or causes to be imported from any other state or territory of the United States, or from any foreign country, malt or brewed beverages for his own use in the Commonwealth, or for sale or delivery therein, after the same have come to rest or storage therein, in the original package, receptacle or container.

(3) Purchases or receives malt or brewed beverages in the original package, receptacle or container in the Commonwealth for his own use, or for sale and delivery therein, from any person who has imported the same from a foreign country.

(4) Purchases or receives malt or brewed beverages in the original package, receptacle or container in the Commonwealth for his own use therein, or for sale and delivery therein, from any person who has imported the same from any other state or territory of the United States, in case such malt or brewed beverages have not, prior to such purchase or receipt, come to rest or storage in the Commonwealth.

"Malt or Brewed Beverages." Alcoholic beverages, which include beer, lager beer, ale, porter or similar fermented malt liquor, containing one-half of one per cent or more of alcohol, by whatever name such liquors may be called.

"Manufacturer." A person engaged in the brewing or manufacturing of malt or brewed beverages for sale, and, for the purposes of posting bond and payment of taxes required under the provisions of this article, shall include importing agents for foreign manufacturers.

"Original Container." Bottle, cask, keg or other container that has been securely capped, sealed or corked by the manufacturer, with the name and address of the manufacturer permanently affixed to the bottle, cask, keg or other container, or to the cap or cork used in sealing the same, or to a label securely affixed to a bottle.

"Person." An individual or an unincorporated association, including a partnership, a limited partnership, or any other form of unincorporated enterprise owned by two or more individuals, or a corporation. Whenever used in any section prescribing and imposing a fine or imprisonment, or both, the term "person," as applied to a partnership, limited partnership, or any other form of unincorporated enterprise, shall mean the partners or members thereof, and, as applied to corporations and their officers.

"Retail Dealer." A person engaged in the retail sale of malt or brewed beverages either for consumption on the premises or not for consumption on the premises where sold.

"Sale." Any transfer for a consideration, exchange, barter, gift, offer for sale, and distribution, in any manner or by any means whatsoever.

72 P.S. § 9002

1971, March 4, P.L. 6, No. 2, § 2002, added 1989, Dec. 22, P.L. 775, No. 110, § 3, imd. effective.