Pennsylvania Statutes Title 47 P.S. Liquor § 4-494. Penalties

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(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.

1  47 P.S. § 4-493(1), (10), (14), (16), (21).
2  35 P.S. § 780-101 et seq.

Cite this article: FindLaw.com - Pennsylvania Statutes Title 47 P.S. Liquor § 4-494. Penalties - last updated January 01, 2019 | https://codes.findlaw.com/pa/title-47-ps-liquor/pa-st-sect-47-4-494/


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard