Section 4-408.12 - Wine and spirits auction permits(a) Upon application of:(1) any nonprofit hospital;(2) any nonprofit public television station which is a member of the Pennsylvania Public Television Network;(3) any orchestra located in a county of the first, second or third class which is operated by a nonprofit corporation;(4) any museum located in a county of the first, second, third or fourth class which is operated by a nonprofit corporation;(5) any nonprofit corporation located in any county of the third class which trains and places dogs for people who are physically handicapped;(6) any nationally recognized community-based voluntary health organization committed to fighting cancer which has been in existence for at least ninety years;(7) any nationally recognized emergency response organization that offers humanitarian care to victims of war or natural disaster and has been in existence for at least one hundred twenty-five years;(8) any nationally recognized organization whose purpose is to serve as an agent to collect funds for local charities, as well as to coordinate relief services, counsel and refer clients to cooperating agencies and make emergency assistance grants and has been in existence for at least one hundred twenty years;(9) any hospice as defined under section 802.1 of the act of July 19, 1979 ( P.L. 130, No.48), known as the "Health Care Facilities Act"; (10) institution of higher education;(11) any nationally recognized community-based health organization committed to funding Type 1 Diabetes research; or(12) any nationally recognized community-based voluntary health organization committed to fighting cancer which has been in existence for at least 20 years; (13) Any nonprofit organization as defined in section 501 (c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514) 26 U.S.C. 501 (c)(3) and that is registered with the Pennsylvania Bureau of Corporations and Charitable Organizations of the Department of State, recognized as a community-based voluntary organization committed to fighting cancer and has been in existence for at least five years; or(14) Any community-based voluntary health organization in a county of the second class which enriches the lives of children and young adults with disabilities and chronic illnesses; and upon payment of a fee of thirty dollars ($30) per day, the board shall issue a wine and spirits auction permit good for a period of not more than four consecutive or nonconsecutive days per calendar year.(b) Subject to clause (1) of section 493 of this act, such wine and spirits auction permit shall authorize the permittee to sell, by auction, wine and spirits by the bottle or case to any person on any day for which the permit is issued, provided, however, that such permit shall only be issued in any city, borough, incorporated town or township in which the sale of liquor and/or malt or brewed beverages has been approved by the electorate. Any wine and spirits purchased under this section shall not be consumed at the place of purchase.(c) The wine and spirits auction permit shall only be valid for the number of days stated in the permit.(d) Wine and spirits auction permits shall only be issued for use at an event which is used by the permittee as a means of raising funds for its operation.(e) The hours during which the holder of a wine and spirits auction permit may sell wine and spirits shall be limited to the hours set forth in section 406 of this act which are applicable to hotel and restaurant licensees, provided, however, that wine and spirits auction permittees may sell wine and spirits on Sunday between the hours of seven o'clock antemeridian and until two o'clock antemeridian Monday.(f) Wine and spirits auction permits may be issued for sales on premises which are either licensed or unlicensed under this act.(g) Any wine and spirits sold under this section shall be purchased from a Pennsylvania Liquor Store, a Pennsylvania limited winery, limited distillery or any seller authorized to sell wine or spirits by the bottle or case in this Commonwealth or shall be donated by a person who has legally acquired the wine or spirits and legally possesses it in this Commonwealth. If the donated wine or spirits is from a location outside of this Commonwealth, the wine or spirits may be imported as a gift and subject to the procedures and fees imposed by the board.(h) If any wine or spirits sold under this section is purchased from a seller other than a Pennsylvania Liquor Store or a Pennsylvania limited winery or limited distillery, the permittee shall provide thirty days' notice to the board of its intent to purchase such wine or spirits. The notice shall include a description of the wine or spirits to be purchased, the quantity to be purchased, the name of the seller and any other information which the board may require. The permittee shall comply with all board regulations regarding taxes and fees.(i) If the wine or spirits is purchased from an entity other than the board, the permittee shall be responsible for paying to the board an amount equal to all taxes which would have been paid on such wine or spirits if it had been purchased from a Pennsylvania Liquor Store, together with a processing fee to be determined by the board.(j) As a condition of the permit, the permittee shall not broadcast by way of radio or television or disseminate by print media nor cause the broadcast by way of radio, television or dissemination by the print media of the price of any wine or spirits sold or to be sold under this section.(k) Any person selling wine or spirits in violation of this section shall, upon summary conviction, be sentenced to pay a fine of two hundred fifty dollars ($250) for the first offense and a fine of five hundred dollars ($500) for each subsequent offense. This fine shall be in addition to any other penalty imposed by law for the illegal sale of liquor or malt or brewed beverages.(l) "Auction," as used in this section, shall mean the offer to sell wine and spirits by the permittee to the members of an audience congregated for the purpose of making bids for the purchase of the wine and spirits in an effort by the permittee to advance the amount of the bids to obtain the highest or most favorable offer.Amended by P.L. TBD 2019 No. 116, § 2, eff. 2/25/2020.Amended by P.L. TBD 2019 No. 45, § 2, eff. 8/31/2019.Amended by P.L. TBD 2016 No. 166, § 6, eff. 1/14/2017.Amended by P.L. TBD 2016 No. 39, § 7, eff. 8/7/2016.1951, April 12, P.L. 90, art. IV, § 408.12, added 1994, July 1, P.L. 402, No. 61, § 2, imd. effective. Amended 1998, June 18, P.L. 664, No. 86, § 4, effective in 60 days; 1999, Nov. 10, P.L. 514, No. 47, § 4, imd. effective; 2007, July 16, P.L. 107, No. 34, §3, effective in 60 days [ 9/14/2007].