reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › WINE › Section 13.27 - Board participation in wine events

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 215(e) of the Liquor Code
					 (47
					 P. S. §
												2-215(e))
					 authorizes the Board to sponsor or participate in wine events. A "wine event"
					 is a show, demonstration, exposition or festival that has a purpose of
					 educating consumers about wine that is available in this
					 Commonwealth.
(b) Persons seeking
					 Board sponsorship or participation in a wine event shall submit a request in
					 writing to the Board at least 60 days prior to the first day of the wine
					 event.
(c) If the Board decides to
					 sponsor or participate in the wine event, it will issue a letter of authority
					 to the event organizer. The Board's letter will describe the premises upon
					 which the wine event will be held.
(d) If the Board decides not to sponsor or
					 participate in the wine event, the Board's decision is final, and may not be
					 appealed.
(e) Wine to be used in a
					 wine event that the Board sponsors or participates in may be acquired and
					 possessed in accordance with the following:
(1) Wine donated for the wine event may be
					 shipped directly to the wine event organizer or its agents.
(2) Records showing the amount, types and
					 brands of all wine received, the identity of the donors and the dates received
					 and documents evidencing payment of all necessary taxes shall be forwarded to
					 the Board prior to the wine event.
(3) Wine obtained for the wine event that is
					 not used at the wine event shall be returned to the donor, donated to a
					 nonprofit, charitable organization registered with the Department of State or
					 destroyed and may not be sold.
(4)
					 Wine may also be obtained for the wine event through the Board's wine and
					 spirits stores.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › ADVERTISING OF BRAND NAMES › Section 13.41 - Malt or brewed beverages

Current through Register Vol. 54, No. 28, July 13, 2024
Manufacturers and importing distributors of malt or
						brewed beverages may include the names and addresses of all distributors and
						importing distributors to whom they sell in the locality covered by the
						advertising. No discrimination may be shown to one distributor or importing
						distributor over another, and where more than one distributor or importing
						distributor purchases the products from the manufacturer or importing
						distributor in the area covered by the advertisement, the names and addresses
						of all who purchase the product directly from the advertiser shall be displayed
						or mentioned in equal prominence. Where this is not done, none may be displayed
						or mentioned.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › ADVERTISING OF BRAND NAMES › Section 13.42 - Window and doorway display

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 licensee may install or permit to be installed any electrically operated signs
					 or devices, lithographs, framed pictures, cardboard displays, statuettes,
					 plaques, placards, streamers or similar items advertising brand names and
					 intended for window and doorway display on the licensed premises.
(b) Advertising may not exceed 600 square
					 inches in display area. When the advertising material is of maximum size, no
					 background material may be used. When installing signs of smaller size, the
					 combined area of the sign and background or decoration may not exceed the
					 maximum area of 600 square inches.
This section cited in 40 Pa. Code §
													13.43 (relating to interior
						  display).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › ADVERTISING OF BRAND NAMES › Section 13.43 - Interior display

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensee
					 may install or permit to be installed electrically operated signs or devices,
					 lithographs, framed pictures, cardboard displays, statuettes, plaques,
					 placards, streamers or similar items advertising brand names and intended for
					 interior display on the licensed premises.
(b) When the point-of-sale material, as
					 described in subsection (a), is of maximum value as set by the Board, no
					 background material may be used in conjunction with the installation.
(c) Signs or displays intended for use
					 interchangeable in a window, doorway or in the interior must meet the
					 requirements for both maximum area, as provided in §
											13.42 (relating to window and
					 doorway display) and maximum value as set by the Board.
The provisions of this §
													13.43 amended under section 207(i)
						  of the Liquor Code (47 P. S. §
														2-207(i)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › GIVING AND ACCEPTING THINGS OF VALUE › Section 13.52 - Advertising novelties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
					 section 493(24) of the Liquor Code (47 P. S. §
												4-493(24)), advertising
					 novelties of nominal value may be distributed by manufacturers or any class of
					 licensee to trade or consumer buyers. Advertising novelties include matches,
					 disposable lighters, bottle or can openers, caps, tee shirts, recipe pamphlets,
					 pens, corkscrews and ashtrays, which bear advertising matter.
(b) Advertising novelties may not contain
					 obscene or pornographic matter or references.
(c) Nominal value, as used in this
					 subsection, means an amount not to exceed a monetary limit established and
					 disseminated by the Board. Advertising novelties provided by manufacturers or
					 any class of licensee may not be used as equipment by any hotel, restaurant,
					 club, retail dispenser, importing distributor or distributor licensee.
					 Notwithstanding any other provisions of this section, licensees may sell
					 glasses at not less than cost and provide metal keg connectors and tap knobs to
					 other licensees and to holders of special occasion permits. Manufacturers or
					 importers may furnish, give, rent, loan or sell wine lists or menus to retail
					 licensees. The wine lists/menus may involve cooperative endeavors related to
					 cost sharing and advertisement between manufacturers/importers and retail
					 licensees. Wine lists/menus for on-premises use may contain preprinted
					 prices.
(d) Advertising
					 banners/signs for exterior use are considered advertising novelties if the
					 banners/signs conspicuously advertise the alcoholic beverage products sold by
					 the licensee or the name of the manufacturer of alcoholic beverage products
					 sold by the licensee. Exterior advertising banners/signs must comply with
					 section 498 of the Liquor Code (47 P. S. §
												4-498).
(e) Advertising banners/signs that are used
					 for interior display are not subject to the advertising novelty cost limit, but
					 are subject to the point of sale advertising cost limit as set by the Board in
					 its Advisory Notice No. 10 (as amended).
(f) Licensees of any class may sell
					 promotional items advertising their own business only, such as tee shirts,
					 mugs, caps and other similar items, to the general public.
This section cited in 40 Pa. Code §
													13.51 (relating to general
						  prohibition).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › GIVING AND ACCEPTING THINGS OF VALUE › Section 13.53 - Bar spending/free drinks

Current through Register Vol. 54, No. 28, July 13, 2024
Representatives of manufacturers and licensees may give
						or purchase an alcoholic beverage for consumers in retail licensed premises
						provided the giving of the alcoholic beverage is not contingent upon the
						purchase of any other alcoholic beverage and is limited to one standard-sized
						alcoholic beverage per patron in any offering. A standard-sized alcoholic
						beverage is 12 fluid ounces of a malt or brewed beverage, 4 fluid ounces of
						wine (including fortified wine) and 1 1/2 fluid ounces of
						liquor.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › GIVING AND ACCEPTING THINGS OF VALUE › Section 13.54 - Point of sale (POS) incentive programs-defined

Current through Register Vol. 54, No. 28, July 13, 2024
A POS incentive program provides prizes for nonlicensed
						buyers to purchase and for distributors/importing distributors to promote the
						sale of a brand of malt or brewed beverages. These promotions feature displays
						or advertisements at the location where a sale is made.
The provisions of this §
													13.54 issued under section 207(i)
						  of the Liquor Code (47 P. S. §
														2-207(i)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › GIVING AND ACCEPTING THINGS OF VALUE › Section 13.56 - Permissable point of sale (POS) incentive programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A POS incentive program must be sponsored
					 by a manufacturer or importing distributor of malt or brewed
					 beverages.
(b) The composite value
					 of prizes available to nonlicensed buyers shall be at least three times the
					 value of prizes available to distributors/importing distributors.
(c) Associated display and novelty items must
					 be directed at and available for nonlicensed buyers.
(d) A prize may not be given to every
					 participant.
(e) The value of a
					 prize for a nonlicensed buyer may not exceed $1,500.
(f) The POS incentive program may not
					 incorporate a payment to licensees based on the number of cases
					 displayed.
(g) The POS incentive
					 program shall be approved in advance by the Office of Chief Counsel,
					 Pennsylvania Liquor Control Board.
The provisions of this §
													13.56 issued under section 207(i)
						  of the Liquor Code (47 P. S. §
														2-207(i)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › MISCELLANEOUS PROVISIONS › Section 13.61 - Labeling and advertising of wine and distilled spirits

Current through Register Vol. 54, No. 28, July 13, 2024
Federal Regulation No. 4, as amended, relating to
						labeling and advertising of wine, and Federal Regulation No. 5, as amended,
						relating to labeling and advertising of distilled spirits, are applicable to
						the traffic in wine and distilled spirits within this
						Commonwealth.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › MISCELLANEOUS PROVISIONS › Section 13.62 - Distribution of price lists, circulars or handbills

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subsection (b), no
					 licensee may distribute, by mail, personally, or through servants, agents or
					 employes, price lists, circulars or handbills off the licensed premises to the
					 general public as a means of advertising liquor, wine, or malt or brewed
					 beverages.
(b) Distributors,
					 importing distributors, manufacturers of malt or brewed beverages, or licensed
					 vendors selling liquors to the Board and holding a Manufacturer, Importer or
					 Limited Winery License or vendor's permit may notify licensed purchasers by
					 mail, personally, or through servants, agents, or employes, of the sales price
					 of malt or brewed beverages or liquors, or may furnish descriptive brochures,
					 pamphlets or items of a similar nature, to licensed purchasers. The rough copy
					 and layouts for all proposed direct mail advertising shall be submitted before
					 use to the Board for approval. Further, Limited Winery Licensees may notify
					 prospective purchasers other than licensees by mail, personally, or through
					 servants, agents, or employes, of the sales price of wines, or may furnish
					 descriptive brochures, pamphlets or other items of similar nature, to such
					 other prospec tive purchasers provided that such other prospective purchasers
					 have requested in writing to be placed on the mailing list of Limited Winery
					 Licensees.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter B - MARKETING BY VENDORS AND AGENTS; SPECIAL ORDERS; LUXURY ITEM ORDERS; SAMPLES AND UNLAWFUL ACTS › Section 13.71 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
Agent
-An individual employed by a licensed
					 vendor, to promote the sale of liquor through State Liquor Stores. A person who
					 is a licensee or the holder of a Malt or Brewed Beverage License, or an
					 officer, director, agent or employee of either a licensee or such a licensee,
					 or who is not at least 21 years of age, and of good character, is not eligible
					 to be an agent of a vendor under this subchapter.
Licensed vendor
-A licensee holding a
					 Manufacturer or Importer License, or a vendor's permit, and selling liquors to
					 the Board.
Licensee
-A natural person, partnership,
					 association or corporation holding a Hotel, Restaurant, Club or Public Service
					 Liquor License issued by the Board.
Luxury items
-Stock merchandise which,
					 based upon their short supply or high demand, have been designated as such by
					 the Board. Sales of luxury items may be initiated at a State Liquor Store or by
					 a vendor or its agent on behalf of a licensee or other person.
Miniature
-A container containing less than
					 6 ounces of a liquor, as prepared for the market.
Other persons
-Nonlicensee individuals,
					 such as private citizens.
Special order listing
-The formal filing
					 with the Board, on its prescribed form, of information the Board requires as to
					 brand, age, proof, type, blend, cost, and the like, of liquors to be sold
					 through the Special Liquor Order Division. The listing does not become
					 effective until approved by the Board or its authorized representative.
Stock merchandise
-Liquors which are
					 obtainable at a State Liquor Store, without placing a special liquor
					 order.
Vendor's permit
-A permit issued to a
					 nonresident vendor under section 208(j) of the Liquor Code (47 P. S. §
											2-208(j)). An application
					 for the permit shall be filed with the Board accompanied by proper fees in
					 accordance with section 614-A of The Administrative Code of 1929 (71 P. S. §
											240.14A). A permit will be issued for the
					 calendar year only.
This section cited in 40 Pa. Code §
												11.231 (relating to general
						provisions); 40 Pa. Code §
												11.238 (relating to permit
						holders); and 40 Pa. Code §
												11.239 (relating to special order
						listings).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter B - MARKETING BY VENDORS AND AGENTS; SPECIAL ORDERS; LUXURY ITEM ORDERS; SAMPLES AND UNLAWFUL ACTS › Section 13.73 - Privileges of vendors' agents

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Agents may advertise and promote the sale of stock merchandise by "missionary
				  work" of only those brands sold to the Board by the vendor by whom the agents
				  are employed.
(b) Agents may
				  solicit orders from retail purchasers for stock merchandise or gift
				  certificates for the merchandise.
(c) Agents may solicit from licensees or
				  other persons, orders for those brands of liquor which have been listed with
				  the Special Liquor Purchase Division by the vendors by whom the agents are
				  employed. Special orders obtained by vendors' agents shall be filed with one of
				  the State Liquor Stores as required in this subchapter.
(d) Agents may solicit from licensees or
				  other persons, orders for those brands of liquor which have been designated by
				  the Board as luxury items. Orders for luxury items obtained by vendors' agents
				  shall be filed with one of the State Liquor Stores as required in this
				  subchapter.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter B - MARKETING BY VENDORS AND AGENTS; SPECIAL ORDERS; LUXURY ITEM ORDERS; SAMPLES AND UNLAWFUL ACTS › Section 13.76 - Special order listings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is
				  the intent of this section that vendors shall not compete on special order with
				  items sold to the Board as stock merchandise.
(b) No brand of liquor will be accepted for
				  special order listing unless such brand conforms with the requirements of the
				  Board for listing as stock merchandise.
(c) All listings of liquor, except wine,
				  shall be limited to case quantities, containing not less than 240 fluid ounces
				  unless specially authorized by the Board. Listings of wines and liquors in
				  quarts will not be accepted if 4/5 quarts of the same brand are sold as stock
				  merchandise. Listings in 4/5 quarts will not be accepted if the same brand is
				  sold in quarts as stock merchandise. Other listings will be at the discretion
				  of the Board.
(d) If a vendor has a
				  brand of liquor, except wine, listed as stock merchandise, the Board will not
				  accept for listing by him any other brand of the same class, unless the cost to
				  the Board is at least $3.00 per case more than the cost of the brand listed as
				  stock merchandise, except where specially authorized.
(e) Change of proof or age will not be
				  considered as a different class except when such change in proof or age causes
				  a change in class under Federal law or regulations.
(f) If a vendor has a brand of liquor except
				  wine, listed as stock merchandise and stocked in the State Liquor Stores in two
				  or more bottle sizes, he may not list the same brand in an additional bottle
				  size on special order under this section unless specially authorized by the
				  Board.
(g) If a vendor has any
				  stock listed brand of United States wine selling at the lowest price, the Board
				  will not accept from him for special liquor order listing another brand of the
				  same type that would sell for the same or a lower price.
(h) No listing of combination cases or
				  assortments containing whiskies or dry gins will be accepted by the Board. No
				  listing will be effective, nor shall prices be quoted, nor orders solicited,
				  until such listing has been approved by the Board and the selling prices
				  formally released in writing to the vendor. The cost prices upon which such
				  selling prices are based will not become effective until the selling prices are
				  released.
(i) The Board reserves
				  the right to cancel any special order listing at any time or list any brands of
				  liquor as stock merchandise.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter B - MARKETING BY VENDORS AND AGENTS; SPECIAL ORDERS; LUXURY ITEM ORDERS; SAMPLES AND UNLAWFUL ACTS › Section 13.78 - Special and luxury item orders: requirements and conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Orders obtained
				  in accordance with this subchapter and presented by licensed vendors or their
				  agents to State Liquor Stores for licensees shall be filled at the established
				  wholesale case prices prescribed by the Board for sales to licensees. The
				  wholesale prices apply only when the retail value of the order equals or
				  exceeds the minimum retail value established by the Board.
(b) Orders presented at State Liquor Stores
				  by agents on behalf of persons other than licensees, such as individuals, or
				  orders presented by individual customers themselves, shall be at the
				  established retail special liquor order or luxury item prices. No order may be
				  taken for less than two bottles.
(c) A licensed vendor or the vendor's agents
				  may not obtain an order from either a licensee or other person unless there is
				  obtained at the same time a sum not less than the amount required by the Board
				  for deposit on special order sales under the Liquor Code. State Liquor Stores
				  may, at the time of receiving the order or releasing the liquor to the
				  purchaser, accept the checks of licensees in payment.
(d) A licensed vendor or the vendor's agent
				  may not extend credit to a licensee or any other person.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter B - MARKETING BY VENDORS AND AGENTS; SPECIAL ORDERS; LUXURY ITEM ORDERS; SAMPLES AND UNLAWFUL ACTS › Section 13.79 - Special orders and luxury item orders: restrictions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Licensed vendors and their agents shall
				  place special orders for liquor at State Liquor Stores.
(b) Except by special permission of the
				  Board, special order merchandise may not be delivered to a State Liquor Store
				  until the licensed vendor has received from the Board a formal purchase order
				  calling for the delivery of the liquor. Each case of liquor so delivered shall
				  have clearly marked thereon, in addition to the information required by Federal
				  or State regulations, the purchase order number, the store order number, the
				  brand and size, the code number as called for in the purchase order, and other
				  information the Board may prescribe.
(c) Liquor sold to licensees will be released
				  only at the State Liquor Store, to the licensee or the licensee's agent as
				  named on the Wholesale Purchase Permit Card of the licensee.
(d) Special orders placed by a licensed
				  vendor or the vendor's agent for a retail customer may be released by the State
				  Liquor Store.
(e) Licensed vendors
				  and their agents shall place luxury item orders for liquor at State Liquor
				  Stores.
(f) Except by special
				  permission of the Board, luxury item order merchandise may not be delivered to
				  a State Liquor Store until the licensed vendor has received from the Board a
				  formal purchase order calling for the delivery of the liquor. Each case of
				  liquor so delivered shall have clearly marked thereon, in addition to the
				  information required by Federal or State regulations, the purchase order
				  number, the store order number, the brand and size, the code number as called
				  for in the purchase order, and other information the Board may
				  prescribe.
(g) Liquor sold to
				  licensees will be released only at the State Liquor Store, to the licensee or
				  the licensee's agent as named on the Wholesale Purchase Permit Card of the
				  licensee.
(h) Luxury item orders
				  placed by a retail customer, a licensed vendor or the vendor's agent for a
				  retail customer, may be released by the State Liquor Store.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter B - MARKETING BY VENDORS AND AGENTS; SPECIAL ORDERS; LUXURY ITEM ORDERS; SAMPLES AND UNLAWFUL ACTS › Section 13.81 - Promotion with licensees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
				  agent of a licensed vendor may use up to one case of each product of liquor
				  sold by the licensed vendor to promote that product to licensees, as that term
				  is defined in
				  13.71 (relating to definitions),
				  during any calendar month. The product shall be purchased only through the
				  Board, at a State Liquor Store, if the product is available for purchase at a
				  State Liquor Store, or through the Board's special liquor order purchase
				  process, if the product or desired bottle size is not available for purchase at
				  a State Liquor Store, at the retail price plus any required taxes. The licensed
				  vendor (or the licensed vendor's authorized supervisor) shall be permitted to
				  purchase and distribute the product to agents under the licensed vendor's
				  supervision.
(b) .
(b.1) For promotion with licensees, agents
				  shall only use product to give tastings, as provided in
				  13.211 (relating to tasting
				  events). Agents may not leave any bottle of product with a licensee, whether
				  opened or unopened.
(c) The agent
				  shall affix to each bottle, before promoting the product with a licensee, a
				  separate label, or lettering on the commercial label, at least 1/4 inch high,
				  reading: "For tastings only. Not to be sold. Possession of this bottle by
				  licensee unlawful."
(d) Each
				  licensed vendor shall keep, in hard copy or electronic media consistent with
				  generally accepted accounting procedures, for a period of at least 2 years, a
				  record of all bottles purchased, the names of the agents to whom samples were
				  issued, and the quantity and products.
The provisions of this §
												13.81 amended under sections
						207(i) and 208(j) of the Liquor Code (47 P.S. §§
													2-207(i) and
						2-208(j))
This section cited in 40 Pa. Code §
												13.223 (relating to procurement of
						wine or spirits or both).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter B - MARKETING BY VENDORS AND AGENTS; SPECIAL ORDERS; LUXURY ITEM ORDERS; SAMPLES AND UNLAWFUL ACTS › Section 13.82 - Unsolicited special liquor orders

Current through Register Vol. 54, No. 28, July 13, 2024
Nothing in this subchapter applies to unsolicited special
					 liquor orders under the Liquor Code except the deposit required and the minimum
					 case quantity.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter B - MARKETING BY VENDORS AND AGENTS; SPECIAL ORDERS; LUXURY ITEM ORDERS; SAMPLES AND UNLAWFUL ACTS › Section 13.83 - Stock merchandise request forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Agents engaged in promoting the sale of
				  stock merchandise may use a stock merchandise request form to assure the
				  availability of any merchandise requested by licensees in full case lots.
				  Licensed vendors may obtain supplies of this form from the Bureau of Logistics
				  of the Board at a cost set by the Board to cover the cost of each order book
				  and postage.
(b) Completed forms
				  shall be directed to the State Liquor Store from which the licensee desires to
				  purchase such merchandise. Only requests for full cases received at the store
				  by mail or delivered to the store by a retail licensee will be accepted.
				  Licensed vendors or their agents may not personally deliver such requests to a
				  State Store.
(c) Vendors or their
				  agents may not accept cash deposits on stock merchandise requests.
(d) The use of stock merchandise request
				  forms is restricted to promotional work with retail licensees.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter B - MARKETING BY VENDORS AND AGENTS; SPECIAL ORDERS; LUXURY ITEM ORDERS; SAMPLES AND UNLAWFUL ACTS › Section 13.84 - Authorization for agents to purchase for retail customers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Registered agents of vendors, by using
				  stock merchandise request forms, may purchase stock merchandise, or gift
				  certificates for stock merchandise, for retail customers.
(b) Where a retail customer has signed the
				  form, it may be presented by the agent to any State Liquor Store as
				  authorization for the purchase of either stock merchandise or gift certificates
				  for the quantity and brand specified, for such customer.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter B - MARKETING BY VENDORS AND AGENTS; SPECIAL ORDERS; LUXURY ITEM ORDERS; SAMPLES AND UNLAWFUL ACTS › Section 13.85 - Unlawful acts

Current through Register Vol. 54, No. 28, July 13, 2024
Pursuant to sections 491(14) and 493(22) and (23) of the
					 Liquor Code (47 P. S. §§
											4-491(14) and
					 4-493(22) and (23)), the
					 following are prohibited:
(1) To
				  grant, allow, pay or rebate any cash, merchandise, or other thing of value to
				  licensees, their servants, agents, or employes, including the purchase of
				  merchandise at retail for delivery to a licensee; to grant, allow or pay
				  anything of value to a licensee, their servants, agents, or employes, for the
				  privilege of advertising display; to purchase drinks "for the house" to induce
				  the sale of merchandise.
(2) To
				  visit State Liquor Stores or warehouses or directly or indirectly contact store
				  or warehouse employes for the purpose of promoting the sales of merchandise
				  except where the Board has formally approved such visits for the accomplishment
				  of authorized merchandising programs.
(3) To attempt to solicit or induce Board
				  personnel to promote the sale of particular brands.
(4) To attempt to procure information as to
				  the merchandise inventories of State Stores except that, in those instances
				  where the Board has formally approved vendor merchandising programs, inventory
				  information as to the specific products involved in such merchandising programs
				  may be obtained.
(5) To furnish
				  entertainment or offer gratuities to Board personnel.
(6) To grant, allow, or pay money or other
				  thing of substantial value to licensees, their servants, agents, or employes,
				  or induce the sale of merchandise.
(7) To represent expressly or by implication
				  connection with any department of the State Government.
(8) To repurchase, replace, or exchange any
				  liquors purchased by licensees or other persons from State Stores. Defective
				  liquors will be replaced only by the store from which such liquors were
				  purchased, in accordance with Board procedure.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter B - MARKETING BY VENDORS AND AGENTS; SPECIAL ORDERS; LUXURY ITEM ORDERS; SAMPLES AND UNLAWFUL ACTS › Section 13.86 - Agency provisions

Current through Register Vol. 54, No. 28, July 13, 2024
Licensed vendors and their agents shall, except as
					 otherwise restricted in this title, be considered the agents of the persons
					 from whom they obtain special liquor orders or luxury item orders. Neither the
					 Commonwealth nor the Board will be responsible for the proper disposition of
					 moneys collected from a licensee or other person by a licensed vendor or his
					 agents, and under no circumstances will the Commonwealth or the Board be
					 responsible for actions of a licensed vendor or his agents.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter B - MARKETING BY VENDORS AND AGENTS; SPECIAL ORDERS; LUXURY ITEM ORDERS; SAMPLES AND UNLAWFUL ACTS › Section 13.87 - Records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every licensed
				  vendor shall maintain and keep complete records of all operations in this
				  Commonwealth for 2 years, which shall be open to inspection by authorized
				  representatives of the Board during normal business hours. These records must
				  include salaries or commissions of all agents and other employees working in
				  this Commonwealth, expenses of the employees supported by detailed vouchers,
				  all promotional and advertising expenditures, special order sales, luxury item
				  sales and stock merchandise requests.
(b) The agents of vendors operating in this
				  Commonwealth shall maintain complete records covering their operations in this
				  Commonwealth. The records must also be open to inspection by authorized
				  representatives of the Board during normal business hours.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter B - MARKETING BY VENDORS AND AGENTS; SPECIAL ORDERS; LUXURY ITEM ORDERS; SAMPLES AND UNLAWFUL ACTS › Section 13.88 - Presumption of liability of vendor

Current through Register Vol. 54, No. 28, July 13, 2024
In the absence of persuasive evidence to the contrary, it
					 will be presumed that any representative of a vendor who violates this
					 subchapter acts with the consent and knowledge of such vendor, or employer.
					 Penalties will be fixed accordingly on agent, vendor or employer, or
					 both.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter B - MARKETING BY VENDORS AND AGENTS; SPECIAL ORDERS; LUXURY ITEM ORDERS; SAMPLES AND UNLAWFUL ACTS › Section 13.89 - Penalties

Current through Register Vol. 54, No. 28, July 13, 2024
Upon learning of any violation of this subchapter or of any
					 other provisions of this part, or of any laws of the Commonwealth relating to
					 liquor, malt or brewed beverages, or alcohol, by any licensed vendor, or
					 registered or unregistered agent or upon any other sufficient cause shown, the
					 Board may, within one year from the date of such violation or cause appearing,
					 cite such licensed vendor or registered agent, or both, to appear before it or
					 its examiner not less than ten nor more than 15 days from the date of sending
					 such person by registered mail, a notice addressed to the vendor or the
					 registered agent, or both, at the address filed with the Board, to show cause
					 why the license, permit, or registrations should not be suspended or revoked.
					 Upon such hearing, the Board may suspend or revoke such licenses, permits, or
					 registrations and shall notify the licensed vendor or registered agent by
					 registered mail. Any licensed vendor or registered agent whose license, permit,
					 or registration has been revoked shall be ineligible to hold any license,
					 permit, or registration relating to liquor, malt or brewed beverages, or
					 alcohol, until the expiration of 3 years from the date of revocation. The
					 action of the Board will be final.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter C - SOLICITATION FOR THE PURCHASE OF ALCOHOLIC BEVERAGES › Section 13.101 - Prohibition against solicitation and enticement

Current through Register Vol. 54, No. 28, July 13, 2024
No licensee, servant, agent or employe thereof, may permit
					 a person on the licensed premises to directly solicit or entice another person
					 for the purpose of the purchase of food, beverages, merchandise, service or
					 another item or thing stored, possessed, served, sold, exposed for sale or
					 dispensed on the licensed premises or contiguous or adjacent premises or
					 premises operated in connection therewith.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter C - SOLICITATION FOR THE PURCHASE OF ALCOHOLIC BEVERAGES › Section 13.102 - Discount pricing practices

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Retail licensees may discount the price of alcoholic
				  beverages for not more than 4 consecutive or nonconsecutive hours in a day and
				  not more than 14 hours in a week. Retail licensees may not engage in discount
				  pricing practices between 12 midnight and the legal closing hour. Retail
				  licensees shall post on the licensed premises notice of happy hours. The notice
				  shall be posted so that it is readily visible to the public. The notice shall
				  be posted no less than 7 days prior to the happy hour. Retail licensees may not
				  engage in the following discount pricing practices unless specifically excepted
				  in subsection (b):
(1) The sale or serving, or
				  both, of more than one drink of liquor, wine, or malt or brewed beverages at
				  any one time to any one person, for the price of one drink.
(2) The sale or serving, or both, of an
				  increased volume of one drink of liquor, wine, or malt or brewed beverages
				  without a corresponding and proportionate increase in the price for the
				  drink.
(3) The sale or serving, or
				  both, of an unlimited or indefinite amount of liquor, wine, or malt or brewed
				  beverages for a set price.
(4) The
				  pricing of alcoholic beverages in a manner which permits the price to change
				  within a happy hour period.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter D - TASTING EVENTS › GENERAL PROVISIONS › Section 13.201 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
In-store tasting events
-Tasting/tasting
						events held upon the premises of a State Liquor Store.
Sponsor
-A sponsor of a tasting event may
						be any licensed vendor, importer, distributor, importing distributor or
						manufacturer or its agent or employee who is 21 years of age or older.
Standard size alcoholic beverage
-A
						standard size alcoholic beverage is 12 fluid ounces of a malt or brewed
						beverage, 4 fluid ounces of wine (including fortified wine) or 1 1/2 fluid
						ounces of spirits.
Tasting/tasting events
-A presentation of
						alcoholic products to the public for the purpose of market research,
						disseminating product information and education of the public as to quality and
						availability.
The provisions of this §
													13.201 amended under section
						  207(i) of the Liquor Code (47 P. S. §
														2-207(i)).
This section cited in 40 Pa. Code §
													3.93 (relating to
						  breweries).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter D - TASTING EVENTS › TASTING EVENTS › Section 13.211 - Tasting events

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Tastings may
					 be conducted by sponsors upon licensed or unlicensed premises.
(b) Sponsors conducting a tasting event shall
					 adhere to the following requirements:
(1)
					 Products used shall be legally procured and properly registered and taxes on
					 the products shall be paid.
(2)
					 Purchase requirements may not be associated with the tasting.
(3) Products offered will not exceed a
					 standard size alcoholic beverage for that product. For example, if wine is
					 offered, each glass of each wine offered to a participant will not exceed 4
					 ounces in volume. A tasting event comparing a brand of Chardonnay from
					 California to a brand of Chardonnay from France would allow the participant to
					 receive one 4-ounce glass of each Chardonnay.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter D - TASTING EVENTS › IN-STORE TASTING EVENTS › Section 13.221 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Sponsors may conduct an in-store tasting event at the discretion of the
					 Board.
(b) Only one sponsor may
					 conduct an in-store tasting event at any one store at any one time unless
					 otherwise approved by the Board.
(c) Sponsors shall observe all State and
					 Federal laws and regulations governing liquor and wine during in-store tasting
					 events.
(d) The Board may conduct
					 its own in-store tasting event with or without the participation of a
					 sponsor.
The provisions of this §
													13.221 amended under section
						  207(i) of the Liquor Code (47 P.S. §
														2-207(i)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter D - TASTING EVENTS › IN-STORE TASTING EVENTS › Section 13.222 - Prior approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Sponsors shall obtain approval from the Board to conduct an in-store tasting
					 event prior to the date of the proposed event.
(b) Prior to the in-store tasting event,
					 sponsors may be required to demonstrate evidence of liability insurance in an
					 amount to be determined by the Board and sign and submit a Pennsylvania Liquor
					 Control Board Indemnity Against Liability form to the Board.
(c) Prior to the in-store tasting event,
					 sponsors shall provide the Board with a list of products to be tasted by
					 consumers.
(d) The Board will
					 determine the time, date, and location of the in-store tasting event and will
					 notify the sponsor of same.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter D - TASTING EVENTS › IN-STORE TASTING EVENTS › Section 13.223 - Procurement of wine or spirits, or both

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Wine or spirits used during the in-store
					 tasting events shall be procured by the sponsor in accordance with the sampling
					 process as specified in §
											13.81 (relating to samples of
					 liquor), by purchase from the Board or the sponsor may provide and transport
					 the wine and spirits from its own stock.
(b) A maximum of four products per sponsor
					 per in-store tasting event may be made available for tasting by
					 consumers.
(c) Wine and spirits
					 used during an in-store tasting event shall be dispensed from original
					 containers prepared by the manufacturer with labels visible to the
					 consumer.
The provisions of this §
													13.223 amended under section
						  207(i) of the Liquor Code (47 P.S. §
														2-207(i)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter D - TASTING EVENTS › IN-STORE TASTING EVENTS › Section 13.224 - Duration of in-store tasting events

Current through Register Vol. 54, No. 28, July 13, 2024
The duration of an in-store tasting event is limited to a
						maximum of 2 consecutive hours.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter D - TASTING EVENTS › IN-STORE TASTING EVENTS › Section 13.225 - Tastings per consumer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the
					 case of wine, only 1 ounce may be served to any one consumer for each product
					 tasted. A consumer may not be furnished more than 4 ounces of wine.
(b) In the case of spirits, only 1/4 ounce
					 may be served to any one consumer for each product tasted. A consumer may not
					 be furnished more than 1 ounce of spirits.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter D - TASTING EVENTS › IN-STORE TASTING EVENTS › Section 13.226 - Food, supplies and equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 sponsor is responsible for providing all supplies and equipment associated with
					 an in-store tasting event subject to Board approval, including dump buckets,
					 water glassses, tasting containers and tables.
(b) The sponsor shall provide food, such as
					 cheese and crackers, for consumption by consumers during the in-store tasting
					 event.
(c) The sponsor shall be in
					 compliance with applicable municipal health codes.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter D - TASTING EVENTS › IN-STORE TASTING EVENTS › Section 13.227 - Participation by Board employees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Board employees may pour, dispense or serve tastings to the public.
(b) Board employees may give general
					 information, such as sponsor, time and date, regarding the in-store tasting
					 event to the public.
(c) On-duty
					 employees of the State Liquor Store where the in-store tasting event is being
					 conducted may not consume beverage alcohol.
The provisions of this §
													13.227 amended under section
						  207(i) of the Liquor Code (47 P.S. §
														2-207(i)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter D - TASTING EVENTS › IN-STORE TASTING EVENTS › Section 13.228 - Disposal and storage of partially-used liquor and empty containers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the
					 conclusion of the in-store tasting event, sponsors shall either discard unused
					 portions of opened liquor containers at the State Liquor Store or may reseal
					 the partially-consumed liquor containers. The resealed partially-used
					 containers shall be placed in storage at the store for use at a subsequent
					 store tasting or may be removed from the premises. No partially-consumed liquor
					 containers may be placed in storage at a store for more than 15 days. After 15
					 days, partially-used containers of liquor may be discarded by the
					 Board.
(b) Sponsors shall dispose
					 of all empty liquor containers in accordance with section 4-491(5) of the
					 Liquor Code (47 P. S. §
												4-491(5))
(c) Resealed partially-used containers may
					 not be furnished to employees of the Board or any other person and may only be
					 used for a subsequent in-store tasting.
The provisions of this §
													13.228 amended under section
						  207(i) of the Liquor Code (47 P. S. §
														2-207(i)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter D - TASTING EVENTS › IN-STORE TASTING EVENTS › Section 13.229 - Advertising

Current through Register Vol. 54, No. 28, July 13, 2024
Advertising of the in-store tasting event by the sponsor
						is subject to prior Board approval.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter E - SAMPLES › Section 13.231 - Samples for unlicensed consumers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Samples may be provided by manufacturers or their representatives, licensed
				  distributors and importing distributors only to unlicensed consumers.
(b) Samples shall be in unopened containers
				  of the smallest commercially available size.
(c) Providing samples may not be conditioned
				  upon any purchase requirement.
(d)
				  Samples may not be opened or consumed on State Liquor Store premises or
				  distributor or importing distributor licensed premises.
(e) Samples are limited to one container per
				  patron in any offering.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter A - GENERAL PROVISIONS › Section 15.1 - Scope of chapter

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
				  governs the practice and procedure before the OALJ within the Board.
(b) This chapter supplements 1 Pa. Code Part
				  II (relating to general rules of administrative practice and
				  procedure).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter A - GENERAL PROVISIONS › Section 15.2 - Liberal construction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
				  chapter will be liberally construed to secure just, speedy and inexpensive
				  determination of issues presented.
(b) This section supplements 1 Pa. Code
				  §
										31.2 (relating to liberal
				  construction).