reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter B - EXTENSION OF LICENSES › Section 7.22 - Application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To obtain Board
				  approval, an application for extension of license describing the additional
				  premises shall be filed with the Board.
(b) A fee of $220 shall accompany an
				  application for extension of license, and a physical inspection of the premises
				  will be made whenever deemed necessary by the Board.
(c) An applicant for extension of premises
				  shall post, for a period of at least 30 days beginning with the day the
				  application is filed with the Board, in a conspicuous place on the outside of
				  the licensed premises, a notice of application in a form, and size and
				  containing provisions the Board requires concerning the requested extension.
				  Proof of the posting of the notice shall be filed with the Board.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter B - EXTENSION OF LICENSES › Section 7.23 - Approval

Current through Register Vol. 54, No. 28, July 13, 2024
The additional premises for which it is desired to extend a
					 license shall be completely equipped for the carrying on of the type of
					 business permitted under the license, but no sales of liquor or malt or brewed
					 beverages, storage or similar activity may take place in the additional
					 premises until approval has been given by the Board. Where the extension of
					 premises involves physical alterations or new construction, the Board may grant
					 prior approval for the extension, as similarly provided in section 403(a) of
					 the Liquor Code (47 P. S. §
											4-403(a)). The application
					 for extension of license shall be accompanied by a written request for
					 consideration, together with floor plans as set forth in §
										7.8 (relating to floor plans)
					 clearly showing the premises as it will be after the alterations or
					 construction are completed. If the additional premises the applicant intends to
					 license has not been constructed at the time the application is filed with the
					 Board, a site plan shall be submitted as set forth in §
										7.9 (relating to site plans).
					 Approval may be in the form of a new license, giving the additional address or
					 a letter authorizing the use of additional premises. In the case of
					 distributors and importing distributors of malt or brewed beverages, no sales
					 of malt or brewed beverages may be made in a warehouse except that in which the
					 office or principal place of business of the licensee is
					 maintained.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter B - EXTENSION OF LICENSES › Section 7.24 - Refusal

Current through Register Vol. 54, No. 28, July 13, 2024
The Board may, in its discretion, refuse to extend a
					 license issued. In all these cases the filing fee will be retained by the
					 Board.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter B - EXTENSION OF LICENSES › Section 7.25 - Temporary extension of licensed premises

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board has discretion to approve a
				  temporary extension of a licensed premises upon filing of an application
				  accompanied by appropriate plans or surveys setting forth the metes and bounds,
				  the names of abutting streets and a plotting of the proximity of the principal
				  licensed premises.
(b) The
				  application must describe the entire scope of business to be conducted at the
				  temporarily extended licensed premises and include the specific dates and hours
				  business will be conducted.
(c) A
				  nonrefundable fee of $220 must accompany an application for temporary extension
				  of licensed premises.
(d) The
				  additional premises for which it is desired to temporarily extend a license
				  shall be completely equipped for the carrying on of the type of business
				  permitted under the license, but sales or storage of liquor or malt or brewed
				  beverages may not take place in the temporarily extended premises until
				  approval has been given by the Board.
(e) Approval may be in the form of a new
				  license, giving the additional address/location or a letter authorizing the use
				  of the additional temporary premises extension. Board approval or letter of
				  authorization shall be maintained on the temporarily extended licensed
				  premises.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter C - SURRENDER OF LICENSES › Section 7.31 - Surrender of licenses in certain cases

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensee whose licensed establishment
				  is not in operation for 15-consecutive days shall return his license and, if a
				  liquor licensee, his Wholesale Purchase Permit Cards, to the Board not later
				  than the expiration of the 15-day period. The return of the license and card
				  will not invalidate the license, which will be held in safekeeping for the
				  benefit of the licensee and be available for his use when operations are
				  resumed at the licensed premises, or for transfer.
(b) If the license is returned because the
				  licensee no longer has a lease for the licensed premises, or removes therefrom,
				  or is dispossessed by legal process, the license will be invalidated as to the
				  premises for which issued but will not be invalidated generally nor cancelled,
				  and will be held in safekeeping for the benefit of the licensee for transfer
				  only.
(c) If the license and
				  Wholesale Liquor Purchase Permit Cards are not surrendered and returned
				  voluntarily by the licensee, authorized representatives of the Board will lift
				  and return the license and card to the Board.
(d) A license surrendered to the Board, or a
				  renewal thereof in possession of the Board, will not be held for the benefit of
				  the licensee for a period exceeding 3 years from the date of surrender, or with
				  regard to club licenses, for a period exceeding 2 years from the date of
				  surrender, except as set forth in this section. Unless an application for
				  transfer or request for reissue of the license from safekeeping is pending,
				  failure of the licensee to reactivate the license and resume operation of the
				  licensed business or to effect a transfer of the license within the 3-year or
				  2-year period shall result in revocation of the license. The Board will extend
				  the period for an additional year if, at the end of the 3-year period, the
				  licensed premises are unavailable due to fire, flood or other similar natural
				  disaster. The safekeeping period for licenses other than club licenses may also
				  be extended by the Board for successive 1 year periods upon a licensee's
				  written request and payment of the fee, as provided in section 474.1 of the
				  Liquor Code (47 P. S. §
											4-474.1),
				  unless the license or licensee no longer meets the requirements of the Liquor
				  Code or this title.
(e) To have a
				  license reissued from safekeeping:
(1) An
				  application for return of license shall be filed by the licensee.
(2) A fee of $50 shall accompany the
				  application for return of license.
(3) When a background investigation is
				  conducted to obtain or verify information regarding a reissuance of license
				  from safekeeping, an additional fee of $100, for a total fee of $150, will be
				  assessed.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter C - SURRENDER OF LICENSES › Section 7.32 - Surrender of licenses for cancellation or transfer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual, partnership, association
				  or corporation may not hold more than one retail license of the same type to
				  cover the same establishment.
(b) A
				  retail licensee will not be granted a new retail license to cover an
				  establishment for which he already holds a retail license of a different type.
				  When an application for a new retail license of a different type is approved,
				  the license then in effect in the name of the applicant for that establishment
				  shall be surrendered to the Board for safekeeping.
(c) Except as provided by section 461(f) of
				  the Liquor Code (47 P. S. §
											4-461(f)), when an
				  application for transfer of a retail license of a different type to premises
				  already licensed is approved, the license then in effect in the name of the
				  applicant for that establishment shall be surrendered to the Board before the
				  issuance of the transferred license in the name of the applicant. In this case,
				  the license surrendered to the Board, or a renewal thereof in possession of the
				  Board, will be held available for the benefit of the licensee solely for
				  transfer for up to 3 years from the date of surrender. When a transfer is not
				  effected within the 3-year period, the license will automatically be cancelled
				  with no refund of the license fee, or a portion thereof, unless the safekeeping
				  period has been extended as set forth in section 474.1 of the Liquor Code
				  (47
				  P. S. §
											4-474.1). A transfer application
				  pending at the expiration of the 3-year period may be processed to
				  conclusion.
The provisions of this §
												7.32 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 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter C - SURRENDER OF LICENSES › Section 7.33 - Sheriff's sale of a liquor license

Current through Register Vol. 54, No. 28, July 13, 2024
When a license is subject to a writ of execution the
					 following apply:
(1) Any writ of
				  execution must identify the liquor license by type and number, and may be filed
				  in any county where jurisdiction would be appropriate. The Board may not be
				  listed as garnishee. Notification to the Board upon the filing of a writ of
				  execution is not required.
(2)
				  Sheriff's seizure of the original license is not required. Licenses seized must
				  be sent to the Bureau of Licensing for safekeeping within 15 days of seizure.
				  If the debtor satisfies the judgment prior to sale, the sheriff may return the
				  original license to the named licensee.
(3) Licenses may not be transferred without
				  Board approval. Purchase at a sheriff's sale is not a transfer of the license
				  but instead, only grants to purchaser the right to apply for the transfer of
				  the license. Prospective purchases of a license are subject to the following
				  conditions:
(i) Any sale of a license is
				  subject to approval by the Board. Renewal and transfer applications may be
				  obtained from the Bureau of Licensing.
(ii) The Board's Bureau of Licensing will be
				  provided with the purchaser's current address immediately upon
				  purchase.
(iii) A license
				  validation or renewal application must be filed 60 days prior to the expiration
				  date of the license. See section 470 of the Liquor Code (47 P. S. §
												4-470). If filed later than that date, or
				  within 2 years after the expiration, a late filing fee will be assessed for the
				  renewal application.
(iv) It shall
				  be the purchaser's responsibility to review all letters from the Board and to
				  take all necessary steps to validate, renew or transfer the license in a timely
				  manner.
(v) Licenses not renewed
				  within 2 years after expiration will cease to exist and will not be
				  reactivated.
(vi) Transfer,
				  validation or renewal of the license will not be approved without tax clearance
				  certificates from the Departments of Revenue and Labor and Industry for both
				  the previous license holder and the purchaser. See section 477 of the Liquor
				  Code (47 P. S. §
												4-477).
(vii) Any pending citations issued against
				  the license shall be satisfied prior to transfer.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter D - EXCHANGE OF LICENSES › DISTRIBUTOR AND IMPORTING DISTRIBUTOR LICENSES › Section 7.41 - Applications and bonds

Current through Register Vol. 54, No. 28, July 13, 2024
An application for the exchange of Distributor or
						Importing Distributor Licenses shall be filed on a form furnished by the Board
						and will be considered by the Board only at the times indicated in §
											7.42 (relating to effective
						dates).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter D - EXCHANGE OF LICENSES › DISTRIBUTOR AND IMPORTING DISTRIBUTOR LICENSES › Section 7.42 - Effective dates

Current through Register Vol. 54, No. 28, July 13, 2024
Distributor and Importing Distributor Licenses issued in
						exchange will become effective either at the beginning of each license period
						or at 6-month intervals, depending upon the date the application is filed. An
						application for exchange of license shall be filed with the Board at least 30
						days prior to the effective date of the license period or, thereafter, 30 days
						prior to each 6-month interval to be considered and
						processed.
This section cited in 40 Pa. Code §
													7.41 (relating to
						  applications).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter D - EXCHANGE OF LICENSES › DISTRIBUTOR AND IMPORTING DISTRIBUTOR LICENSES › Section 7.43 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When an
					 application for the exchange of a Distributor License for an Importing
					 Distributor License is filed for a full license year, it shall be accompanied
					 by a license fee, and a renewal filing fee as required for a malt beverage
					 Importing Distributor by section 614-A of The Administrative Code of 1929
					 (71
					 P. S. §
												240.14), and the applicable
					 vehicle emblem fee, if any.
(b)
					 When an application for the exchange of a Distributor License for an Importing
					 Distributor License is filed for the last 6 months of a license year, it shall
					 be accompanied by a filing fee, and one-half the license fee required for a
					 malt beverage Distributor License by section 614-A of The Administrative Code
					 of 1929, and the applicable vehicle emblem fee, if any.
(c) When an application for the exchange of
					 an Importing Distributor License for a Distributor License is filed for a full
					 license year, it shall be accompanied by a license fee and a renewal filing fee
					 as required for a malt beverage Distributor License by section 614-A of The
					 Administrative Code of 1929, and the applicable vehicle emblem fee, if
					 any.
(d) When an application for
					 the exchange of an Importing Distributor License for a Distributor License is
					 filed for the last 6 months of a license year, it shall be accompanied by a
					 filing fee as required for a malt beverage Distributor License by section 614-A
					 of The Administrative Code of 1929, and the applicable vehicle emblem fee, if
					 any. In this type of exchange, a refund equal to one-half the difference
					 between the Distributor and Importing Distributor License Fees required by
					 section 614-A of The Administrative Code of 1929, will be granted to the
					 licensee upon approval by the Board of the exchange and the claim for refund.
					 The refund shall be requested by the licensee on standard forms furnished by
					 the Board.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter F - INTERMUNICIPAL TRANSFER OF RETAIL LICENSES › Section 7.61 - Criteria for intermunicipal transfer of retail licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Restaurant, eating place retail dispenser
				  and club licenses may be transferred from one municipality to another
				  municipality within the same county, without approval from the receiving
				  municipality, if both of the following apply:
(1) The number of existing licenses in the
				  receiving municipality does not equal or exceed 1 license per 3,000 inhabitants
				  as determined at the date of filing of the application.
(2) The applicant submits the appropriate
				  license application and associated fees to the Bureau of Licensing.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter F - INTERMUNICIPAL TRANSFER OF RETAIL LICENSES › Section 7.63 - Municipal standing before the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The receiving municipality may file a
				  protest against the approval of an intermunicipal transfer of a license into
				  its municipality and such municipality shall have standing in a hearing to
				  present testimony in support of or against the transfer of a license.
(b) If the Board receives a protest from the
				  receiving municipality, the Board may refuse an application for an
				  intermunicipal transfer of a license.
(c) A protest must be filed within the time
				  allowed by §
										17.13 (relating to
				  protests/intervention procedure).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter F - INTERMUNICIPAL TRANSFER OF RETAIL LICENSES › Section 7.64 - Appeal of Board decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  receiving municipality may file an appeal of the Board decision granting the
				  license, within 20 days of the date of the Board's decision, to the court of
				  common pleas in the county in which the proposed licensed premises is
				  located.
(b) The applicant may file
				  an appeal of the Board's decision denying the license, within 20 days of the
				  date of the Board's decision, to the court of common pleas in the county in
				  which the proposed licensed premises is located.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter F - INTERMUNICIPAL TRANSFER OF RETAIL LICENSES › Section 7.65 - Subsequent transfers

Current through Register Vol. 54, No. 28, July 13, 2024
Licenses transferred from one municipality to another may
					 not be transferred out of the receiving municipality for 5 years from the date
					 of operation in the receiving municipality.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter A - TRANSPORTATION OF LIQUOR, MALT OR BREWED BEVERAGES, OR ALCOHOL › GENERAL PROVISIONS › Section 9.1 - 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:
General parcel consignment
-The
						commercial transportation of packages or parcels of not more than 50 pounds per
						parcel where each package is a separate and distinct shipment.
Liquor parcel
-A package containing not
						more than the number of units of liquor in a standard case packaging
						configuration as approved by the Board.
Transporter-for-Hire License, Class A
-A
						license authorizing the holder to engage in the commercial transportation of
						liquor, malt or brewed beverages or alcohol to or from points located in this
						Commonwealth.
Transporter-for-Hire License, Class B
-A
						license authorizing the holder to engage in the commercial transportation of
						malt or brewed beverages only, to or from points located in this
						Commonwealth.
Transporter-for-Hire License, Class C
-A
						fleet license authorizing the holder to engage in the commercial transportation
						of liquor parcels within this Commonwealth.
Vehicles
-Trucks, buses, cars, wagons,
						scooters, motorcycles, aircraft, watercraft or other means of
						transportation.
The provisions of this §
													9.1 issued under sections 207(i)
						  and 505.2(2) and (3) of the Liquor Code (47 P.S.
						  §§
														2-207(i) and
						  5-505.2(2) and
						  (3)).
This section cited in 40 Pa. Code §
													5.407 (relating to delivery of
						  products).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter A - TRANSPORTATION OF LIQUOR, MALT OR BREWED BEVERAGES, OR ALCOHOL › VEHICLES › Section 9.11 - Transportation for hire

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
					 as exempted in subsection (b), a person who transports liquor, malt or brewed
					 beverages or alcohol for hire within this commonwealth shall obtain a
					 Transporter-for-Hire License, Class A, a Transporter-for-Hire License, Class B
					 or a Transporter-for-Hire License, Class C, from the Board.
(b) Liquor, malt or brewed beverages or
					 alcohol, may be transported for hire without a Transporter-for-Hire License
					 under the following conditions:
(1) If the
					 alcohol in question is "denatured," as specified in the Liquor Code.
(2) If transportation is accomplished by
					 scheduled common air carriers of mail and passengers; or by common carriers by
					 railroad, subject to regulation by the Pennsylvania Public Utility Commission;
					 or by transporters-for-hire who transport liquor, malt or brewed beverages or
					 alcohol, under contract with, and as agents of, common carriers by railroad,
					 under railroad tariffs, railroad bills of lading, railroad regulations and
					 railroad responsibility and direction, provided the main transportation of the
					 liquor, malt or brewed beverages or alcohol, is by rail and the agents perform
					 only a collection and delivery service as part of the rail transportation, and
					 further provided that certified copies of the contracts of the agents are filed
					 with the Board.
(3) If the liquor,
					 malt or brewed beverages, or alcohol in question are for the personal use of,
					 and not for resale by, the transporter.
(4) If transportation is by licensees of the
					 Board whose licenses or permits authorize the transportation of liquor, malt or
					 brewed beverages or alcohol in the regular operation of their licensed
					 business.
(5) If transportation is
					 by persons who transport liquor, malt or brewed beverages or alcohol, through
					 this Commonwealth commercially and not for delivery therein:
(i) The operator of the vehicle shall have in
					 his possession at all times while in this Commonwealth, an invoice and a bill
					 of lading or waybill (showing the brand name, size and number of containers of
					 liquor, malt or brewed beverages or alcohol so transported), which shall be
					 produced for inspection upon the request of an authorized police or enforcement
					 officer of this Commonwealth.
(ii)
					 The cargo must remain intact and upon the same vehicle or conveyance while in
					 this Commonwealth, unless prevented by an accident or other similarly
					 uncontrollable circumstance.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter A - TRANSPORTATION OF LIQUOR, MALT OR BREWED BEVERAGES, OR ALCOHOL › VEHICLES › Section 9.12 - Applications for transporter-for-hire licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Transporter-for-Hire License,
					 Class A
. An application for a Transporter-for-Hire License, Class A,
					 shall be filed on forms furnished by the Board and shall be accompanied by
					 application and license fees in accordance with section 614-A of The
					 Administrative Code of 1929 (71 P. S. §
												240.14A). The license will be issued for the
					 calendar year and the license fee will be prorated quarterly, in accordance
					 with section 508 of the Liquor Code (47 P. S. §
												5-508).
(b)
Transporter-for-Hire License,
					 Class B
. An application for a Transporter-for-Hire License, Class B,
					 shall be accompanied by application and license fees in accordance with section
					 614-A of The Administrative Code of 1929. The licenses will be issued for the
					 calendar year.
(c)
Transporter-for-Hire License, Class C
. An application for
					 Transporter-for-Hire License, Class C, shall be accompanied by application and
					 license fees in accordance with section 614-A of The Administrative Code of
					 1929. The license will be issued for the calendar year. To secure this license,
					 the applicant shall demonstrate that he maintains a fleet of vehicles primarily
					 engaged in general parcel consignment, servicing all points within this
					 Commonwealth and shall demonstrate that he can transport liquor from points in
					 this Commonwealth to Board facilities, from Pennsylvania licensed limited
					 winery locations to limited winery customers and from distilleries of
					 historical significance to distillery customers.
The provisions of this §
													9.12 issued under sections 207(i)
						  and 505.2(2) and (3) of the Liquor Code (47 P. S.
						  §§
														2-207(i) and
						  505.2(2) and
						  (3)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter A - TRANSPORTATION OF LIQUOR, MALT OR BREWED BEVERAGES, OR ALCOHOL › VEHICLES › Section 9.13 - Records and reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Records
. A holder of a transporter-for-hire license shall
					 maintain and keep, in hard copy or electronic media consistent with generally
					 accepted accounting procedures, for a period of at least 2 years, complete and
					 accurate daily records of transactions conducted under the authority of the
					 license under section 512 of the Liquor Code (47 P. S. §
												5.512). Records shall be subject to
					 inspection by authorized representatives of the Board and the Pennsylvania
					 State Police, Bureau of Liquor Control Enforcement, under sections 211 and 513
					 of the Liquor Code (47 P. S. §§
												2-211
					 and 5-513). A recordkeeping
					 system utilized by the licensee shall have the capability to provide for the
					 reconciling of required data. Entries shall be verifiable by supporting
					 documentation-original documents. Records shall be clearly identifiable to the
					 licensed operation.
(b)
Federal and State Government reports and forms
. Copies of
					 reports or forms, required by Federal or State governmental agencies related to
					 the licensed operation shall be maintained for a period of 2 years unless
					 required to be maintained for a longer period by the Federal or State agencies.
					 The reports or forms shall also be open to inspection by authorized
					 representatives of the Board and the State Police, Bureau of Liquor Control
					 Enforcement and shall constitute a satisfactory record if they contain the
					 information required in subsection (a).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter A - TRANSPORTATION OF LIQUOR, MALT OR BREWED BEVERAGES, OR ALCOHOL › VEHICLES › Section 9.21 - Identification of cargo

Current through Register Vol. 54, No. 28, July 13, 2024
While transporting alcoholic beverages, all
						Transporter-for-Hire Licensees shall maintain in each vehicle documentation
						indicating the name and address of the consignee and the name and address of
						the consignor for alcoholic beverages being transported. The documentation
						shall be available for inspection by the Board at all times.
The provisions of this §
													9.21 issued under sections 207(i)
						  and 505.2(2) and (3) of the Liquor Code (47 P. S.
						  §§
														2-207(i) and
						  505.2(2) and
						  (3)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter A - TRANSPORTATION OF LIQUOR, MALT OR BREWED BEVERAGES, OR ALCOHOL › VEHICLES › Section 9.22 - Identification of vehicles

Current through Register Vol. 54, No. 28, July 13, 2024
Licensees of the Board whose licenses authorize the
						transportation of liquor, malt or brewed beverages, or alcohol in the regular
						operation of their licensed businesses shall display on each side of each
						vehicle used in the operation of the business their name, address, including
						the street name and number as shown on the license, and the license number as
						shown on the license in letters no smaller than 2 inches in height. The license
						identification number must be preceded by the letters
						"P.L.C.B."
The provisions of this §
													9.22 issued under sections 207(i)
						  and 505.2(2) and (3) of the Liquor Code (47 P.S.
						  §§
														2-207(i) and
						  5-505.2(2) and (3)); amended
						  under section 207(i) of the Liquor Code (47 P.S. §
														2-207(i)).
This section cited in 40 Pa. Code §
													5.407 (relating to delivery of
						  products); and 40 Pa. Code §
													9.28 (relating to use of
						  vehicles).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter A - TRANSPORTATION OF LIQUOR, MALT OR BREWED BEVERAGES, OR ALCOHOL › VEHICLES › Section 9.23 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter A - TRANSPORTATION OF LIQUOR, MALT OR BREWED BEVERAGES, OR ALCOHOL › VEHICLES › Section 9.24 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter A - TRANSPORTATION OF LIQUOR, MALT OR BREWED BEVERAGES, OR ALCOHOL › VEHICLES › Section 9.25 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter A - TRANSPORTATION OF LIQUOR, MALT OR BREWED BEVERAGES, OR ALCOHOL › VEHICLES › Section 9.26 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter A - TRANSPORTATION OF LIQUOR, MALT OR BREWED BEVERAGES, OR ALCOHOL › VEHICLES › Section 9.27 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter A - TRANSPORTATION OF LIQUOR, MALT OR BREWED BEVERAGES, OR ALCOHOL › VEHICLES › Section 9.28 - Use of vehicles

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 licensee engaged in the purchase or sale of liquor, malt or brewed beverages,
					 or alcohol may not use or permit to be used vehicles other than the ones
					 identified for use in operation of its licensed business for the transportation
					 of liquor, malt or brewed beverages, or alcohol. Subject to the limitations of
					 their respective licenses, transporter-for-hire licensees may transport liquor,
					 malt or brewed beverages or alcohol in vehicles owned or leased by the
					 transporter-for-hire licensees and operated by drivers employed by the
					 transporter-for-hire licensees or operated by drivers employed by unlicensed
					 transporters who are under contract with the transporter-for-hire
					 licensees.
(b) Persons who have
					 contracted with and are performing transportation services of alcoholic
					 beverages for the transporter-for-hire licensees are considered agents of the
					 transporters-for-hire for purposes of section 471 of the Liquor Code
					 (47
					 P. S. §
												4-471).
(c) A licensee may not sell, lease or permit
					 the use by another of a vehicle identified for use in operation of its licensed
					 business without first obscuring or defacing the identification displayed on
					 the vehicle.
The provisions of this §
													9.28 issued under sections 207(i)
						  and 505.2(2) and (3) of the Liquor Code (47 P. S.
						  §§
														2-207(i) and
						  5-505.2(2) and
						  (3)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter A - TRANSPORTATION OF LIQUOR, MALT OR BREWED BEVERAGES, OR ALCOHOL › VEHICLES › Section 9.29 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter A - TRANSPORTATION OF LIQUOR, MALT OR BREWED BEVERAGES, OR ALCOHOL › VEHICLES › Section 9.30 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter B - IMPORTATION OF LIQUOR › Section 9.31 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter is supplemental to the provisions of
					 section 410 of the Liquor Code (47 P. S. §
											4-410), and is intended to expedite the more
					 efficient administration thereof.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter B - IMPORTATION OF LIQUOR › Section 9.32 - Bottling, fortification, blending and the like

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided in this subchapter, liquor
					 imported into or purchased within this Commonwealth, and sold by the holder of
					 an Importer License, shall be in the original container in which it was
					 received by the importer, and as capped, corked and labeled by the
					 manufacturer. The liquors, imported or purchased within this Commonwealth, may
					 not be reduced, repackaged, fortified, blended, rectified or compounded by the
					 importer unless he also holds a Manufacturer License. The holder of an Importer
					 License may have liquor imported or purchased by him in this Commonwealth in
					 bulk, bottled for him by the holder of a Manufacturer License. The bulk liquor
					 shall be bottled straight or reduced in proof only, and may not be fortified,
					 blended, rectified or compounded.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter B - IMPORTATION OF LIQUOR › Section 9.33 - Importation by distilleries

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  distillery holding a Manufacturer License may not import liquor from outside
				  this Commonwealth nor purchase liquor from a resident manufacturer unless the
				  distiller also holds an Importer License. When both licenses are held, liquor
				  may be imported or purchased from a Commonwealth manufacturer, in bulk, to be
				  used in the manufacture, rectification, blending and reduction in proof for
				  straight bottling. Liquors which have been rebottled, as well as rectified and
				  manufactured products, may be sold to the Board, exported to other states, or
				  sold to the holder of an Importer License within this Commonwealth. The
				  importation or purchase of liquor shall be for the sole use and benefit of the
				  holder of the Manufacturer License, and the liquor so imported or purchased may
				  not be resold in its original state.
(b) Commonwealth manufacturers holding
				  Importer Licenses may purchase liquor in bulk from other manufacturers in this
				  Commonwealth in accordance with the procedure in subsection (c).
(c) Bulk sales will be permitted only in
				  quantities of 50 gallons or more for each sale. Manufacturers desiring to
				  purchase liquor in bulk shall place their orders with the Purchasing Division
				  of the Board. An order shall include the following:
(1) The name and address of the
				  manufacturer.
(2) The name and
				  address of the person or firm to which the order is directed.
(3) A description of the liquor
				  desired.
(4) The manner in which
				  the liquor is to be packed, including the size and number of
				  containers.
(5) The manner in which
				  the liquor is to be shipped, including the name of the carrier. If the carrier
				  is a trucking company, it shall hold a valid transporter-for-hire license
				  issued by the Board.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter B - IMPORTATION OF LIQUOR › Section 9.34 - Records to be maintained by importers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The holder of an Importer License shall
				  maintain and keep on the licensed premises, for a period of 2 years, complete
				  and accurate daily records in hard copy or electronic media consistent with
				  generally accepted accounting procedures, of transactions conducted under the
				  authority of the license under section 493(12) of the Liquor Code
				  (47
				  P. S. §
											4-493(12)).
				  These records shall be open to inspection by authorized representatives of the
				  Board and the State Police, Bureau of Liquor Control Enforcement, under
				  sections 211 and 493(21) of the Liquor Code (47 P. S. §§
											2-211 and
				  4-493(21)). A recordkeeping
				  system utilized by the licensee shall have the capability to provide for the
				  reconciling of required data. Entries shall be verifiable by supporting
				  documentation-original documents. Records shall be clearly identifiable to the
				  licensed operation and shall include the date of purchase, the name and address
				  of the person from whom purchased and the kind and quantity of liquor
				  purchased. The holder shall further specify whether the liquor was purchased in
				  bulk and bottled in this Commonwealth, the name and address of the manufacturer
				  therein that bottled the bulk liquor, the kind and quantity thereof so
				  purchased and bottled, the date of sale, the name and address of the person to
				  whom sold and the kind, quantity and price of the liquor sold.
(b) Records shall also be maintained for all
				  liquor withdrawn from stock. The records shall show the date of withdrawal,
				  quantity withdrawn, and the purpose for which used.
(c) Copies of reports and forms required by
				  Federal or State governmental agencies related to the licensed operations shall
				  be maintained for a period of 2 years unless required to be maintained for a
				  longer period by the Federal or State agencies. The reports or forms shall also
				  be open to inspection by authorized representatives of the Board and the State
				  Police, Bureau of Liquor Control Enforcement, and shall constitute a
				  satisfactory record if they contain the information required in subsections (a)
				  and (b).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter B - IMPORTATION OF LIQUOR › Section 9.36 - Right of the Board to inspection

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The Board may inspect purchases made under this subchapter.
(b) The Board may also inspect records
				  covering transactions under this subchapter.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter C - IMPORTATION OF LIQUOR ON BEHALF OF RESIDENTS IN CERTAIN CASES › TYPES OF IMPORTATIONS › Section 9.41 - Gift liquor

Current through Register Vol. 54, No. 28, July 13, 2024
Liquor given to persons residing in this Commonwealth by
						nonresidents may, in the discretion of the Board, be imported into this
						Commonwealth, in the manner provided in this subchapter.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter C - IMPORTATION OF LIQUOR ON BEHALF OF RESIDENTS IN CERTAIN CASES › TYPES OF IMPORTATIONS › Section 9.42 - Liquor dividends

Current through Register Vol. 54, No. 28, July 13, 2024
A liquor dividend to stockholders of a distillery located
						outside of this Commonwealth may, in the discretion of the Board be imported
						into this Commonwealth for stockholders who are residents of this Commonwealth
						in the manner provided in this subchapter.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter C - IMPORTATION OF LIQUOR ON BEHALF OF RESIDENTS IN CERTAIN CASES › TYPES OF IMPORTATIONS › Section 9.43 - Liquor alloted to stockholders of distillery under purchase privilege plan

Current through Register Vol. 54, No. 28, July 13, 2024
Liquor alloted to stockholders of a distillery located
						outside the Commonwealth under a purchase privilege plan, may, in the
						discretion of the Board, if the liquor is not stocked in State Liquor Stores,
						be imported into this Commonwealth for resident stockholders, in the manner
						provided in this subchapter.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter C - IMPORTATION OF LIQUOR ON BEHALF OF RESIDENTS IN CERTAIN CASES › TYPES OF IMPORTATIONS › Section 9.44 - Heirs and legatees

Current through Register Vol. 54, No. 28, July 13, 2024
Liquor owned and possessed outside this Commonwealth by a
						resident or a nonresident decedent passing to a resident by will or intestacy
						may, in the discretion of the Board, be imported into this Commonwealth for the
						beneficiary in the manner provided in this subchapter.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter C - IMPORTATION OF LIQUOR ON BEHALF OF RESIDENTS IN CERTAIN CASES › TYPES OF IMPORTATIONS › Section 9.45 - Liquor purchased prior to January 1, 1934

Current through Register Vol. 54, No. 28, July 13, 2024
Liquor purchased outside this Commonwealth prior to
						January 1, 1934 by residents for purposes other than resale may, in the
						discretion of the Board, be imported into this Commonwealth for such residents
						in the manner provided in this subchapter.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter C - IMPORTATION OF LIQUOR ON BEHALF OF RESIDENTS IN CERTAIN CASES › TYPES OF IMPORTATIONS › Section 9.46 - New residents of the Commonwealth

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the establishment of residence in this Commonwealth,
						liquor owned and possessed by the persons in their foreign residence for
						personal use may, in the discretion of the Board, be imported into this
						Commonwealth for the residents in the manner provided in this
						subchapter.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter C - IMPORTATION OF LIQUOR ON BEHALF OF RESIDENTS IN CERTAIN CASES › TYPES OF IMPORTATIONS › Section 9.47 - Confiscated liquor for hospitals

Current through Register Vol. 54, No. 28, July 13, 2024
Hospitals desirous of obtaining confiscated liquor
						offered by Federal authorities or granted to them by the courts of the
						Commonwealth shall make written application to the Board for permission to
						import the liquor if located outside of this Commonwealth. Written application
						shall include the number and size of bottles, the brand of liquor, the address
						of the Federal supply service office and the Federal transfer
						number.
This section cited in 40 Pa. Code §
													9.51 (relating to application);
						  and 40 Pa. Code §
													9.52 (relating to service
						  charge).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter C - IMPORTATION OF LIQUOR ON BEHALF OF RESIDENTS IN CERTAIN CASES › APPLICATION, SERVICE CHARGE, CONSENT AND RELEASE OF LIQUOR › Section 9.51 - Application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A resident of
					 this Commonwealth desiring to obtain liquor outside this Commonwealth shall
					 file an application with the Board, except as otherwise provided in §
											9.47 or §§
											9.61-9.64 (relating to confiscated
					 liquor for hospitals; and importation under purchase privilege plan). The
					 application shall include all of the following:
(1) The name and address of the
					 applicant.
(2) The name and address
					 of persons or firm from whom the liquor is to be received.
(3) Whether the liquor is a gift, dividend,
					 bequest or purchase. A description of the liquor, including the brand name and
					 size and number of bottles.
(4) The
					 name and address of the transporter. Where the transporter is a trucking
					 company, the transporter shall hold a valid Transporter-for-Hire
					 License.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter C - IMPORTATION OF LIQUOR ON BEHALF OF RESIDENTS IN CERTAIN CASES › APPLICATION, SERVICE CHARGE, CONSENT AND RELEASE OF LIQUOR › Section 9.52 - Service charge

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 applicant, except a hospital applying under §
											9.47 (relating to confiscated
					 liquor for hospitals), shall, at the time of filing the application, pay to the
					 Board a service charge at the rate of 25¢ per gallon or fraction
					 thereof.
(b) Service charges
					 authorized under this section shall be paid in cash, money order, certified or
					 cashier's check, and will be paid by the Board into the State Stores
					 Fund.