reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter A - GENERAL PROVISIONS › Section 3.8 - Certificate of completion; certificate of approval: letter of authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon Board
				  approval of an application for new license, transfer of a license or extension
				  of premises, the Board will issue a certificate of approval to the applicant.
				  The Board will also issue a letter of authority which shall authorize the
				  applicant to operate the licensed premises for no more than 30 days. If the
				  application is for an extension of premises, the letter of authority shall be
				  effective immediately. If the application is for a new license, the letter of
				  authority shall be effective when the applicant acquires the right to occupy
				  the premises. If the application is for the transfer of a license, the letter
				  of authority shall be effective upon completion of the underlying financial
				  transaction. Within 15 days of completion of transactions necessary to complete
				  the process, the applicant shall submit a certificate of completion to the
				  Board, indicating that the financial arrangements were completed as reported or
				  modified. The certification shall be on forms provided by the Board. If the
				  application is a transfer application, then the certificate of completion must
				  be signed by the transferor and the transferee. Failure to submit a properly
				  executed certificate of completion may void the approval.
(b) If the certificate of completion
				  discloses modified arrangements, the Board may request information or
				  documentation, as it deems necessary.
(c) If the certified modifications are such
				  that the eligibility of the applicant or premises would not be affected, the
				  Board will take no action against the applicant.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter A - GENERAL PROVISIONS › Section 3.9 - Interests of minors

Current through Register Vol. 54, No. 28, July 13, 2024
An individual under 18 years of age may not have an
					 interest in a license or permit issued by the Board whether as licensee or
					 permittee, partner or stockholder in a corporate licensee, except if the
					 interest is held by a trustee or guardian. Under no circumstances may an
					 individual under 18 years of age be an officer or director of a corporate
					 licensee or permittee.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter B - NOTICE POSTING › Section 3.11 - 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:
Controlling interest
-The power or
					 authority to manage, direct, govern, administer or oversee the operation of a
					 licensed business.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter B - NOTICE POSTING › Section 3.12 - Notice posting generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  purpose of notice posting is to identify to the public that an application has
				  been filed with the Board for a new alcoholic beverage license or a change in
				  location or ownership status of an existing license.
(b) The Board may require notice posting for
				  an application of any class of license when it is determined the posting is in
				  the public interest.
(c) A notice
				  shall be in the size and form the Board requires; no other is acceptable. A
				  notice shall contain only language supplied and required by the
				  Board.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter B - NOTICE POSTING › Section 3.13 - Retail liquor and retail malt and brewed beverage licenses, importing distributor and distributor licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  applicant for a retail liquor license, retail malt and brewed beverage license,
				  importing distributor, distributor license or for the transfer or extension of
				  premises of these licenses, whether person to person, place to place, or both,
				  shall post notice.
(b) Except for
				  nonprofit clubs, retail liquor licensees, retail malt and brewed beverage
				  licensees, importing distributor and distributor licensees, reporting a change
				  in officers, directors or stockholders, which would constitute a change in
				  majority ownership or controlling interest, shall post notice of the change.
				  Except for nonprofit clubs, if a corporate licensee is owned by two persons
				  each of whom owns 50% of the corporation, then any change in ownership shall
				  require posting.
(c) The filing of
				  an application for extension of premises shall be governed by Chapter 7,
				  Subchapter B (relating to extension of licenses).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter B - NOTICE POSTING › Section 3.14 - Applicant responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  applicant is responsible for the posting and maintenance of the notice at all
				  times during which the action is pending.
(b) The notice shall be posted at or near the
				  entrance to the premises in a conspicuous place which can be observed readily
				  by the public. In the case of a vacant lot, posting shall be on a post or stake
				  of permanent material, at the midpoint of the largest boundary fronting on a
				  public thoroughfare at a point not more than 10 feet from the sidewalk, or
				  roadway in the absence of a sidewalk. The notice shall be mounted upon heavy
				  cardboard, wood or other substantial backing affixed to the post or stake so it
				  is readily visible from the sidewalk or roadway.
(c) The notice shall be continuously posted
				  commencing with the date the application is filed with the Board until notice
				  of approval or disapproval is rendered.
(d) An application may be refused by the
				  Board if notice is not posted as required.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter C - MEASUREMENT OF DISTANCES FROM PREMISES › Section 3.21 - Authority of the Board to grant or refuse licenses

Current through Register Vol. 54, No. 28, July 13, 2024
Under sections 404 and 432(d) of the Liquor Code
					 (47
					 P. S. §§
											4-404 and
					 4-432(d)), the Board may, in
					 its discretion, grant or refuse a new Hotel, Restaurant or Club License or
					 transfer where the place proposed to be licensed is within the distances
					 prescribed by the act from the respective locations there named. In so doing,
					 the Board will follow the guidelines set forth in §§
										3.22 and
					 3.23 (relating to method of
					 measurement; and points for measurement).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter C - MEASUREMENT OF DISTANCES FROM PREMISES › Section 3.22 - Method of measurement

Current through Register Vol. 54, No. 28, July 13, 2024
For the purpose of establishing a uniform method of
					 measurement, the following interpretation shall apply:
(1)
Church, hospital, charitable
				  institution, school and public playground.
The building and the
				  adjoining ground used in connection therewith.
(2)
Other premises licensed by the
				  Board.
The portion of the premises covered by the current
				  license.
(3)
Place proposed
				  to be licensed.
The rooms designated in the application for
				  license.
(4)
Radius
. That area within a designated distance of any point of
				  the premises proposed to be licensed.
This section cited in 40 Pa. Code §
												3.21 (relating to authority of the
						Board to grant or refuse licenses).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter C - MEASUREMENT OF DISTANCES FROM PREMISES › Section 3.23 - Points for measurement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For the
				  purpose of establishing uniform points of measurement, the following applies:
(1) The part of the church, hospital,
				  charitable institution, school or public playground (and/or the adjoining
				  ground used in connection therewith), and other premises licensed by the Board
				  nearest to the place proposed to be licensed.
(2) The part of the place proposed to be
				  licensed nearest to the church, hospital, charitable institution, school or
				  public playground (and/or the adjoining ground used in connection therewith),
				  and other premises licensed by the Board.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter D - PHOTOGRAPHS AND CRIMINAL HISTORY RECORD INFORMATION CHECKS › PHOTOGRAPHS › Section 3.31 - Personal photographs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 photograph shall be furnished to the Board's representative by the following:
(1) Individuals; members of partnerships; and
					 principal officers of a corporation applying for Retail Liquor Licenses, Retail
					 Dispenser Malt Beverage Licenses, Distributor Licenses and Importing
					 Distributor Licenses, except Public Service and Club Licenses.
(2) Current managers/stewards and proposed
					 managers/stewards.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter D - PHOTOGRAPHS AND CRIMINAL HISTORY RECORD INFORMATION CHECKS › PHOTOGRAPHS › Section 3.32 - Photographs of premises

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Applications for new Retail Liquor or Retail Dispenser Malt Beverage Licenses
					 and applications for transfer thereof, except Public Service Licenses, shall be
					 accompanied by two photographs of the premises proposed to be
					 licensed.
(b) One photograph shall
					 be a view of the exterior of the building, showing the street number, if
					 any.
(c) One photograph shall be a
					 view of the main serving room.
(d)
					 Applications for new Distributor and Importing Distributor Licenses and
					 applications for transfer thereof shall be accompanied by one photograph each
					 of the exterior of the principal place of business and additional storage
					 warehouses, showing the street number, if any.
(e) Photographs shall:
(1) Be at least 4 by 6 inches in size with a
					 matte finish.
(2)
					 Unmounted.
(3) Bear the name of the
					 applicant and address of the establishment on the reverse.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter D - PHOTOGRAPHS AND CRIMINAL HISTORY RECORD INFORMATION CHECKS › CRIMINAL HISTORY RECORD INFORMATION CHECKS › Section 3.35 - Persons from whom criminal history record information checks are required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
					 shall submit a criminal history record information check to the Board under
					 18 Pa.C.S. §§
												9101-9183 (relating to the Criminal History
					 Record Information Act):
(1) Applicants for a
					 new license.
(2) Applicants for the
					 transfer of a license.
(3) The
					 applicant's officers or directors, or both, where the applicant for a new
					 license or the transfer of a license is a corporation, club, association or
					 other business entity.
(4) Persons
					 identified in a change of officers, directors, or stockholders required to be
					 reported by §
												5.91 (relating to required
					 report).
(5) A person reported to
					 the Board as having been appointed a manager as required by §
												5.23 (relating to appointment of
					 managers).
(6)
					 [Reserved].
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter D - PHOTOGRAPHS AND CRIMINAL HISTORY RECORD INFORMATION CHECKS › CRIMINAL HISTORY RECORD INFORMATION CHECKS › Section 3.36 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 40 Pa. Code §
													3.37 (relating to failure to
						  comply).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter D - PHOTOGRAPHS AND CRIMINAL HISTORY RECORD INFORMATION CHECKS › CRIMINAL HISTORY RECORD INFORMATION CHECKS › Section 3.37 - Failure to comply

Current through Register Vol. 54, No. 28, July 13, 2024
Failure to comply with §
											3.35 (relating to persons from
						whom criminal history record information checks are required) will be
						sufficient cause for refusal to grant, transfer or renew a license or for the
						issuance of a citation to show cause why a license may not be suspended or
						revoked.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter E - HEARINGS › Section 3.41 - Hearings on applications

Current through Register Vol. 54, No. 28, July 13, 2024
In cases where the Board has refused an application for a
					 license, renewal or transfer thereof without hearing, it will, as provided in
					 section 464 of the Liquor Code (47 P. S. §
											4-464), upon the written request of the
					 applicant, fix a time and place for hearing on the applications, provided the
					 request is filed with the Board not later than 20 days after notice of the
					 refusal is mailed to the applicant at the address in the
					 application.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter E - HEARINGS › Section 3.42 - Continuance of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
				  as provided in subsection (b), no continuance of a Board hearing will be
				  approved unless a request for the continuance is received by the Board at least
				  48 hours prior to the time fixed for hearing.
(b) Requests for continuance received by the
				  Board within the 48-hour period will not be granted unless satisfactory
				  arrangement in writing is made with the Board for the payment of expenses
				  resulting from the continuance. The Board may waive the payment of the expenses
				  where extenuating circumstances are deemed present.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter F - PREMISES › Section 3.51 - Connection with residence

Current through Register Vol. 54, No. 28, July 13, 2024
Licensed premises may not have an inside passage or
					 communication to or with a residence other than the residence of the licensee,
					 corporate officer or manager.
This section cited in 40 Pa. Code §
												5.408 (relating to additional
						Board-approved locations).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter F - PREMISES › Section 3.52 - Connection with other business

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  licensee may not permit other persons to operate another business on the
				  licensed premises. If the premises are, in whole or in part, licensed by the
				  Pennsylvania Gaming Control Board, a licensee may allow the holder of a slot
				  machine license, issued by the Pennsylvania Gaming Control Board, to operate on
				  its licensed premises.
(b) Licensed
				  premises may not have an inside passage or communication to or with any
				  business conducted by the licensee or other persons except as approved by the
				  Board.
(c) A licensee may not
				  conduct another business on the licensed premises without Board
				  approval.
The provisions of this §
												3.52 amended under section 207(i)
						of the Liquor Code (47 P.S. §
													2-207(i)).
This section cited in 40 Pa. Code §
												3.122 (relating to points
						assessment); and 40 Pa. Code §
												5.408 (relating to additional
						Board-approved locations).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter F - PREMISES › Section 3.53 - Restriction on storage and sales where Board has approved connection with other business

Current through Register Vol. 54, No. 28, July 13, 2024
Where the Board has approved the operation of another
					 business which has an inside passage or communication to or with the licensed
					 premises, storage and sales of liquor and malt or brewed beverages shall be
					 confined strictly to the premises covered by the license.
This section cited in 40 Pa. Code §
												5.408 (relating to additional
						Board-approved locations).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter F - PREMISES › Section 3.54 - Separation between licensed premises and other business

Current through Register Vol. 54, No. 28, July 13, 2024
Where the Board has approved the operation of another
					 business which has an inside passage or communication to or with the licensed
					 premises, the extent of the licensed area shall be clearly indicated by a
					 permanent partition at least 4 feet in height.
This section cited in 40 Pa. Code §
												5.408 (relating to additional
						Board-approved locations).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter F - PREMISES › Section 3.55 - Restriction on retail dispenser eating place license

Current through Register Vol. 54, No. 28, July 13, 2024
Where the Board has approved the operation of another
					 business which has an inside passage or communication to or with premises
					 covered by a Retail Dispenser Eating Place License, alcohol or liquor may not
					 be stored, kept, possessed or sold on the premises used for such other
					 business.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter F - PREMISES › Section 3.56 - Licensed premises operated in conjunction with other business

Current through Register Vol. 54, No. 28, July 13, 2024
The premises covered by a license shall meet all
					 requirements of the Liquor Code and of this part for the license exclusive of
					 space devoted to other business operated in conjunction
					 therewith.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter G - Reserved › Section 3.62 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												3.62 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)); deleted
						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 3 - LICENSE APPLICATIONS › Subchapter G - Reserved › Section 3.63 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												3.63 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)); deleted
						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 3 - LICENSE APPLICATIONS › Subchapter G - Reserved › Section 3.64 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												3.64 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)); deleted
						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 3 - LICENSE APPLICATIONS › Subchapter H - LICENSED DISTILLERIES OF HISTORICAL SIGNIFICANCE › Section 3.72 - Creation

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 505.3 of the Liquor Code (47 P. S. §
											5-505.3), distilleries of historical
					 significance established more than 100 years prior to January 1, 1975, which
					 hold a license under section 505 of the Liquor Code (47 P. S. §
											5-505) may sell liquor produced on the
					 licensed premises subject to §§
										3.73,
					 5.104,
					 11.211 and
					 11.212 (relating to agents;
					 licensed distilleries of historical significance; sale by licensed distilleries
					 of historical significance; and additional conditions).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter H - LICENSED DISTILLERIES OF HISTORICAL SIGNIFICANCE › Section 3.73 - Agents

Current through Register Vol. 54, No. 28, July 13, 2024
Agents may advertise and promote the sale of merchandise of
					 brands sold by the licensed distillery of historical significance by whom the
					 agents are employed.
This section cited in 40 Pa. Code §
												3.72 (relating to creation); and
						40 Pa. Code §
												11.211 (relating to sale by
						licensed distilleries of historical
						significance).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter J - MALT OR BREWED BEVERAGE MANUFACTURERS › Section 3.91 - Alternate brewers' license

Current through Register Vol. 54, No. 28, July 13, 2024
Records required to be maintained shall be the same as are
					 required by a licensed manufacturer of malt or brewed beverages under §
					 5.101 (relating to breweries).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter J - MALT OR BREWED BEVERAGE MANUFACTURERS › Section 3.92 - Brewery pubs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board will
				  be authorized to issue a brewery pub license to the holder of a brewery
				  license. A brewery pub license may only be issued in those municipalities in
				  which the Board may issue or transfer a malt and brewed beverage retail
				  dispenser license.
(b) The holder
				  of a brewery pub license shall have all the rights and be subject to the same
				  conditions and qualifications as those imposed on holders of a malt and brewed
				  beverage retail dispenser license except as set forth in this
				  section.
(c) The brewery pub
				  license will be issued to premises immediately adjacent to but separate and
				  distinct from the brewery premises.
(d) Sales of alcoholic beverages at the
				  brewery pub premises shall be limited to sales of malt or brewed beverages
				  produced at and owned by the brewery adjacent to it or a brewery which is under
				  common control with the brewery pub. A brewery pub licensee may sell, for
				  on-premises consumption, wine manufactured by the holder of a Pennsylvania
				  limited winery license.
(e) A
				  brewery pub license may not be issued to a brewery that has already acquired a
				  restaurant, hotel or malt and brewed beverage retail dispenser license. If a
				  brewery, which has a brewery pub license, applies for and acquires a
				  restaurant, hotel or malt and brewed beverage retail dispenser license, the
				  brewery pub license will be cancelled upon approval of the restaurant, hotel or
				  malt and brewed beverage retail dispenser license.
(f) Any citations which may be issued under
				  section 471 of the Liquor Code (47 P. S. §
											4-471) for activity relating to the brewery
				  pub will be issued against the brewery license.
The provisions of this §
												3.92 amended under sections 207(i)
						and 446 of the Liquor Code (47 P. S. §§
													2-207(i) and
						4-446).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter J - MALT OR BREWED BEVERAGE MANUFACTURERS › Section 3.93 - Breweries

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The holder of a
				  brewery license may not allow patrons to consume alcohol on the licensed
				  premises except as set forth in this section.
(b) If the holder of a brewery license has
				  obtained a brewery pub, restaurant liquor, eating place retail dispenser or
				  hotel license for use on the licensed premises, it may allow on-premises
				  consumption of alcohol on the licensed premises in conformity with the
				  requirements of the brewery pub, restaurant liquor, eating place retail
				  dispenser or hotel license.
(c) If
				  the holder of a brewery license has not obtained a brewery pub, restaurant
				  liquor, eating place retail dispenser or hotel license for use on the licensed
				  premises, it may allow on-premises consumption of alcohol on the licensed
				  premises only under the following conditions:
(1) Consumption may occur between 10 a.m. and
				  midnight.
(2) The only alcohol that
				  may be consumed on the licensed premises shall be the malt or brewed beverages
				  produced and owned by the brewery.
(3) The brewery must have at least ten seats
				  on the licensed premises for use by patrons while they are consuming
				  alcohol.
(4) The brewery shall make
				  food available to each patron who is consuming alcohol on the licensed premises
				  while that person is consuming alcohol. Food must, at a minimum, consist of
				  potato chips, pretzels and similar foods. Food may be prepared by the brewery
				  or by a third party.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter K - ECONOMIC DEVELOPMENT LICENSES › Section 3.101 - Economic development licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Issuance of license
. The Board may issue restaurant and eating
				  place retail dispenser licenses without regard to county quota restrictions for
				  the purpose of economic development in a municipality for premises situated
				  within any of the following:
(1) A KOZ
				  established under the authority of the Keystone Opportunity Zone, Keystone
				  Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act
				  (73
				  P. S. §§
												820.101-820.1309).
(2) An EZ, as designated by the Department of
				  Community and Economic Development in accordance with the Neighborhood
				  Assistance Act (62 P. S. §§
												2081-2089).
(3) A municipality that has approved the
				  issuance of a restaurant or eating place retail dispenser license for the
				  purpose of local economic development.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter K - ECONOMIC DEVELOPMENT LICENSES › Section 3.102 - Approval for economic development license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant shall request written
				  certification from the KOZ local coordinator or EZ administrator that the
				  proposed licensed premises is situated in a zone or an area designated for
				  economic development.
(b) An
				  applicant shall request approval from the municipality for a KOZ, EZ or local
				  economic development license.
(1) The
				  municipality will hold at least one public hearing on the applicant's request
				  for an economic development license.
(2) The municipality shall, within 45 days of
				  a request for approval, render a decision by ordinance or resolution to approve
				  or disapprove the applicant's request for an economic development
				  license.
(3) If the municipality
				  finds that the issuance of the license would promote economic development, it
				  may approve the request. The municipality shall refuse the request if it finds
				  that the approval of the request would adversely affect the welfare, health,
				  peace and morals of the municipality or its residents.
(4) If the receiving municipality denies the
				  applicant's request for approval of an economic development license, the
				  applicant may appeal the decision of the municipality 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 3 - LICENSE APPLICATIONS › Subchapter K - ECONOMIC DEVELOPMENT LICENSES › Section 3.103 - Filing criteria for provisional economic development license

Current through Register Vol. 54, No. 28, July 13, 2024
A license application may be filed with the Board for
					 premises situated within a KOZ, an EZ or a municipality that has approved the
					 issuance of a license for the purpose of local economic development, provided
					 that the applicant submits the following with its application:
(1) The required initial application
				  surcharge fee as determined by county class, the appropriate license fee and
				  application-processing fee.
(2)
				  Written certification from the KOZ local coordinator or EZ administrator or
				  from the municipality that the proposed licensed premises is situated in a zone
				  or an area designated for economic development.
(3) Municipal approval in the form of an
				  ordinance or resolution, including the applicant's name and exact address,
				  approving the issuance of an economic development license.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter K - ECONOMIC DEVELOPMENT LICENSES › Section 3.104 - 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 issuance of a license for economic development into its
				  municipality and the municipality shall have standing in a hearing to present
				  testimony in support of or against the issuance of a license.
(b) If the Board receives a protest from the
				  receiving municipality, the Board may in its discretion refuse an application
				  for an economic development license.
(c) A protest must be filed within 30 days of
				  the filing of the application.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter K - ECONOMIC DEVELOPMENT LICENSES › Section 3.105 - Quarterly filing of applications and application hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Issuance of economic development licenses
				  is limited to two licenses per calendar year in counties of the first through
				  fourth class and one license per calendar year in counties of the fifth through
				  eighth class.
(b) Quarterly filing
				  periods are established for all counties as follows:
1st Quarter-January 1 through March 31
2nd Quarter-April 1 through June 30
3rd Quarter-July 1 through September 30
4th Quarter-October 1 through December 31
(c) At the end of the first quarter, every
				  properly filed license application in a county will be subject to an
				  administrative hearing before a Board hearing examiner in accordance with
				  section 464 of the Liquor Code (47 P. S. §
											4-464). Second quarter applications will be
				  held in abeyance until after hearings are held for first quarter applications
				  and a determination is made by the Board as to the availability of a license
				  within the county.
(d) If a vacancy
				  continues to exist in a county after hearings are held and a determination has
				  been made by the Board, properly filed applications for the next quarter will
				  be scheduled for hearings.
(e) In
				  addition to any objections to, or support of, an application for the issuance
				  of a license, an applicant shall provide evidence at the administrative hearing
				  that it has exhausted reasonable means to find a suitable license within the
				  existing county quota law. Evidence includes the following:
(1) Evidence that the applicant, or the
				  applicant's agent, made contact with existing restaurant liquor licensees, if a
				  restaurant liquor economic development license is sought, or existing eating
				  place retail dispenser licensees, if an eating place retail dispenser economic
				  development license is sought, in the county.
(i) The purpose of the contact is to inquire
				  as to the availability of the licensee's license for purchase.
(ii) In counties of the first through fourth
				  class, the number of licensees contacted by the applicant, or the applicant's
				  agent, must be equal to or greater than 50% of the existing restaurant liquor
				  or eating place retail dispenser licensees in the county.
(iii) In counties of the fifth through eighth
				  class, the number of licensees contacted by the applicant, or the applicant's
				  agent, must be equal to or greater than 75% of the existing restaurant liquor
				  or eating place retail dispenser licensees in the county.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter K - ECONOMIC DEVELOPMENT LICENSES › Section 3.106 - Criteria for issuance of a permanent economic development license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After 90 days
				  from the date of issuance of the provisional license, the licensee may file an
				  application with the Board for a permanent license. The licensee shall certify
				  that for 90 consecutive days since the granting of the provisional license, the
				  licensee's sales of food and nonalcoholic beverages were equal to or greater
				  than 70% of the combined gross sales of food and alcoholic beverages.
(b) Upon submission of certification, the
				  Board will issue a permanent economic development license.
(c) The economic development license will be
				  governed by the license district in which it is situated for the purpose of
				  validation and renewal. Validation and renewal applications will require
				  submission of certification that during the license year immediately preceding
				  its application for renewal or validation, the licensee met or exceeded the 70%
				  minimum requirement.
(d) An appeal
				  of the Board's decision refusing to grant or renew a license will not act as a
				  supersedeas if the decision is based, in whole or in part, on the licensee's
				  failure to demonstrate that its sales of food and nonalcoholic beverages were
				  at least 70% of its combined gross sales of food and alcoholic
				  beverages.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter K - ECONOMIC DEVELOPMENT LICENSES › Section 3.107 - Failure to meet the minimum requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Failure to meet the 70% minimum
				  requirement as set forth in this subchapter, as submitted upon renewal or
				  validation application will result in an investigation by the Bureau of
				  Licensing. If the investigation discloses that the licensee failed to meet the
				  70% minimum requirement, the license will be cancelled.
(b) An appeal of the Board's decision
				  refusing to grant or renew a license will not act as a supersedeas if the
				  decision is based, in whole or in part, on the licensee's failure to
				  demonstrate that its food and nonalcoholic beverages were at least 70% of its
				  combined gross sales of food and alcoholic beverages.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter M - MANAGEMENT CONTRACTS › Section 3.141 - Management contracts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  licensee may contract with another person to manage its licensed
				  premises.
(b) A management contract
				  must reserve to the licensee the capability to direct its own
				  business.
(c) A management contract
				  must be in writing, and a copy shall be maintained on the licensed premises
				  where it shall be available for inspection by the Board.
(d) A management contract may not give a
				  pecuniary interest to a management company.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter M - MANAGEMENT CONTRACTS › Section 3.142 - Reporting

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Current
				  licensees or applicants for licenses that have management contracts shall file
				  with the Board's Bureau of Licensing (Licensing) on forms supplied by
				  Licensing, the identity of all persons who are parties to the management
				  contract.
(b) Current licensees or
				  applicants for licenses that enter into, modify or terminate management
				  contracts shall, within 30 days, file a written notice with the Board that this
				  has occurred. The changes shall be reported on forms which will be furnished
				  upon request by the Board.
(c)
				  Licensees filing notice of the establishment or modification of a management
				  contract shall pay a fee of $350. No fee is payable when a licensee gives
				  notice to the Board that a management contract has been terminated. Likewise,
				  no fee is required when a licensee is notifying the Board of a nonsubstantive
				  change to an existing management contract, such as the correction of a
				  typographical error, the providing of a page or document inadvertently omitted
				  from an earlier submission, or a name, address or contact information change as
				  to one of the parties.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter M - MANAGEMENT CONTRACTS › Section 3.143 - Board approval and licensee responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board will notify the current
				  licensee or applicant, in writing, of the Board's decision to either approve or
				  refuse the involvement of a person providing services as a management
				  company.
(b) The Board may refuse
				  the involvement of a person providing services as a management company. The
				  Board's refusal may be based upon the following:
(1) The creation by the management contract
				  of a pecuniary interest in the license.
(2) Facts upon which the Board could refuse a
				  person's involvement in the license which may include reasons specified in
				  section 4-470(a.1) of the Liquor Code (47 P. S. §
												4-470(a.1)) such as reputation, criminal
				  history, and current or prior involvement in other
				  licenses.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter A - CASH DEPOSITS ON RETURNABLE ORIGINAL CONTAINERS OF MALT OR BREWED BEVERAGES › Section 5.1 - Original container

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definition.
Original container means bottles, casks, kegs,
				  barrels or other suitable containers containing malt or brewed beverages that
				  have been securely capped, sealed or corked by the manufacturer of malt or
				  brewed beverages at the place of manufacture with the name and address of the
				  manufacturer of the malt or brewed beverages contained thereon and permanently
				  affixed thereto and includes the reusable original container as to which title
				  was retained by the manufacturer, licensee or vendor who bottled, sold or
				  resold malt or brewed beverages in one or more of the following:
(1) In the container.
(2) In the container and which the
				  manufacturer, licensee or vendor or a direct or indirect associate, agent,
				  representative, employe, agency, distributor, affiliate or subsidiary of the
				  manufacturer, licensee or vendor will repurchase or agree to repurchase from a
				  vendee or person who has acquired title to the reusable container.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter A - CASH DEPOSITS ON RETURNABLE ORIGINAL CONTAINERS OF MALT OR BREWED BEVERAGES › Section 5.2 - Minimum cash deposits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Subject
				  to the limitations imposed by the Liquor Code on sales by licensees, minimum
				  cash deposits are imposed on original returnable containers as follows:
Size
Deposit
All barrels regardless of size
$ 10.00
8 oz. or less per bottle
$ 00.03
16 oz. or more than 8 oz. per bottle
$
								00.05
32 oz. or more than 16 oz. per bottle
$
								00.10
(b)
				  Whenever the bottled malt or brewed beverages are sold by the case, the minimum
				  cash deposits on the cases, including the minimum cash deposit on the bottles
				  therein, shall be as follows:
Size
Deposit
8 oz. or less in a case containing 24 bottles to
								the case
$ 1.00
16 oz. or more than 8 oz. in a case containing 24
								bottles to the case
$ 1.50
32 oz. or less in a case containing 12 bottles to
								the case
$ 1.50
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter A - CASH DEPOSITS ON RETURNABLE ORIGINAL CONTAINERS OF MALT OR BREWED BEVERAGES › Section 5.3 - Refund of deposits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  licensee receiving deposits as provided for in this subchapter shall make
				  refund of the deposits in cash or, at the option of the purchaser, as a credit
				  on a purchase made, upon return of empty original containers.
(b) Manufacturing licensees may only accept
				  empty original containers from licensees or persons to whom the containers were
				  sold and delivered and which are the property of the manufacturer.
(c) Importing distributors and distributors
				  may only accept empty original containers from licensees or persons to whom the
				  containers were sold and delivered by the licensees.
(d) Manufacturing licensees shall accept
				  empty original containers, the property of the manufacturer, from a person who
				  paid a deposit, on a sale and delivery, to an importing distributor or a
				  distributor who has permanently or temporarily ceased doing business as an
				  importing distributor or a distributor. The manufacturing licensee shall make
				  refunds of the deposits received by the importing distributor or distributor.
				  The manufacturing licensee shall make refunds of the deposits received by the
				  importing distributor or distributor to the person returning the original
				  containers.
(e) Successors and
				  transferees to and of importing distributors and distributors shall accept
				  empty original containers from licensees or persons to whom the containers were
				  sold and delivered by predecessor or transferor licensees and shall make
				  refunds of deposits received by the predecessor or transferor licensees to the
				  licensee or person returning the original containers.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter A - CASH DEPOSITS ON RETURNABLE ORIGINAL CONTAINERS OF MALT OR BREWED BEVERAGES › Section 5.4 - Other sizes

Current through Register Vol. 54, No. 28, July 13, 2024
If any other size original container is developed for use
					 and has been approved by the Board, the minimum cash deposit on the container
					 will be determined by the Board prior to marketing.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter B - EMPLOYEES OF LICENSEES › EMPLOYMENT OF MINORS › Section 5.12 - Employment of minors by retail licensees

Current through Register Vol. 54, No. 28, July 13, 2024
Reference is directed to section 493(13) of the Liquor
						Code (47 P. S. §
												4-493(13)), which details
						the requirements for the employment of minors by retail
						licensees.
This section cited in 40 Pa. Code §
													5.21 (relating to prohibited
						  employment).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter B - EMPLOYEES OF LICENSEES › EMPLOYMENT OF MINORS › Section 5.13 - Employment of minors 18 to 21 years of age by licensees other than retail

Current through Register Vol. 54, No. 28, July 13, 2024
Reference is directed to section 493(27) of the Liquor
						Code (47 P. S. §
												4-493(27)), which details
						the employment of minors by certain licensees other than
						retail.
This section cited in 40 Pa. Code §
													5.21 (relating to prohibited
						  employment).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter B - EMPLOYEES OF LICENSEES › EMPLOYMENT OF MINORS › Section 5.14 - Child Labor Act

Current through Register Vol. 54, No. 28, July 13, 2024
Reference is directed to the Child Labor Act (43 P.S. §§
												40.1-40.14), which establishes general limitations on the employment of minors and specifically
															addresses the employment of minors where alcoholic beverages are produced, sold or dispensed.
This section cited in 40 Pa. Code §
													5.21 (relating to prohibited
						  employment).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter B - EMPLOYEES OF LICENSEES › EMPLOYMENT OF MINORS › Section 5.16 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 37 Pa. Code §
													23.1 (relating to definitions); 40
						  Pa. Code §
													5.11 (relating to general
						  requirement); and 40 Pa. Code §
													5.23 (relating to appointment of
						  managers).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter B - EMPLOYEES OF LICENSEES › EMPLOYMENT OF MINORS › Section 5.17 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 37 Pa. Code §
													23.1 (relating to definitions); 40
						  Pa. Code §
													5.11 (relating to general
						  requirement).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter B - EMPLOYEES OF LICENSEES › EMPLOYMENT OF MINORS › Section 5.18 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 40 Pa. Code §
													5.11 (relating to general
						  requirement).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter B - EMPLOYEES OF LICENSEES › EMPLOYMENT OF OTHERS › Section 5.21 - Prohibited employment

Current through Register Vol. 54, No. 28, July 13, 2024
A retail licensee may not employ in his licensed establishment
															a person who is precluded by section 493(14) of the Liquor Code (47 P.S. §
												4-493(14)) from frequenting
															the establishment, except minors employed in accordance with §§
											5.12-5.14 (relating to employment
															of minors by retail licensees; employment of minors 18 to 21 years of age by licensees other than retail; and
															Child Labor Act).