reglab/statecodes huggingface dataset:
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 9.53 - Consent certificate

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of the application and the proper service
						charge, and upon being satisfied of the truth of the statements in the
						application, the Board may, in its discretion, grant and issue to the applicant
						a consent certificate permitting the importation of the liquor designated
						therein and entitling the applicant to obtain the liquor from the transporter
						or the authority in custody thereof, 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 › APPLICATION, SERVICE CHARGE, CONSENT AND RELEASE OF LIQUOR › Section 9.54 - Release of liquor

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon the
					 arrival in this Commonwealth of the liquor for the holder of a properly
					 acquired consent certificate, the Board will furnish him with a notice of
					 release in duplicate, both copies of which shall be signed by the holder of the
					 certificate and surrendered to the carrier for delivery of the liquor. The
					 carrier shall then sign the original in the space provided and forward it to
					 the Board. Before the notice of release will be furnished, the holder of the
					 consent certificate shall present to the Board a certificate from the
					 Department of Revenue evidencing the payment of the requisite Spirituous and
					 Vinous Liquor Tax upon the liquor and proof satisfactory to the Board of the
					 payment of transportation and other charges, if any, against the
					 shipment.
(b) The Board will
					 furnish official seals, which will be affixed to each bottle by an employe of
					 the Board.
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 9.55 - Liquor to be shipped in care of the Board

Current through Register Vol. 54, No. 28, July 13, 2024
Shipments of liquor authorized under this subchapter
						shall be consigned to the holder of the consent certificate in care of the
						Board. Shipments consigned otherwise will be considered in the constructive
						possession of the Board until released by the Board to the holder of the
						consent certificate.
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 › IMPORTATION UNDER PURCHASE PRIVILEGE PLAN › Section 9.61 - Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Resident
					 stockholders, except the holders of Hotel, Restaurant and Club Liquor Licenses
					 (who are prohibited from being stockholders), desiring to acquire liquor under
					 a purchase privilege plan shall fill out, sign and file with the Board, a
					 Special Liquor Order form provided by the Board for the liquor, designating the
					 State Liquor Store at which delivery is to be made, and shall also file a true
					 and correct copy of the completed order form required under the purchase
					 privilege plan, to be transmitted by the stockholder to the distillery or its
					 trustee, containing the number of cases of liquor to be purchased and the cost
					 to the stockholder. The form will be furnished (by the Board) upon
					 request.
(b) Upon receipt of the
					 special liquor order and the copy of the order to the distillery or its
					 trustee, the Board, if it accepts the special liquor order, will so notify the
					 stockholder, and if, under the purchase privilege plan, the Board cannot make
					 the actual purchase of the liquor, permission will be given to the stockholder
					 to do so and to authorize delivery of the liquor to the Board at the State
					 Liquor Store designated in the order, provided all transportation charges are
					 prepaid by the shipper.
This section cited in 40 Pa. Code §
													9.51 (relating to application) and
						  40 Pa. Code §
													9.62 (relating to markup and
						  taxes).
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 › IMPORTATION UNDER PURCHASE PRIVILEGE PLAN › Section 9.62 - Markup and taxes

Current through Register Vol. 54, No. 28, July 13, 2024
Special liquor orders filed under §
											9.61 (relating to procedure) will
						be subject to a markup by the Board and also an applicable emergency State tax,
						but where the liquor is purchased by a stockholder under a purchase privilege
						plan, the cost price will be the basis for the markup. In addition to the
						markup and emergency tax, the stockholder will be required to pay taxes (except
						the Pennsylvania Spirituous and Vinous Liquor Tax), expenses and charges, if
						any, due upon delivery of the liquor to the Board, and the cost seals to be
						attached to each bottle of liquor at the rate of 25¢ per
						case.
This section cited in 40 Pa. Code §
													9.51 (relating to
						  application).
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 › IMPORTATION UNDER PURCHASE PRIVILEGE PLAN › Section 9.63 - Delivery and general sale

Current through Register Vol. 54, No. 28, July 13, 2024
(a) On
					 delivery of the liquor to the Board, the stockholder will be notified and
					 requested to pay taxes, charges and expenses, if any, due on the liquor or its
					 shipment.
(b) Unless the
					 stockholder makes full payment as required in subsection (a) and accepts
					 delivery of the liquor within 5 days after notice of its arrival, the Board
					 may, in its discretion, place the liquor in stock for general sale through its
					 stores upon payment to the stockholder of the actual cost price under the
					 purchase privilege plan.
This section cited in 40 Pa. Code §
													9.51 (relating to
						  application).
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 › IMPORTATION UNDER PURCHASE PRIVILEGE PLAN › Section 9.64 - Nonliability of the Board

Current through Register Vol. 54, No. 28, July 13, 2024
The Board will not be liable for nondelivery of the
						liquor by the distillery or its trustee, loss of or damage to the liquor in
						transit through breakage, pilferage, or other cause; the stockholder shall
						assume the risk until the actual delivery of the liquor to the
						stockholder.
This section cited in 40 Pa. Code §
													9.51 (relating to
						  application).
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 › MISCELLANEOUS PROVISIONS › Section 9.71 - Distillery Bonded Warehouse Certificates

Current through Register Vol. 54, No. 28, July 13, 2024
Distillery Bonded Warehouse Certificates, evidencing the
						ownership of liquor, are excepted from this subchapter, as the sale, purchase
						and possession of the certificates is subject to the provisions of Article VII
						of the Liquor Code (47 P. S. §§
												7-701-7-751).
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 › MISCELLANEOUS PROVISIONS › Section 9.72 - Additional limitations on importation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Only liquor in properly labeled bottles,
					 and upon which Federal liquor taxes have been paid, may be imported under this
					 subchapter.
(b) The liquor shall be
					 for personal use only and may not be sold in this Commonwealth, except by the
					 Board.
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 › MISCELLANEOUS PROVISIONS › Section 9.73 - Commonwealth distillers and importers

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter does not apply to or affect in any way
						the rights and privileges of distillers and importers licensed by the Board
						under the provisions of the Liquor Code.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter D - IMPORTATION OF LIQUOR PURCHASED IN A FOREIGN COUNTRY › Section 9.81 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter is to be applied in conjunction with the
					 Liquor Code and sets forth the nature and kind of proof required
					 thereunder.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter D - IMPORTATION OF LIQUOR PURCHASED IN A FOREIGN COUNTRY › Section 9.82 - Proof required

Current through Register Vol. 54, No. 28, July 13, 2024
A person who possesses or transports in this Commonwealth
					 liquor not in excess of 1 gallon, claimed by the person to have been purchased
					 by him in a foreign country shall, upon request by the Board, submit the
					 following documentary evidence:
(1)
				  The stub or receipt for passage on the railroad, bus, steamship, airplane,
				  hotel receipt or other satisfactory evidence to prove the foreign
				  travel.
(2) A receipt evidencing
				  the purchase of the liquor by the person while in the foreign
				  country.
(3) An affidavit by the
				  person that he was allowed to bring the liquor into the United States duty
				  free.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter D - IMPORTATION OF LIQUOR PURCHASED IN A FOREIGN COUNTRY › Section 9.83 - Imports in excess of 1 gallon per person

Current through Register Vol. 54, No. 28, July 13, 2024
If the quantity of liquor imported is in excess of 1
					 gallon, the excess will be subject to markup by the Board and State taxes,
					 calculated in the usual manner.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter E - IMPORTATION AND DISTRIBUTION OF MALT OR BREWED BEVERAGES › GENERAL PROVISIONS › Section 9.91 - Importation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may
					 not import malt or brewed beverages into this Commonwealth for delivery or use
					 therein, unless the person holds a valid Importing Distributor License, issued
					 by the Board under the Liquor Code, or unless the person is otherwise exempted
					 by the provisions of this section.
(b) This section does not prohibit the
					 importation of malt or brewed beverages by either of the following:
(1) A resident of this Commonwealth, for
					 personal use only and not for sale, provided that the malt or brewed beverages
					 are in original containers and that the tax thereon has been paid, or
					 provisions for the payment have been made under the Malt Beverage Tax Law
					 (72
					 P. S. §§
													9001-9016).
(2) Railroad and pullman companies, in their
					 dining, club and buffet cars, licensed in this Commonwealth.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter E - IMPORTATION AND DISTRIBUTION OF MALT OR BREWED BEVERAGES › GENERAL PROVISIONS › Section 9.92 - Transport vehicle restrictions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 licensee may not transport malt or brewed beverages and coal in the same
					 vehicle at the same time.
(b) A
					 licensee may not transport both malt or brewed beverages and a commodity that
					 is hawked or peddled by the licensee in the same vehicle at the same
					 time.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter E - IMPORTATION AND DISTRIBUTION OF MALT OR BREWED BEVERAGES › GENERAL PROVISIONS › Section 9.93 - Nature of other business to be considered

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A distributor or importing distributor
					 may not engage in a business which involves the peddling and hawking of a
					 merchandise.
(b) Under section
					 492(12) of the Liquor Code (47 P. S. §
												4-492(12)), the Board will
					 in each case consider the nature of any other business engaged in by the
					 distributor or importing distributor prior to the granting of its
					 approval.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter E - IMPORTATION AND DISTRIBUTION OF MALT OR BREWED BEVERAGES › GENERAL PROVISIONS › Section 9.95 - Sales

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sales of malt
					 or brewed beverages may not be made at any time in a warehouse except those in
					 which the principal office or place of business of the licensee is maintained.
					 Delivery shall be made only from the licensed premises of the distributor or
					 importing distributor.
(b) Sales of
					 malt or brewed beverages by distributors or importing distributors shall be for
					 cash, checks or drafts under section 493(2) of the Liquor Code (47 P. S. §
												4-493(2)).
(c) Distributors and importing distributors
					 may accept from purchasers debit card payments which provide for instant
					 electronic transfer of funds from payor to payee. Debit card transactions which
					 provide for instant electronic funds transfer shall be considered a cash
					 equivalent which complies with the Liquor Code.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter E - IMPORTATION AND DISTRIBUTION OF MALT OR BREWED BEVERAGES › GENERAL PROVISIONS › Section 9.97 - Allowances

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Leaker
					 allowances.
Malt or brewed beverages contained in cooperage that
					 becomes unfit for consumption due to a head leaker, bung leaker, stave leaker,
					 loose pitch, bushing leaker or spoilage, shall be handled as follows:
(1) A tag shall be furnished by the
					 manufacturer to the importing distributors and distributors showing information
					 covering the type of leaker or spoilage, the name of the retailer or
					 distributor and the license number of the licensee making the claim. The tag
					 shall have a perforated portion, to be retained by the claimant, showing the
					 reason for the return of the leaker, the claim number and the date of the
					 claim. The top portion of the tag shall be fastened to the cooperage and
					 returned to the manufacturer through the distributor from whom originally
					 purchased.
(2) When the
					 manufacturer has approved the claim, he shall issue a credit memorandum in
					 triplicate. Three copies of the credit memorandum shall be signed by the
					 retailer who retains the triplicate copy. The duplicate copy shall be retained
					 by the distributor. The original credit memorandum and the stub of the tag
					 shall be returned to the manufacturer for his file. Credit replacement may then
					 be made in kind or in value.
(3) If
					 credit is disallowed by the manufacturer, the retailer shall be so notified
					 through the distributor, giving the reasons.
(4) The manufacturer shall attach to his
					 monthly report, on Forms RCB-47, RCB-48 and RCB-49, a statement showing claims
					 allowed, indicating names, addresses and dates involved in such
					 allowances.
(5) Importing
					 distributors shall be governed by the same procedure covering returns to
					 foreign manufacturers.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter E - IMPORTATION AND DISTRIBUTION OF MALT OR BREWED BEVERAGES › RECORDS AND REPORTS › Section 9.101 - Records to be maintained

Current through Register Vol. 54, No. 28, July 13, 2024
A distributor and importing distributor shall maintain
						and keep on the licensed premises, in hard copy or electronic media, complete
						and truthful records in columnar form or other compatible configuration
						consistent with generally accepted accounting procedures, covering in detail
						transactions in malt or brewed beverages and other items, particularly items
						described in §§
											9.102-9.107 for a period of at least 2
						years under section 493(12) of the Liquor Code (47 P. S. §
												4-493(12)). The 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 record 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.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter E - IMPORTATION AND DISTRIBUTION OF MALT OR BREWED BEVERAGES › RECORDS AND REPORTS › Section 9.102 - Purchase register

Current through Register Vol. 54, No. 28, July 13, 2024
Purchases of malt or brewed beverages shall be entered in
						a purchase register. The register shall show the date of the purchase, invoice
						number and source of the purchase, covering both cooperage and case goods. The
						cost of malt or brewed beverages shall be shown separately from any deposits
						paid on case goods and refund obtained for the return of empty containers. The
						net cost of invoices shall be shown and the register shall be totaled each day
						with the daily unit totals carried to the purchase column in the perpetual
						inventory record. The daily totals shall be accumulated into a monthly
						total.
This section cited in 40 Pa. Code §
													9.101 (relating to records to be
						  maintained).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter E - IMPORTATION AND DISTRIBUTION OF MALT OR BREWED BEVERAGES › RECORDS AND REPORTS › Section 9.103 - Sales register

Current through Register Vol. 54, No. 28, July 13, 2024
Sales of malt or brewed beverages shall be entered in a
						sales register. The selling price of the beverages shall be shown separately
						from deposits charged on case goods and the credit allowed for the return of
						empty containers. The net selling price of invoices shall be shown and the
						register shall be totaled each day with the daily unit totals carried to the
						sales column in the perpetual inventory record. The daily totals shall be
						accumulated into a monthly total. The sales register shall be maintained by
						either of the following methods:
(1)
					 The required information may be accumulated each day on a summary sheet with a
					 daily posting to the sales register. The summary sheet shall act as a face
					 sheet and be permanently fastened to each daily group of sales invoices. Sales
					 invoices together with their attached face sheets shall be filed
					 chronologically and be maintained for 2 years.
(2) Sales invoice may be posted to the sales
					 register showing date, invoice number, value of the malt or brewed beverages,
					 deposits collected and refunded, the net cost to the customer and the name and
					 address of the recipient of the beverages.
This section cited in 40 Pa. Code §
													9.101 (relating to records to be
						  maintained).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter E - IMPORTATION AND DISTRIBUTION OF MALT OR BREWED BEVERAGES › RECORDS AND REPORTS › Section 9.104 - Perpetual inventory record

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 perpetual inventory record shall be maintained for inventory control purposes
					 of all stock of malt or brewed beverages. The record is the control of stock on
					 hand and shall be used in compiling figures for the monthly report. The record
					 shall:
(1) Be separated according to container
					 size (such as full barrels or half-barrels, cases of pints, quarts, cans,
					 splits, etc.).
(2) Show the number
					 of units of each size on hand at the beginning of each business day.
(3) Show the total units purchased as shown
					 on the purchase register and the total units sold as shown on the sales
					 register for each business day.
(4)
					 Show the closing inventory of each size and the reconciliation of the inventory
					 with the physical inventory of stock on hand in the warehouse.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter E - IMPORTATION AND DISTRIBUTION OF MALT OR BREWED BEVERAGES › RECORDS AND REPORTS › Section 9.105 - Cash receipts and disbursements book

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A cash receipts and disbursements book
					 shall show the details of monies received and expended in the operation of the
					 licensed business each day.
(b)
					 Receipts covering income from the sale of malt or brewed beverages, soft
					 drinks, other merchandise, loans and other sources shall be entered in
					 detail.
(c) Expenditures covering
					 payments for malt or brewed beverages, soft drinks, other merchandise, salaries
					 and wages, truck expenses, rent, heat, light, taxes, insurance, license fees,
					 advertising, sales expenses, repairs and maintenance of equipment and premises,
					 interest, personal withdrawals and other expenses shall be entered in
					 detail.
(d) The cash receipts and
					 disbursements book shall be totaled and reconciled with bank account and cash
					 on hand at the close of business each month.
This section cited in 40 Pa. Code §
													9.101 (relating to records to be
						  maintained).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter E - IMPORTATION AND DISTRIBUTION OF MALT OR BREWED BEVERAGES › RECORDS AND REPORTS › Section 9.106 - Sales invoices

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
					 as otherwise provided in this section, sales invoices shall be prepared at the
					 licensed premises for each sale prior to delivery.
(b) Sales invoices shall be imprinted or
					 affixed with the name and address of the distributor or importing distributor
					 and shall show the name and address of the recipient of the merchandise, date
					 of sale, number of units, size and type of package, brand name, selling price
					 of the malt or brewed beverages and the net cost to the customer. The deposits
					 charged and refunded for containers, and Commonwealth sales tax, where
					 applicable, shall be shown as separate entries.
(c) The name and address of private
					 individuals is not required on sales invoices covering cash and carry sales
					 made at the place of business of the licensee, when the individual sales are
					 for quantities of three cases or less, each case containing bottles or cans of
					 not more than a 32 fluid ounce capacity, or for quantities of three containers
					 or less of 128, 144 or 288 fluid ounce capacity, or a combination of the cases
					 or containers, in the quantities specified. In lieu of preparing sales invoices
					 for the cash and carry sales, these transactions may be entered individually on
					 a counter sheet maintained in columnar form showing the information required on
					 sales invoices other than name and address of the purchaser. This counter sheet
					 shall be totaled daily and the totals entered into the sales
					 register.
(d) Sales invoices may be
					 changed en route only to increase or decrease the customer's original
					 order.
(e) The sale of other
					 Board-approved commodities may be included on a sales invoice if the sale of
					 malt beverages is listed separately from other merchandise sold by the
					 licensee.
(f) One copy of each
					 sales invoice shall be given to the recipient of the merchandise.
This section cited in 40 Pa. Code §
													9.101 (relating to records to be
						  maintained).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter E - IMPORTATION AND DISTRIBUTION OF MALT OR BREWED BEVERAGES › RECORDS AND REPORTS › Section 9.107 - Federal and State government reports and forms

Current through Register Vol. 54, No. 28, July 13, 2024
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 and forms shall constitute a
						satisfactory record if they contain the information required by this
						subchapter.
This section cited in 40 Pa. Code §
													9.101 (relating to records to be
						  maintained).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter E - IMPORTATION AND DISTRIBUTION OF MALT OR BREWED BEVERAGES › RECORDS AND REPORTS › Section 9.108 - Brand registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definitions.
For the purpose of malt or brewed beverage brand
					 registration as required by section 445 of the Liquor Code (47 P. S. §
												4-445), the following words and terms, when
					 used in this section, have the following meanings, unless the context clearly
					 indicates otherwise:
Brand
-Malt or brewed beverages,
						distinguished by a unique prescribed formula and sold under a distinct label.
						Differences in packaging such as different style, type or size of container are
						not considered different brands.
Franchisee
-A person, corporation,
						partnership or association in which rights have been conferred by a domestic or
						nondomestic manufacturer of malt or brewed beverages to offer, sell or deliver
						products within this Commonwealth to licensed importing distributors.
Malt Beverage Compliance
-The section of
						Special Investigations responsible for handling the various duties of brand
						registration for the Board.
(b)
Registration.
Each brand
					 of malt or brewed beverages that a manufacturer or franchisee offers, sells or
					 delivers within this Commonwealth shall be first registered with the Board by
					 filing the proper forms with Malt Beverage Compliance. The registration shall
					 be on forms as provided by the Board and shall be renewed annually. An initial
					 application shall be accompanied by:
(1) A
					 label or copy of a label for each brand registered and a Federal label approval
					 containing a copy of the label.
(2)
					 A copy of a territorial franchise agreement between the manufacturer and each
					 Pennsylvania importing distributor.
(3) If the brand registrant is an
					 out-of-State importer/wholesaler the following:
(i) A copy of the agreement designating the
					 United States importer/wholesaler as the authority to market in this
					 Commonwealth.
(ii) A copy of the
					 territorial/franchise agreements between the importer/wholesaler and each
					 Pennsylvania importing distributor. The agreement shall contain the written
					 consent and approval of the out-of-State domestic or nondomestic manufacturer
					 to the appointment of the Pennsylvania importing distributor and the rights
					 conferred thereunder.
(4)
					 If the brand registrant is a licensed Pennsylvania importing distributor
					 holding an agreement as franchisee with a nondomestic manufacturer, a copy of
					 the agreement with the nondomestic manufacturer.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter F - DISPOSITION OF LIQUOR AND MALT OR BREWED BEVERAGES UNDER CERTAIN CONDITIONS › Section 9.111 - Alcoholic beverages held by estates; legal process; licensees who have discontinued business

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Liquor.
(1) Liquor purchased
				  from a State Liquor Store or from a Pennsylvania-licensed limited winery,
				  limited distillery or distillery, forming part of a bankruptcy estate or in the
				  custody of the law under legal process, may only be repurchased by the Board or
				  the Pennsylvania-licensed manufacturer from whom originally purchased as
				  provided in this subchapter.
(2)
				  Liquor in the possession of a licensee at the time the licensed business is
				  discontinued by transfer of the license or otherwise may be sold by the
				  licensee to the transferee or may be repurchased by the Board or the
				  Pennsylvania-licensed manufacturer from whom originally purchased as provided
				  in this subchapter.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter F - DISPOSITION OF LIQUOR AND MALT OR BREWED BEVERAGES UNDER CERTAIN CONDITIONS › Section 9.112 - Requests for repurchase by bankruptcy estates or officers of the law; information to be furnished

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Receivers and trustees in bankruptcy or officers of the law who possess and
				  wish to sell liquor purchased by a licensee from State Liquor Stores may ask
				  for the liquor to be repurchased by the Board by filing a sworn statement
				  containing the following, as applicable:
(1)
				  Receivers and trustees in bankruptcy.
(i) Name
				  and address of bankrupt and date of bankruptcy.
(ii) Name and address of receiver or trustee
				  who shall file with the statement a certified copy of his appointment or
				  election, and a certified copy of the order of court authorizing or directing
				  the sale of liquor.
(iii)
				  Description of the liquor, including brand name, size and number of containers
				  of each brand, and date of purchase, as evidenced by documentation of the
				  transaction.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter F - DISPOSITION OF LIQUOR AND MALT OR BREWED BEVERAGES UNDER CERTAIN CONDITIONS › Section 9.113 - Requests for repurchase by licensees who have discontinued business or sold their licensed business; information to be furnished

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Discontinuance without transfer
				  of license.
A licensee who has discontinued business without transfer
				  of the license who wants to have its remaining liquor inventory repurchased by
				  the Board shall provide the Board with all of the following information:
(1) Name and address of licensee.
(2) Written statement under oath that the
				  licensee has discontinued the licensed business and the date thereof. If the
				  business has been discontinued due to the death of the licensee, all of the
				  following additional information shall be provided:
(i) Name and address of the decedent, and
				  date of death.
(ii) Name and
				  address of the executor or administrator who shall file with the statement
				  documentary evidence of the death of the licensee.
(3) Description of the liquor, including
				  brand name, size and number of containers of each brand, and date of purchase,
				  as evidenced by documentation of the transaction.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter F - DISPOSITION OF LIQUOR AND MALT OR BREWED BEVERAGES UNDER CERTAIN CONDITIONS › Section 9.114 - Repurchase of liquor presented to the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon receipt of the information required
				  under §
										9.112 or §
										9.113 (relating to requests for
				  repurchase by bankruptcy estates or officers of the law; information to be
				  furnished; and requests for repurchase by licensees who have discontinued
				  business or sold their licensed business; information to be furnished) and
				  verification thereof, the Board may arrange to repurchase some or all of the
				  liquor purchased from State Liquor Stores at the price paid by the licensee. A
				  handling charge of 12.5% or $50, whichever is greater, will be assessed when 12
				  bottles or more are accepted for purchase. The Board will only repurchase
				  liquor within 30 days of the original purchase by the licensee, except when the
				  Executive Director of the Board or a designee determines that it is in the best
				  interests of the Commonwealth and operationally prudent for the Board to the
				  repurchase the liquor more than 30 days after the licensee purchased
				  it.
(b) Repurchases will be
				  confined to saleable liquor in the original containers, unopened and
				  unadulterated, as when originally sold by the State Liquor Stores. "Saleable"
				  means that the products and containers must look as they did when originally
				  purchased.
This section cited in 40 Pa. Code §
												11.231 (relating to general
						provisions).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter F - DISPOSITION OF LIQUOR AND MALT OR BREWED BEVERAGES UNDER CERTAIN CONDITIONS › Section 9.115 - Repurchase of liquor or malt or brewed beverages presented to a distributor, importing distributor or manufacturer

Current through Register Vol. 54, No. 28, July 13, 2024
A Pennsylvania-licensed distributor, importing distributor
					 or manufacturer is not required under this chapter to repurchase liquor or malt
					 or brewed beverages. A Pennsylvania-licensed distributor, importing distributor
					 or manufacturer has the discretion to repurchase liquor or malt or brewed
					 beverages. The Pennsylvania-licensed distributor, importing distributor or
					 manufacturer shall keep records pertaining to repurchases in accordance with
					 sections 493(12) and 512 of the Liquor Code (47 P.S. §§
											4-493(12) and
					 5-512).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter G - STORAGE BY A BONDED WAREHOUSE LICENSEE › Section 9.121 - Where storage permitted

Current through Register Vol. 54, No. 28, July 13, 2024
The holder of a Bonded Warehouse License may receive and
					 store "in bond" any of the following:
(1) Liquor or alcohol legally manufactured in
				  this Commonwealth.
(2) Liquor
				  legally imported into this Commonwealth by a licensed importer.
(3) Alcohol legally imported into this
				  Commonwealth by the holder of an AB Permit.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter G - STORAGE BY A BONDED WAREHOUSE LICENSEE › Section 9.122 - Where approval required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Where
				  liquor or alcohol is to be received for deposit "in bond" from a distillery not
				  on the same or contiguous premises, or from another Internal Revenue Bonded
				  Warehouse, approval of the transfer shall be obtained from the Board, on forms
				  furnished by the Board.
(b) Where
				  liquor and alcohol is to be received for deposit "in bond" from a distillery on
				  the same or contiguous premises, no approval from the Board is
				  necessary.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter G - STORAGE BY A BONDED WAREHOUSE LICENSEE › Section 9.123 - Records and reports

Current through Register Vol. 54, No. 28, July 13, 2024
Records and reports shall be maintained as prescribed in
					 §
										5.102 (relating to bonded
					 warehouses).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter H - IMPORTATION OF WINE PURCHASED BY MEANS OF THE INTERNET › Section 9.131 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter is to be applied in conjunction with the
					 Liquor Code and sets forth the nature and kind of proof required
					 thereunder.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter H - IMPORTATION OF WINE PURCHASED BY MEANS OF THE INTERNET › Section 9.132 - 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 indicated
					 otherwise:
Consumer
-A person, 21 years of age or
					 older at the time that the order is placed, who resides in this Commonwealth
					 and is ordering wine by means of the Internet from a direct shipper for
					 personal consumption, not for resale.
Direct shipper
-A person or legal entity
					 outside this Commonwealth licensed in another state as a producer, supplier,
					 importer, wholesaler, distributor or retailer of wine who obtains a license
					 from the Board to accept orders placed for wine within this Commonwealth by
					 means of the Internet and who ships or facilitates in any way the shipment of
					 wine by a delivery agent or common carrier to a Wine and Spirits
					 Store.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter H - IMPORTATION OF WINE PURCHASED BY MEANS OF THE INTERNET › Section 9.141 - Requirements for licensure as a direct shipper

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The person or legal entity completes an
				  application for a license and files it with the Board.
(b) The direct shipper agrees to submit to
				  the jurisdiction of the Board, any other Commonwealth agency, the Board of
				  Claims and the courts of this Commonwealth for any dispute arising out of the
				  direct shipper's conduct of business with the Board or consumers.
(c) The laws of the Commonwealth govern any
				  dispute or issue arising from or involving any transaction or dealing between
				  the direct shipper and the Commonwealth.
(d) The direct shipper agrees to indemnify
				  the Board from any cause of action arising from its conduct of business in this
				  Commonwealth.
(e) The direct
				  shipper agrees to notify the Board if any of its licenses or permits, by which
				  it is licensed in another state, are suspended, revoked, terminated or not
				  renewed by the issuing authority.
(f) Failure by the direct shipper to remain
				  licensed in another state could result in citation by the Pennsylvania State
				  Police, Bureau of Liquor Control Enforcement or nonrenewal of the direct
				  shipper license by the Board.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter H - IMPORTATION OF WINE PURCHASED BY MEANS OF THE INTERNET › Section 9.142 - Records to be maintained

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Commonwealth, through the Board or the Department of Revenue, has the right to
				  audit, at reasonable times and at a site designated by the Commonwealth, the
				  books, documents and records of the direct shipper. The direct shipper shall
				  give full and free access to the Commonwealth or its authorized representative
				  to the books, documents and records of the direct shipper to the extent that
				  the books, documents or records relate to the sale by the direct shipper to
				  consumers and to the collection of taxes and fees and the submission of same to
				  the Commonwealth.
(b) The direct
				  shipper agrees to maintain records, which will support the products, including
				  brands, vintages, volumes and sizes sold to consumers and the collection and
				  submission of taxes and fees regarding the products sold.
(c) The direct shipper shall maintain all
				  books, documents and records described in this section for 3 years from the
				  date of the sale.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter H - IMPORTATION OF WINE PURCHASED BY MEANS OF THE INTERNET › Section 9.143 - Sales of wines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The direct
				  shipper shall possess a valid license issued by the Board.
(b) The direct shipper may sell to consumers
				  only those classes, varieties and brands of wine not available for sale by the
				  Board to consumers. Those items that may not be sold by direct shippers are
				  listed on the Board's website and are subject to change. Direct shippers may
				  not ship or sell by means of the Wine and Spirits Stores any other items,
				  alcoholic or nonalcoholic, to consumers other than wine not listed on the
				  Board's website.
(c) The direct
				  shipper may only process orders received by means of the Internet.
(d) Consumers may not purchase, and a direct
				  shipper may not sell, more than 9 liters of wine to a single consumer per
				  month.
(e) The direct shipper shall
				  provide the consumer with an Internet wine order which is a numbered receipt
				  listing the following:
(1) The consumer's
				  name, address, phone number and date of birth.
(2) The name, address, phone number and date
				  of birth of any other person authorized to pick up the product at the Wine and
				  Spirits Store.
(3) The selling
				  price, total volume and a complete and accurate description of products
				  purchased.
(4) Eighteen percent
				  Emergency Tax.
(5) Six percent
				  Sales Tax.
(6) One percent
				  Philadelphia/Allegheny County only Sales Tax, if applicable.
(7) Fees collected.
(8) The address of the Wine and Spirits Store
				  to which the product is being shipped.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter H - IMPORTATION OF WINE PURCHASED BY MEANS OF THE INTERNET › Section 9.144 - Products shipped

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Wine shipped
				  to a consumer must be shipped to a Wine and Spirits Store.
(b) Shipments must be delivered to a Wine and
				  Spirits Store by a transporter-for-hire licensed by the Board.
(c) Each package so shipped must be clearly
				  identified as containing alcoholic beverages.
(d) Each package must clearly identify the
				  direct shipper on the outside of the package and must have with the package a
				  copy of the Internet wine order.
(e) Each order by a consumer must be packaged
				  separately.
(f) All packaging
				  materials must be sufficient to protect the product from damage during normal
				  handling.
(g) The direct shipper
				  agrees that any missing product, incorrect product, or damage to product,
				  including breakage, defaced labels, leakage or other defects, noted on the
				  Internet wine order will be the responsibility of the direct shipper.
(h) The direct shipper agrees that any wine
				  that is not picked up by the consumer within 30 days of receipt by the Wine and
				  Spirits Store becomes the property of the Board.
(i) The direct shipper shall provide a "call
				  tag" with each order shipped. A call tag is a delivering carrier's service
				  allowing the recipient of a package to call the carrier to pick up unwanted
				  merchandise and have the carrier return it to the shipper.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter A - GENERAL PROVISIONS › RETAIL AND WHOLESALE PURCHASE-GENERAL › Section 11.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Manufacturer
-A person engaged in the
						manufacture, rectification or compounding of liquors, other than wines, or an
						agent or representative of the manufacturer.
The provisions of this §
													11.1 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 11 - PURCHASES, SALES AND RETURNS › Subchapter A - GENERAL PROVISIONS › RETAIL AND WHOLESALE PURCHASE-GENERAL › Section 11.3 - Sales of ethyl alcohol at retail

Current through Register Vol. 54, No. 28, July 13, 2024
State liquor stores may stock ethyl alcohol, 190 proof,
						for retail sales subject to the following:
(1) An individual or entity desiring to
					 purchase ethyl alcohol shall file an application on forms provided by the
					 Board.
(2) The Board may approve
					 the application of an individual or entity who swears or affirms that the
					 alcohol will be purchased for nonpotable use only.
The provisions of this §
													11.3 amended under section 207(i)
						  of the Liquor Code (47 P.S. §
														2-207(i)).