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 9.96 - Distribution rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Agreements, franchises or statements of distribution rights.
Agreements, franchises or statements of distribution rights given by a
					 manufacturer or by an importing distributor under section 441 of the Liquor
					 Code (47 P. S. §
												4-441) shall
					 be in writing, and a correct copy thereof shall be permanently maintained on
					 the licensed premises of each party to the agreement, franchise or statement.
					 The agreement, franchise or statement of distribution rights shall be open to
					 inspection by authorized representatives of the Board at all times.
(b)
Filing and posting.
(1) An importing distributor and secondary
					 importing distributor deriving rights of distribution by agreement with a
					 manufacturer or importing distributor shall comply with the following:
(i) Post and keep posted at all times on the
					 licensed premises of the importing distributor, in a conspicuous place near to
					 the license issued to the importing distributor by the Board, a schedule
					 designating the territorial areas of, limits of or rights vested in the
					 importing distributor by a manufacturer or importing distributor. The importing
					 distributor shall furnish to distributors and importing distributors in his
					 territory to whom he intends to sell, a schedule in which the territorial areas
					 of the selling distributor or importing distributor are set forth, and he shall
					 obtain the signatures on a copy of the schedule of distributors or importing
					 distributors to whom he intends to sell. These signed copies of schedules shall
					 be kept on file in the selling distributor's office or importing distributor's
					 office.
(ii) File with the Board's
					 Office of Malt Beverage Compliance, a certified copy of each franchise or
					 territorial agreement entered into with a manufacturer or importing
					 distributor.
(iii) File with the
					 Board's Office of Malt Beverage Compliance, a certified copy of each revised,
					 altered or modified franchise or territorial agreement revising, altering or
					 modifying previously existing agreements, within 10 days of execution
					 thereof.
(iv) Repost on the
					 licensed premises within 5 days of execution of the revised, altered or
					 modified agreement the schedule required under paragraph (1) indicating changes
					 in territorial areas, limits or rights as a result of revision, alteration or
					 modification of a previously existing agreement; furnish to distributors or
					 importing distributors in his territory to whom he intends to sell, a revised,
					 altered or modified schedule indicating changes in territorial areas, limits or
					 rights as a result of the revision, alteration or modification of a previously
					 existing agreement; and obtain the signatures of the distributors or importing
					 distributors on copies thereof.