reglab/statecodes huggingface dataset:
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 5.22 - Employment of licensees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 license to manufacture, transport or sell liquor, malt or brewed beverages and
					 alcohol, is a personal privilege to be exercised only by the individual to whom
					 the license is issued. The operation of a licensed business generally requires
					 the full-time attention of the licensee.
(b) An individual holding a Distributor or
					 Importing Distributor License may not be employed in other work, or, as
					 provided in section 492(12) of the Liquor Code (47 P. S. §
												4-492(12)), engage in
					 another business, on or off the licensed premises, without Board approval. If
					 the license is issued in the name of a partnership, the Board may permit the
					 partners, except one, to have outside employment. The partnership shall first
					 secure written permission from the Board before its members may be employed in
					 an occupation or enterprise other than the licensed business.
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 5.23 - Appointment of managers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operation of a licensed business requires a manager. A licensee
													 shall appoint an individual as manager for each licensed establishment. The manager shall devote full time
													 and attention to the licensed business and may not be employed or engaged in another business unless prior
													 written approval is obtained from the Board.
(b) An individual
													 licensee holding multiple licenses may designate himself as manager of only one licensed establishment. If a
													 license is held by more than one individual, the manager may be one of the individuals or another person the
													 licensee may designate.
(c) The manager appointed by a licensee
													 shall be a reputable person. The licensee shall notify the Board in writing of the name and home address of
													 the manager and the date and place of birth. If there is a change of manager, the licensee shall give the
													 Board written notice within 15 days of the change together with full information for the new individual who
													 is appointed as manager. Each notice of the appointment of a manager or notice of a change of manager shall
													 be accompanied by the appropriate fee as follows:
(1) When a background
													 investigation is conducted to obtain or verify information regarding an individual appointed as manager, a
													 total fee of $135 will be assessed by the Board.
(2) If the
													 designated manager is currently a Board-approved officer, member, partner or shareholder of that licensee, a
													 fee of $60 will be assessed by the Board.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter C - AMUSEMENT AND ENTERTAINMENT › Section 5.30 - 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:
Audio/video playback device
-A device which
					 emits a musical recording, or in the case of a video jukebox, emits a musical
					 recording accompanied by recorded video images on a screen that does not exceed
					 24 inches by 30 inches.
Event/tournament/contest
-A competitive
					 endeavor involving skill, speed, strength or endurance. The term includes a
					 competitive endeavor involving physical attributes of contestants.
Game
-A device, such as a pinball,
					 shuffleboard, bowling or video machine which provides the player with amusement
					 and no other form of award excepting free plays.
Instrumental music
-Music generated by
					 instruments played by musicians without vocal accompaniment.
Sweepstakes
-A chance promotion in which
					 tickets or game pieces are distributed and the winner or winners are selected
					 in a random drawing.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter C - AMUSEMENT AND ENTERTAINMENT › Section 5.31 - Amusement permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirements.
(1) Under
				  section 493(10) of the Liquor Code (47 P. S. §
												4-493(10)), the Board may
				  issue an amusement permit authorizing dancing, theatricals, floor shows and
				  motion picture exhibitions in licensed premises, or in another place operated
				  in connection therewith, to the holder of a retail liquor or retail dispenser
				  license, except clubs, upon proper application and payment of the required
				  fee.
(2) An application for an
				  amusement permit may be filed with the Board at any time during the license
				  period. Amusement permits expire with the license. Amusement permits may be
				  extended at license validation unless the permit is revoked or subject to
				  suspension.
(3) An amusement permit
				  may be denied to a licensee against whom revocation or criminal proceedings are
				  pending or to a licensee who, in the Board's opinion, has failed to conduct the
				  licensed premises in accordance with the laws of the Commonwealth. A licensee
				  denied an amusement permit may appeal the decision of the Board by requesting a
				  hearing before the Board within 20 days of notice of denial.
(4) An amusement permit may not be assigned.
				  When the retail liquor or retail dispenser license of the licensee is
				  transferred by the Board from one person to another, or from one place to
				  another, the amusement permit held by the licensee may be transferred in like
				  manner upon the payment of a filing fee of $10.
(5) An amusement permit is not required for
				  television devices, audio/video playback devices, radio, instrumental music,
				  games or events/tournaments/contests.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter C - AMUSEMENT AND ENTERTAINMENT › Section 5.36 - Municipal noise ordinances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  municipality that desires exemption from section 493(34) of the Liquor Code
				  (47
				  P. S. §
											4-493(34)),
				  shall, under section 493.1(b) of the Liquor Code (47 P. S. §
											4-493.1(b)), file a petition
				  with the Board, requesting approval. With its petition, the municipality shall
				  file the following:
(1) A copy of the
				  municipality's noise ordinance currently in effect.
(2) The municipality's resolution that:
(i) Confirms the municipality's support of
				  the petition to substitute the municipal noise ordinance for section 493(34) of
				  the Liquor Code.
(ii) Cites the
				  municipal noise ordinance.
(iii)
				  States the municipality's intention to enforce the ordinance in place of
				  section 493(34) of the Liquor Code.
(3) A complete written description of the
				  boundary lines for the proposed exempted noise area.
(4) One copy of a geographical map, the
				  minimum size of which is 36" x 36", including the designated boundary lines of
				  the proposed exempted noise area within the municipality.
(5) Three copies of the geographical map
				  required by paragraph (4), the size of which will be 8 1/2" x 11
				  1/2".
(6) Identification of a
				  proposed location, within the proposed exempted noise area, to be used by the
				  Board to hold the required public hearing within the proposed exempted
				  area.
(7) Identification of a local
				  print publication of general circulation that would satisfy 65 Pa.C.S. Chapter
				  7 (relating to Sunshine Act) notice requirement for announcement of the
				  required public hearing.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter D - MAINTENANCE OF THE LICENSED PREMISES › Section 5.41 - Compliance with sanitation requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A restaurant, hotel or club catering
				  liquor license or retail dispenser eating place or hotel malt beverage license
				  authorized under the Liquor Code will not be issued, renewed or transferred by
				  the Liquor Control Board for any premises unless the application for the
				  license, renewal or transfer avers that the proper municipal or State
				  authorities have found that the premises to be licensed, or for which an
				  application is filed for a new license or the renewal or transfer of a license,
				  meet all the sanitary requirements for a public eating place in the
				  municipality where the place to be licensed is operated, as provided by
				  statute, ordinance or regulation and that documentary evidence thereof is, and
				  shall at all times be, displayed on the licensed premises.
(b) Subsection (a) applies to all
				  applications for prior approval under section 403 of the Liquor Code
				  (47
				  P. S. §
											4-403) by filing an affidavit
				  stating the averment after completion of construction or alteration of the
				  premises.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter D - MAINTENANCE OF THE LICENSED PREMISES › Section 5.42 - Lighting

Current through Register Vol. 54, No. 28, July 13, 2024
Hotel, restaurant and club liquor licensees, and retail
					 malt beverage dispensers, shall at all times during the hours when the sale of
					 liquor or malt or brewed beverages is permitted, maintain throughout the
					 licensed premises illumination sufficient to insure clear visibility of the
					 premises and to permit patrons to read a menu or newsprint with ease. Tables
					 and booths available for the accommodation of the public shall be so situated
					 as to permit clear visibility of occurrences at the tables or in the
					 booths.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter D - MAINTENANCE OF THE LICENSED PREMISES › CLEANING OF MALT OR BREWED BEVERAGE SYSTEMS › Section 5.50 - Definition

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:
Malt
or
brewed beverage
						dispensing system
-A keg or other container of malt or brewed beverages
						together with all components used to serve those beverages on
						draft.
The provisions of this §
													5.50 adopted under section 207(i)
						  of the Liquor Code (47 P.S. §
														2-207(i)).
This section cited in 40 Pa. Code §
													5.404 (relating to sales for
						  on-premises consumption).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter D - MAINTENANCE OF THE LICENSED PREMISES › CLEANING OF MALT OR BREWED BEVERAGE SYSTEMS › Section 5.51 - Cleaning of malt or brewed beverage dispensing systems

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any licensee, including but not limited
					 to a retail licensee, a brewery, a limited winery, a limited distillery or a
					 distillery, that uses a malt or brewed beverage dispensing system in its
					 licensed premises shall clean the system at its sole expense. One licensee may
					 not clean a malt or brewed beverage dispensing system for another
					 licensee.
(b) The method of
					 cleaning must leave the entire malt or brewed beverage dispensing system in a
					 clean and sanitary condition. The cleaning method used must include cleaning
					 the entire system with a chemical cleaning solution or other cleaning method
					 approved by the Board. The following alternative cleaning methods have Board
					 approval:
(1) Live steam.
(2) Hot water and soda solution, followed by
					 thorough rinsing with hot water.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter D - MAINTENANCE OF THE LICENSED PREMISES › CLEANING OF MALT OR BREWED BEVERAGE SYSTEMS › Section 5.52 - Certificate or record required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 malt or brewed beverage dispensing system may be cleaned for the licensee by a
					 person, other than another licensee, thoroughly equipped to do so by a method
					 enumerated in §
											5.51 (relating to cleaning of malt
					 or brewed beverage dispensing systems). The licensee shall obtain from the
					 cleaner a certificate showing the date cleaned, the name of the person by whom
					 cleaned and the method utilized. The certificate shall be kept on file at the
					 licensed premises at all times for inspection by the Board.
(b) The malt or brewed beverage dispensing
					 system may be cleaned by the licensee. The licensee shall maintain and keep a
					 record of the date of each cleaning and the method utilized. This record shall
					 also be kept on file at all times for inspection by the Board.
The provisions of this §
													5.52 amended under section 207(i)
						  of the Liquor Code (47 P.S. §
														2-207(i)).
This section cited in 40 Pa. Code §
													5.404 (relating to sales for
						  on-premises consumption).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter D - MAINTENANCE OF THE LICENSED PREMISES › CLEANING OF MALT OR BREWED BEVERAGE SYSTEMS › Section 5.53 - Pressure maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
If a compressed gas or other pressurizing system is used
						in the malt or brewed beverage dispensing system, it shall be designed to
						preserve the normal flavor of the malt or brewed beverage and not introduce
						contaminants such as dust, water or oil, into the system.
The provisions of this §
													5.53 amended under section 207(i)
						  of the Liquor Code (47 P.S. §
														2-207(i)).
This section cited in 40 Pa. Code §
													5.404 (relating to sales for
						  on-premises consumption).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter D - MAINTENANCE OF THE LICENSED PREMISES › CLEANING OF MALT OR BREWED BEVERAGE SYSTEMS › Section 5.54 - Responsibility for condition of equipment

Current through Register Vol. 54, No. 28, July 13, 2024
The licensee has the sole responsibility of maintaining
						equipment used in dispensing malt or brewed beverages on draft in a clean and
						sanitary condition. The mere fact that records of licensees indicate that the
						malt or brewed beverage dispensing system has been cleaned is no defense to
						enforcement action under the law and the provisions of this subchapter if the
						malt or brewed beverage dispensing system is at any time found to be in an
						unsanitary condition.
The provisions of this §
													5.54 amended under section 207(i)
						  of the Liquor Code (47 P. S. §
														2-207(i)).
This section cited in 40 Pa. Code §
													5.404 (relating to sales for
						  on-premises consumption).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter F - CLUBS › RECORDS REQUIRED › Section 5.71 - Maintenance of records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
					 section 102 of the Liquor Code (47 P. S. §
												1-102), every club holding either a liquor or
					 a retail dispenser license shall maintain records prescribed in this
					 subchapter.
(b) Club records shall
					 be maintained in the English language.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter F - CLUBS › RECORDS REQUIRED › Section 5.72 - Membership record

Current through Register Vol. 54, No. 28, July 13, 2024
A complete membership record shall be maintained, showing
						the date of application of the proposed member, the date of admission after
						election, the date initiation fees and dues are paid and the amounts. The
						record shall also show the name of the sponsor and other remarks desirable.
						This record shall be either on a ruled form or, preferably, a card index, which
						shall carry at the top the name of the member, the address of the member and
						the serial number of the membership card issued. Dues shall be accumulated and
						posted to the proper column in the income records. A separate sheet or card
						shall be prepared for each member, and when members are dropped or resign,
						their cards shall be removed from the active file and placed in the inactive
						file for 2 years.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter F - CLUBS › RECORDS REQUIRED › Section 5.73 - Financial records

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Income record.
A cashbook currently showing income in detail
					 shall be maintained and posted. It shall be separated into dues, income from
					 malt or brewed beverages and liquor, income from food and a miscellaneous
					 column. This cashbook shall be totaled each month and used when the bank
					 account is reconciled by the treasurer. The total entries under "dues" should
					 balance with the dues recorded in the membership records. The record shall be
					 maintained in columnar form.
(b)
Expenditures record.
An expense ledger or record showing
					 expenditures, separated by payments for malt or brewed beverages, liquor, food,
					 detailed payroll, entertainment, rent, heat, light, water, equipment and other
					 expenditures, shall be maintained. The record shall be in columnar form with
					 the proper headings at the top, and balanced each month with the bank account
					 and the records of the treasurer. Every expenditure must be supported by
					 delivery tickets, invoices, receipted bills, cancelled checks, petty cash
					 vouchers or other sustaining data or memoranda.
(c)
Bank account.
A bank or
					 cash account shall be maintained which shows income and expenditures as a
					 control account on the income and expenditures records. The account shall be
					 balanced each month by the treasurer with proper record made in the minutes of
					 the recording secretary.
(d)
Electronic or automated recordkeeping
. Electronic or automated
					 recordkeeping, or both, maintained and based upon generally accepted accounting
					 principles, are permitted in lieu of hard copy financial records required by
					 subsections (a)-(c). This type of recordkeeping system utilized by the licensee
					 shall have the capability to provide for the reconciling of required data.
					 Entries shall be verifiable by supporting original documents.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter F - CLUBS › RECORDS REQUIRED › Section 5.74 - Minute book

Current through Register Vol. 54, No. 28, July 13, 2024
A minute book shall be maintained and posted currently by
						the recording secretary, and shall contain all of the following:
(1) The minutes of all regular and special
					 meetings.
(2) The names and dates
					 of applicants for membership and the dates the members were admitted and
					 whether ballots were taken.
(3) The
					 financial reports of the treasurer.
(4) Parties, banquets, socials and the like
					 given to members free of charge, and the costs involved.
(5) Elections and appointments of officers
					 and committees, and the term for which they are elected, and customary entries
					 in a record of this nature.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter F - CLUBS › RECORDS REQUIRED › Section 5.75 - Other documents and instruments

Current through Register Vol. 54, No. 28, July 13, 2024
Club licensees shall maintain on the licensed premises at
						all times, subject to inspection by the Board, all of the following:
(1) A photostatic or certified copy of the
					 charter, if incorporated.
(2) A
					 copy of the constitution.
(3) A
					 copy of the bylaws.
(4) Invoices
					 and receipted bills covering purchases made by officers of the club for the
					 benefit of the club.
(5) All
					 prescribed books of record and membership lists.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter F - CLUBS › OTHER REQUIREMENTS › Section 5.81 - Constitution and bylaws

Current through Register Vol. 54, No. 28, July 13, 2024
A club licensee shall adhere to the provisions of its
						constitution and bylaws.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter F - CLUBS › OTHER REQUIREMENTS › Section 5.82 - Food concession

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a
					 club does not sell food it may permit a food concession to be operated by a
					 person who is not an officer or employe of the club, and the concessionaire may
					 not hire a person who is an officer or employe of the club or who is a licensee
					 or an employe of another licensee.
(b) The concessionaire shall buy, prepare,
					 sell and collect for the food, and receive the profits, and pay his own
					 employes. Neither the concessionaire nor his employes are permitted to handle
					 or dispense liquor or malt or brewed beverages; and club employes are not
					 permitted to serve or collect for food. Separate checks for food and liquor or
					 malt or brewed beverages shall be presented to each member served.
(c) Records covering operations of the
					 concession shall be maintained for a period of 2 years on the licensed
					 premises. The records shall show the cost of food, supported by invoices;
					 receipts from sale of food supported by cash register tape or guest checks;
					 rental paid for the privilege and equipment used; the name and address, social
					 security number and salary paid to each employe; and other
					 expenditures.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter F - CLUBS › OTHER REQUIREMENTS › Section 5.83 - Catering

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Catering, for
					 the purpose of this section, means the furnishing of liquor or malt or brewed
					 beverages, or both, to be served with food prepared on the premises or brought
					 onto the premises already prepared, for the accommodation of groups of
					 nonmembers who are using the facilities of the club by prior arrangement, made
					 at least 24 hours in advance of the time for private meetings or functions,
					 such as dances, card parties, banquets and the like; and which is paid for by
					 the nonmembers.
(b) A record shall
					 be maintained showing the date and time catering arrangements were made, the
					 name of the person or organization making the arrangements and the approximate
					 number of persons to be accommodated.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter F - CLUBS › OTHER REQUIREMENTS › Section 5.84 - Entrance and inside doorways

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed club may not maintain or permit barricades to
						be maintained in the entrance or inside doorways in a clubhouse or club
						quarters.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter F - CLUBS › OTHER REQUIREMENTS › Section 5.85 - Inspection of clubhouse or club quarters

Current through Register Vol. 54, No. 28, July 13, 2024
Authorized representatives of the Board shall, upon
						presentation of their credentials, be admitted immediately to the clubhouse or
						club quarters and permitted without hindrance or delay to inspect completely
						the premises at any time during which the club is open for the transaction of
						business.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter F - CLUBS › OTHER REQUIREMENTS › Section 5.86 - Permitted exchange of club and catering club licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon application under Chapter 3
					 (relating to license applications), and subject to the authority granted by
					 section 472.3(a) of the Liquor Code (47 P. S. §
												4-472.3(a), the Board may
					 issue to a club, a club liquor license in exchange for a club malt beverage
					 retail dispenser license in any municipality which has approved the granting of
					 liquor licenses. The fee for issuance of a license under this subsection shall
					 be equal to the application filing fee plus the license fee for a hotel or
					 restaurant liquor license in the municipality in which the licensed premises is
					 located, as set forth in section 614-A of The Administrative Code of 1929
					 (71
					 P. S. §
												240.14).
(b) Upon application under Chapter 3, and
					 upon approval of the Board, a club holding a club liquor license may surrender
					 its license, and receive a catering club liquor license in its place.
(c) Upon application under Chapter 3, and
					 upon approval of the Board, a club holding a catering club liquor license may
					 surrender its license and receive a club liquor license in its place.
(d) The fee for filing an application for
					 exchange of club licenses shall be applied consistent with section 614-A of The
					 Administrative Code of 1929 (71 P. S. §
												240.14).
(1) an application for the exchange of a club
					 license for a catering club license may only be filed for a full license year.
					 It shall be accompanied by a renewal filing fee, and a license fee equal to
					 that required for a restaurant license in the municipality of its location
					 under section 614-A of The Administrative Code of 1929.
(2) An application for the exchange of a
					 catering club license for a club license may only be filed for a full license
					 year. It must be accompanied by a renewal filing fee and a license fee for a
					 club as required under section 614-A of The Administrative Code of
					 1929.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter G - CHANGE OF OFFICERS OF CORPORATIONS AND CLUBS › Section 5.91 - Required report

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  corporation, association or other Board licensed entity, except a club, having
				  officers, or directors, or stockholders, shall report a change in officers, or
				  directors or stockholders within 15 days. A change in stockholders involving
				  less than 10% of outstanding voting stock need not be reported, except when the
				  change involves a majority or controlling interest. Control is defined as the
				  power or authority to manage, direct, govern, administer or oversee the
				  operation of the licensed business.
(b) The changes shall be reported on forms
				  which will be furnished upon request by the Board. For a change in
				  stockholders, an affidavit describing, in detail, the source of funds used to
				  purchase the stock shall accompany the form. If funds to purchase the stock are
				  derived from a written financing agreement, the financing agreement shall also
				  accompany the form.
(c) Club change
				  of officers shall be reported with the renewal of club license on forms
				  furnished by the Board upon request. Change of club manager or steward shall be
				  reported with the renewal of club license and at license validation on forms
				  furnished by the Board upon request.
(d) Change of officer forms for club
				  licensees shall be accompanied by a fee of $40. When a background investigation
				  is conducted to obtain or verify information regarding a club change of
				  officer, an additional fee of $60, for a total fee of $100, will be assessed.
				  Change of officer forms for changes of corporate officers other than clubs
				  shall be accompanied by a fee of $200 when the change of officer does not
				  constitute a change in majority/controlling interest. If the change of
				  corporate officer does constitute a change in majority/controlling interest,
				  fees will be assessed in accordance with section 614-A of The Administrative
				  Code of 1929 (71 P. S. §
											240.14A).
The provisions of this §
												5.91 issued under section 207(i)
						of the Liquor Code (47 P. S. §
													2-207(i)).
This section cited in 40 Pa. Code §
												3.35 (relating to persons from
						whom criminal history record information checks are required); and 40 Pa. Code
						§
												11.6 (relating to signature on
						cards).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter H - RECORDS AND REPORTS-BREWERIES, BONDED WAREHOUSES, AND LICENSED DISTILLERIES OF HISTORICAL SIGNIFICANCE › Section 5.101 - Breweries

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Records.
A licensed manufacturer of malt or brewed beverages
				  shall maintain and keep on the licensed premises, in hard copy or electronic
				  media consistent with generally accepted accounting procedures, for a period of
				  at least 2 years, complete and accurate daily records of the transactions
				  conducted under the authority of the license, subject to inspection, under
				  sections 211, 493(12) and (21) of the Liquor Code (47 P. S. §§
											2-211,
				  4-493(12) and (21)), by
				  authorized representatives of the Board and the State Police, Bureau of Liquor
				  Control Enforcement. A recordkeeping system utilized by the licensee shall have
				  the capability to provide for the reconciling of required data. Entries shall
				  be verifiable by supporting documentation-original documents. Records shall be
				  clearly identifiable to the licensed operation and include the following:
(1) The purchase and receipt of raw materials
				  used in the manufacture of malt or brewed beverages, with the name and address
				  of the persons from whom purchased.
(2) The quantity of raw materials used in the
				  manufacture of malt or brewed beverages, with the quantity of the beverages
				  produced.
(3) The amount of
				  finished malt or brewed beverages withdrawn, showing the number and size of
				  containers.
(4) The amount of
				  Federal tax paid on malt or brewed beverages withdrawn for bottling, including
				  the quantity and size of the cases bottled.
(5) The quantity of tax-paid or nontax-paid
				  malt or brewed beverages used for consumption on the premises.
(6) The quantity and size of containers
				  removed from the licensed premises, either for personal consumption or other
				  purposes, with the names and addresses of persons for whom removal is
				  made.
(7) Sales invoices showing
				  the name, address, quantity and size of containers, cost of malt or brewed
				  beverages, deposits collected on returnable containers, refunds paid or
				  credited, and net amount of the invoice.
(8) A sales register showing the total
				  quantity by size of container, the cost of malt or brewed beverages, deposits
				  collected on all returnable containers, refunds paid or credited, and net
				  amount of cash for the business of each day.
(9) A cash book, showing all cash
				  received.
(10) A disbursement
				  record, showing amount of all cash disbursements, with the names of the persons
				  to whom paid. Such disbursements shall be supported by invoices or
				  memoranda.
(11) A record of all
				  expenses incurred by salesmen, including cost of travel, lodging, subsistence
				  and promotional expenses. All promotional expenses must be broken down to show
				  the place and amount expended.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter H - RECORDS AND REPORTS-BREWERIES, BONDED WAREHOUSES, AND LICENSED DISTILLERIES OF HISTORICAL SIGNIFICANCE › Section 5.102 - Bonded warehouses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Records.
A holder of a Bonded Warehouse License shall maintain
				  and keep on the licensed premises, in hard copy or electronic media consistent
				  with generally accepted accounting procedures, for a period of 2 years,
				  complete and accurate daily records of transactions conducted under the
				  authority of the license, subject to inspection, under sections 211, 512 and
				  513 of the Liquor Code (47 P. S. §§
											2-211,
				  5-512 and
				  5-513), by authorized
				  representatives of the Board and the State Police, Bureau of Liquor Control
				  Enforcement. A recordkeeping system utilized by the licensee shall have the
				  capability to provide for the reconciling of required data. Entries shall be
				  verifiable by supporting documentation-original documents. Records shall be
				  clearly identifiable to the licensed operation and shall include the following:
(1)
Receipts.
The name of
				  the producer and location of the distillery where produced, name and address of
				  bonded warehouse from which transferred; name and address of the owner for whom
				  stored, type (whether alcohol, whiskey and the like), type and number of
				  containers, quantity in proof gallons (tax gallons), and warehouse certificates
				  issued, shall be included.
(2)
Shipments.
The name and address of person to whom shipped,
				  type (whether alcohol, whiskey and the like), type and number of containers,
				  quantity in proof gallons (tax gallons), name and address of person from whose
				  inventory the alcohol or liquors were withdrawn, and warehouse certificate
				  numbers cancelled, must be included. Withdrawals In Bond shall show the
				  original proof gallons (tax gallons), tax paid withdrawals shall show the
				  regauged proof gallons (tax gallons) and losses in regauging.
(3)
Transfer of ownership of
				  warehouse certificates.
Where alcohol or liquors are not removed from
				  the bonded warehouse, a transfer of ownership of warehouse certificates shall
				  be recorded, showing the name of person from whom transferred, the name and
				  address of the person to whom transferred, the type of alcohol or liquor, type
				  and number of containers and proof gallons (tax gallons), the warehouse
				  certificate cancelled and the warehouse certificate issued to the new
				  owner.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter H - RECORDS AND REPORTS-BREWERIES, BONDED WAREHOUSES, AND LICENSED DISTILLERIES OF HISTORICAL SIGNIFICANCE › Section 5.103 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												5.103 issued under sections 207(i)
						and 505.2(2) and (3) of the Liquor Code (47 P.S.
						§§
													2-207(i) and
						505.2(2) and (3)); 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 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter H - RECORDS AND REPORTS-BREWERIES, BONDED WAREHOUSES, AND LICENSED DISTILLERIES OF HISTORICAL SIGNIFICANCE › Section 5.104 - Licensed distilleries of historical significance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Records.
A distillery of
				  historical significance which holds a license obtained under section 505 of the
				  Liquor Code (47 P. S. §
											5-505) shall
				  maintain and keep on the licensed premises daily permanent records which shall
				  conform to the requirements of section 512 of the Liquor Code (47 P. S. §
											5-512).
(b)
Sales invoice.
In
				  addition to the records prescribed in subsection (a), except as otherwise
				  provided in this part, a sales invoice shall be prepared at the licensed
				  premises for each sale. The sales invoices shall be prepared in accordance with
				  the following:
(1) The sales invoice shall be
				  imprinted or affixed with the name and address of the distillery of historical
				  significance.
(2) The sales invoice
				  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 liquor and the net cost to the customer. The name and address of private
				  individuals will not be required on sales invoices covering quantities of 4
				  wine gallons or less; in lieu of preparing sales invoices for the sales, the
				  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. The counter sheet shall be totaled daily and
				  the totals entered into the sales register noted in section 512 of the Liquor
				  Code (47 P. S. §
												5-512).
(3) The sales invoice shall show the
				  Commonwealth sales tax, where applicable, as a separate entry.
(4) The sales invoice shall indicate liquor
				  transported via transporter-for-hire, Class C carriers. The distillery shall
				  request the signature of a recipient, 21 years of age or older, from the
				  transporter making the deliveries and a return acknowledgement of delivery to
				  the recipient. Copies of acknowledgements of delivery shall be maintained on
				  the licensed premises for a period of 2 years.
(5) The sales invoice covering the sale of
				  liquor may not include the sale of other commodities.
(6) When a sale requires the preparation of
				  an invoice, one copy shall be given to the recipient of the merchandise and a
				  copy retained on the licensed premises for a period of 2
				  years.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › GENERAL › Section 5.201 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter implements the provisions authorized
						under section 471.1 of the Liquor Code (47 P.S. §
												4-471.1).
The provisions of this §
													5.201 amended under sections
						  207(i) and 471.1 of the Liquor Code (47 P.S. §§
														2-207(i) and
						  4-471.1).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › GENERAL › Section 5.203 - Mandatory training for managers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any manager who is required, under
					 section 471.1(g) of the Liquor Code (47 P.S. §
												4-471.1(g)), to complete
					 owner/manager training within 180 days of approval of appointment by the PLCB
					 will be deemed to have met that training requirement if the appointed manager
					 successfully completed the training within the 2 years prior to being appointed
					 manager.
(b) Licensees must ensure
					 that the manager has successfully completed owner/manager training within the
					 past 2 years.
(c) The first time an
					 individual enrolls in owner/manager training, he or she shall enroll and attend
					 the owner/manager training in a classroom setting. The individual may take
					 subsequent owner/manager training in a classroom setting or by means of online
					 training, as preferred.
(d)
					 Owner/manager training expires after 2 years. An owner/manager must renew
					 owner/manager training every 2 years.
The provisions of this §
													5.203 added under sections 207(i)
						  and 471.1 of the Liquor Code (47 P.S. §§
														2-207(i) and
						  4-471.1).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › GENERAL › Section 5.204 - Mandatory training for alcohol service personnel

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any alcohol service personnel who is
					 required, under section 471.1(h) of the Liquor Code (47 P.S. §
												4-471(h)), to complete
					 server/seller training within 6 months of being hired by a licensee will be
					 deemed to have met that training requirement if the training was successfully
					 completed within the 2 years prior to being hired by the licensee.
(b) Licensees must ensure that each member of
					 their alcohol service personnel has successfully completed server/seller
					 training within the past 2 years.
(c) If a licensee obtains an off-premises
					 catering permit for use at a catered function, all alcohol service personnel
					 must have successfully completed server/seller training within 2 years prior to
					 the date of the catered function.
(d) Server/seller training expires after 2
					 years. Alcohol service personnel must renew server/seller training every 2
					 years.
The provisions of this §
													5.204 added under sections 207(i)
						  and 471.1 of the Liquor Code (47 P.S. §§
														2-207(i) and
						  4-471.1).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › GENERAL › Section 5.205 - RAMP certification prerequisites

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Licensees may seek RAMP certification
					 voluntarily, may commit to obtaining certification as part of a conditional
					 licensing agreement entered into with the PLCB, or may be required to obtain
					 certification by a provision in the Liquor Code or as a result of an
					 adjudicated citation.
(b) Licensees
					 applying for RAMP certification under section 471.1 of the Liquor Code
					 (47
					 P.S. §
												4-471.1) must complete the
					 following prerequisites:
(1)
Owner/manager training.
(i)
					 At least one owner or the PLCB-approved manager must complete the owner/manager
					 training.
(ii) The first time an
					 individual enrolls in owner/manager training, the individual shall enroll and
					 attend the owner/manager training in a classroom setting. The individual may
					 take subsequent owner/manager training in a classroom setting or by means of
					 online training, as preferred.
(iii) Training will include instruction on
					 proper service of alcohol, developing an alcohol service policy and
					 establishing house rules and policies aimed at preventing sales of alcoholic
					 beverages to minors or visibly intoxicated persons. Instruction will also be
					 provided on identification checks and signs of visible intoxication.
					 Instruction will be provided on techniques to ensure that alcohol service
					 personnel are complying with house rules and policies, including the
					 orientation of new and current employees and the documentation of incidents
					 occurring in the workplace.
(iv)
					 Owner/manager training will be conducted by the PLCB. The PLCB will maintain
					 records establishing the names of individuals who have successfully undergone
					 owner/manager training.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › GENERAL › Section 5.206 - RAMP certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 After a licensee has completed the prerequisites of RAMP certification as set
					 forth in §
											5.205 (relating to RAMP
					 certification prerequisites), the licensee may file an application with the
					 PLCB for RAMP certification. There is no fee for applying for certification or
					 recertification.
(1) If the PLCB finds that
					 the licensee has satisfied the prerequisites, the PLCB will approve the
					 application for certification of the licensee.
(2) RAMP certification is valid for 2 years.
					 The PLCB will issue a notice of certification to the licensee that will advise
					 the licensee of the date that the certification will expire.
(3) The licensee must continually satisfy the
					 certification requirements during that period or certification may be
					 rescinded.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › GENERAL › Section 5.207 - Records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensee that
					 has obtained RAMP certification shall keep the following records:
(1) A current list of all members of the
					 licensee's alcohol service personnel, including the name of the employee, date
					 of hire, date of training (owner/manager and server/seller) and date of new
					 employee orientation.
(2) Date of
					 licensee's certification.
(3) New
					 employee orientation checklist(s), as explained in §
												5.205(b)(3)
					 (relating to RAMP certification prerequisites).
(4) Responsible alcohol service signs it
					 posted, where and when the signs were posted, revised and reposted.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › CURRICULUM FOR SERVER/SELLER TRAINING › Section 5.211 - Curriculum for server/seller training

Current through Register Vol. 54, No. 28, July 13, 2024
Any individual or entity that wants to offer
						server/seller training must use the standard curriculum provided by the Bureau
						of Alcohol Education or an alternative curriculum that has been approved for
						use by the PLCB.
The provisions of this §
													5.211 amended under sections
						  207(i) and 471.1 of the Liquor Code (47 P.S. §§
														2-207(i) and
						  4-471.1).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › CURRICULUM FOR SERVER/SELLER TRAINING › Section 5.212 - Standard curriculum

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 PLCB makes available, on the BAE's page on the PLCB's web site, an electronic
					 link to the PLCB's standard curriculum and a manual to be used by students. If
					 an individual or entity requests the PLCB to provide this information in hard
					 copy by means of mail, the PLCB will assess a flat fee, pursuant to an
					 established fee schedule, for printing and mailing the information. The fee
					 schedule will be published on the BAE's page on the PLCB's web site.
(b) The standard curriculum includes
					 instruction on detecting signs of impairment and intoxication, identifying
					 underage individuals and detecting false identifications, including those that
					 are altered, counterfeit or borrowed. Instruction will focus on the practical
					 application of the skills necessary to properly check identification, prevent
					 intoxication and refuse service.
The provisions of this §
													5.212 added under sections 207(i)
						  and 471.1 of the Liquor Code (47 P.S. §§
														2-207(i) and
						  4-471.1).