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 5.43 - Proof of recycling

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
				  section 491(5) of the Liquor Code (47 P.S. §
											4-491(5)), restaurant, hotel
				  and club liquor licensees are required to break any package in which liquors
				  were contained ("liquor packages"), except those decanter packages that the
				  Board determines to be decorative, within 24 hours after the contents of the
				  package have been removed, unless the licensee participates in either a
				  municipal recycling program or a voluntary recycling program.
(b) If a licensee participates in a recycling
				  program, the licensee must deface, prior to recycling, the labels of all
				  packages that are not broken. The labels must be defaced with a permanent
				  marker or some other, similar, permanent defacement that will discourage the
				  theft of the bottles for unlawful re-use.
(c) The licensee shall provide proof in
				  writing of participation in such a program upon demand of the Bureau of Liquor
				  Control Enforcement of the Pennsylvania State Police. This subsection
				  establishes what constitutes "proof in writing."
(1) The licensee must be able to provide
				  written proof that the municipal or voluntary recycling program accepts the
				  kind of liquor packages (such as glass) that the licensee recycles. This
				  written proof may be a pamphlet or printed pages from the recycling program's
				  web site or something similar.
(2)
				  If the licensee pays for a municipal or private entity to pick up its
				  recycling, the licensee must retain a copy of the receipts, bills or invoices
				  paid by the licensee to the municipal or private entity as "proof in
				  writing."
(3) If the licensee
				  voluntarily participates in a recycling program by taking recyclable liquor
				  packages to a drop off location, the licensee must maintain, for each calendar
				  year, a statement containing the following information:
(i) Name and address of the
				  licensee.
(ii) Type of liquor
				  packages recycled.
(iii) Details on
				  each delivery of recycled liquor packages, including the date of delivery, time
				  of delivery, who delivered the recycled liquor packages, what was delivered,
				  and the approximate weight or quantity of recycled liquor packages.
(iv) A verification by the licensee's
				  representative that the information provided is true and complete to the best
				  of the representative's knowledge and belief and that the licensee's
				  representative understands that the statements made are subject to the
				  penalties set forth in
				  18 Pa.C.S. §
													4904
				  (relating to unsworn falsification to authorities). This statement should be
				  followed by the signature of the licensee's representative and the date the
				  signature was made.
(4)
				  In addition to the statement required by subsection (c)(3), a licensee who
				  takes recyclable liquor packages to a drop off location must also keep a copy
				  of at least two of the following records from the municipality with oversight
				  of the drop off location:
(i) The name,
				  location and hours of operation of the recycling facility where licensee
				  disposes recyclable liquor packages.
(ii) A copy of the recycling registration or
				  documentation required by a municipality.
(iii) A municipal waste newsletter or
				  circular.
(iv) An e-mail, letter or
				  memorandum from its municipality that explains what may be recycled and where
				  recyclable liquor packages may be dropped off.
(v) Municipal recycling maps of drop-off
				  locations for recyclable material.
(vi) A municipal recycling collection
				  schedule or calendar.
(vii) Other
				  printed or online materials provided by a municipality regarding municipal
				  waste management.