reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › ONLINE TRAINING PROVIDERS AND PROGRAMS FOR SERVER/SELLER TRAINING › Section 5.221 - Online training provider application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 A person who wants to become an authorized online training provider of
					 server/seller training shall submit an application for authorization issued by
					 the PLCB and pay a nonrefundable application fee of $850, as well as a separate
					 fee for a criminal record check.
(1) The PLCB
					 will only accept applications during scheduled open enrollment periods, which
					 shall be posted on the BAE's page on the PLCB's web site. The PLCB reserves the
					 discretion to limit the number and frequency of open enrollment periods based
					 on operational restrictions.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › ONLINE TRAINING PROVIDERS AND PROGRAMS FOR SERVER/SELLER TRAINING › Section 5.222 - Online training program approval process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The online training program must be based
					 on the PLCB's standard curriculum or an alternative curriculum that has been
					 approved by the PLCB.
(1) Within 120 days of
					 receiving the standard curriculum or approval to use an alternative curriculum,
					 the applicant shall provide the PLCB with access to the proposed online
					 training web site, including necessary login information for the purpose of
					 viewing content and testing the web site.
(2) If the applicant requires more than 120
					 days to provide the PLCB with access to the proposed online training web site,
					 the applicant may request an extension in writing, by letter or by e-mail. The
					 PLCB may grant a 30-day extension for temporary, nonrecurring exigencies, such
					 as instructor illness or family emergency, bad weather or other circumstances
					 beyond the instructor's control.
(3) If the applicant does not provide the
					 PLCB access to the proposed online training web site by the deadline provided
					 by the PLCB, the application will be denied and no refund will be given to the
					 applicant.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › ONLINE TRAINING PROVIDERS AND PROGRAMS FOR SERVER/SELLER TRAINING › Section 5.223 - Minimum standards of the online training program

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Program features.
(1) The program content for the online
					 training program must be either the standard curriculum or an approved
					 alternative curriculum. Material changes to the curriculum may not be made
					 without the approval of the PLCB.
(2) The online training program must cover
					 topics required by the PLCB. The topics must be grouped into training modules.
					 For some topics, the online training program must include mandatory language.
					 The required topics, the mandatory language and the PLCB's final examination
					 will be made available to the applicant by the PLCB.
(3) The online training program must include
					 knowledge checks at the end of each training module. Knowledge checks ensure
					 that a student is properly reviewing and understanding the program content. The
					 online training program must require a student to correctly answer questions
					 based on course content. These questions should be designed to evaluate the
					 student's comprehension of each training module before students are permitted
					 to advance to the next training module.
(4) The online training program must use the
					 PLCB's final examination.
(5) The
					 online training program must consist of at least 1 1/2 hours of instructional
					 time.
(6) The online training
					 program must contain any disclaimers required by the PLCB, which the PLCB will
					 provide to the applicant.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › ONLINE TRAINING PROVIDERS AND PROGRAMS FOR SERVER/SELLER TRAINING › Section 5.224 - Online training provider responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
Online training providers have the responsibility to do
						the following:
(1) Using the standard
					 curriculum provided by the PLCB, or an alternative curriculum approved by the
					 PLCB, provide students, by means of an online training program, with
					 information regarding the current status of the law on issues regarding the
					 sale or service of alcoholic beverages by licensees.
(2) Provide the PLCB with unlimited vouchers
					 or pass codes that will allow the PLCB to access the online training program
					 free of charge for review purposes.
(3) Train at least 225 students per year.
					 Online training providers may request a waiver of the minimum requirements in
					 this paragraph by sending a letter or e-mail to the PLCB. The PLCB will waive
					 the requirements for minimum training activity for online training providers
					 due to temporary, nonrecurring exigencies, such as online training provider
					 illness or family emergency, bad weather or other circumstances beyond the
					 online training provider's control.
(4) Provide accurate records of a student's
					 completion of online training to the PLCB immediately following the online
					 training by electronically transmitting the necessary electronic data regarding
					 the student.
(i) Records must be sent in
					 real-time or in frequent batch submissions not more than 15 minutes after
					 completion of the final examination.
(ii) The online training provider shall
					 monitor submissions daily and resolve, within 24 hours, any error message
					 received from the PLCB indicating that the submission was not processed. If the
					 error message cannot be resolved within 24 hours, the online training provider
					 shall immediately notify the PLCB.
(iii) The online training provider shall
					 maintain all records of online training sessions for a minimum 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 › ONLINE TRAINING PROVIDERS AND PROGRAMS FOR SERVER/SELLER TRAINING › Section 5.225 - Renewal of authorization

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
					 least 30 days prior to the expiration of the online training provider's
					 authorization, the online training provider shall submit an application for
					 renewal of authorization, which will be provided by the PLCB.
(1) If the online training provider does not
					 want to make material changes to the online training program from the last time
					 it was approved by the PLCB, the online training provider shall certify that no
					 material changes were made to the online training program after it was last
					 approved by the PLCB. In addition, the online training provider shall submit a
					 $600 fee with the online training provider's application for renewal of
					 authorization, as well as a separate fee for a criminal record check.
(2) If the online training provider wants to
					 make material changes to the online training program, then a $850 fee must
					 accompany the online training provider's application for renewal of
					 authorization, as well as a separate fee for a criminal record check. The
					 online training provider shall use the online training program approved by the
					 PLCB until the notice of authorization has been renewed. The online training
					 provider shall submit hard copy screen shots of the online training program
					 that incorporates the material changes. The online training provider shall
					 submit no more than two screen shots per one side of an 8 1/2 by 11 inch piece
					 of paper. The screen shots may be in color or black and white.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › ONLINE TRAINING PROVIDERS AND PROGRAMS FOR SERVER/SELLER TRAINING › Section 5.226 - Training vouchers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 online training provider may sell training vouchers for future use by a
					 licensee's employees. A licensee may purchase training vouchers in bulk for
					 future use by its employees.
(b)
					 Training vouchers are valid for as long as the online training provider is
					 authorized to provide server/seller training.
The provisions of this §
													5.226 added under sections 207(i)
						  and 471.1 of the Liquor Code (47 P.S. §§
														2-207(i) and
						  4-471.1).
This section cited in 40 Pa. Code §
													5.223 (relating to minimum
						  standards of the online training
						  program).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › ONLINE TRAINING PROVIDERS AND PROGRAMS FOR SERVER/SELLER TRAINING › Section 5.227 - Deauthorization of online training providers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The PLCB will send a notice of violation
					 to an online training provider by certified United States mail if the online
					 training provider is:
(1) Failing to meet the
					 minimum standards of the online training program set forth in §
												5.223 (relating to minimum
					 standards of the online training program).
(2) Failing to meet the responsibilities set
					 forth in §
												5.224 (relating to online training
					 provider responsibilities).
(3)
					 Engaging in prohibited conduct set forth in §
												5.251 (relating to additional
					 prohibited conduct).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › CLASSROOM INSTRUCTORS OF SERVER/SELLER TRAINING › Section 5.231 - Classroom instructor application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person desiring authorization to be a
					 classroom instructor shall submit an application issued by the PLCB and pay a
					 $500 nonrefundable application fee, as well as a fee for a criminal record
					 check.
(1) The PLCB will only accept
					 applications during scheduled open enrollment periods. The PLCB reserves the
					 discretion to limit the number and frequency of open enrollment periods based
					 on operational restrictions.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › CLASSROOM INSTRUCTORS OF SERVER/SELLER TRAINING › Section 5.232 - Classroom instructor approval process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Applicants shall attend a 2-day mandatory
					 training session in Harrisburg before the PLCB will issue a notice of
					 authorization. An applicant who does not attend and complete the 2-day training
					 session will be disqualified from consideration as a classroom
					 instructor.
(b) The PLCB shall
					 issue a notice of authorization to those applicants who have successfully
					 completed the training session. The period of authorization shall be 1 year
					 from the date of issuance of the notice of authorization. The classroom
					 instructor is required to successfully complete a probationary period.
(1) Within the first 3 months of probation,
					 the PLCB will evaluate the classroom instructor at least once. There are five
					 possible evaluation ratings: Outstanding, Commendable, Satisfactory, Needs
					 Improvement or Unsatisfactory.
(i) The
					 classroom instructor must receive an "Outstanding," "Commendable" or
					 "Satisfactory" rating to successfully complete the probationary
					 period.
(ii) If the classroom
					 instructor receives a "Needs Improvement" rating, the classroom instructor will
					 be re-evaluated by the PLCB at any time within the next 3 months. Upon
					 re-evaluation, the classroom instructor must receive an "Outstanding,"
					 "Commendable" or "Satisfactory" rating to successfully complete the
					 probationary period. If the classroom instructor does not, the PLCB will
					 terminate the classroom instructor's notice of authorization.
(iii) If the classroom instructor receives an
					 "Unsatisfactory" rating, the PLCB will terminate the classroom instructor's
					 notice of authorization.
(iv)
					 "Termination" will be treated the same as deauthorization for purposes of
					 §
													5.236 (relating to deauthorization
					 of classroom instructors).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › CLASSROOM INSTRUCTORS OF SERVER/SELLER TRAINING › Section 5.233 - Minimum standards of classroom training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A classroom instructor shall conduct
					 training sessions conforming to either the PLCB's standard curriculum or an
					 alternative curriculum approved by the PLCB.
(1) Each training session must consist of at
					 least 2 1/2 hours of uninterrupted instructional time, not including time spent
					 reviewing information with students or administering the final examination.
					 Each training session must be taught in one session from start to
					 finish.
(2) The ratio of students
					 per classroom instructor may not exceed 40 to 1.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › CLASSROOM INSTRUCTORS OF SERVER/SELLER TRAINING › Section 5.234 - Classroom instructor responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
Classroom instructors have the responsibility to do the
						following:
(1) While on probationary
					 status, the classroom instructor shall adhere to all of the PLCB's Regulations
					 and Probationary Status Instructor policies that will be provided by the
					 PLCB.
(2) Using the standard
					 curriculum provided by the PLCB, or an alternative curriculum approved by the
					 PLCB, provide students with information regarding the current status of the law
					 on issues regarding the sale or service of alcoholic beverages by licensees.
					 Classroom instructors shall provide each student with a student manual that
					 corresponds to the standard curriculum or an alternative curriculum approved by
					 the PLCB.
(i) A classroom instructor shall
					 refrain from making any material changes to the standard curriculum without
					 being required to do so by the PLCB.
(ii) A classroom instructor shall refrain
					 from making any material changes to an alternative curriculum without first
					 receiving approval from the PLCB to make the proposed modifications or
					 changes.
(iii) If the classroom
					 instructor wants to make material changes to either the standard curriculum or
					 an approved alternative curriculum, the classroom instructor must submit the
					 curriculum, including the material changes, to the BAE for review and approval,
					 in accordance with the provisions of §
												5.213(b)
					 (relating to alternative curriculum), unless the changes were required by the
					 PLCB.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › CLASSROOM INSTRUCTORS OF SERVER/SELLER TRAINING › Section 5.235 - Renewal of authorization

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
					 least 30 days prior to the expiration of the classroom instructor's
					 authorization, the classroom instructor shall submit an application for renewal
					 of authorization, which will be provided by the PLCB. A $300 fee must accompany
					 the classroom instructor's application for renewal of authorization, as well as
					 a separate fee for a criminal record check.
(b) If the classroom instructor is using an
					 alternative curriculum, the classroom instructor shall submit a copy of the
					 most recently PLCB-approved curriculum with the application for renewal of
					 authorization. If the classroom instructor is using the standard curriculum,
					 the classroom instructor need not submit a copy of the standard curriculum with
					 the application for renewal of authorization.
(1) If the classroom instructor does not want
					 to make material changes to the alternative curriculum from the last time it
					 was approved by the PLCB, no additional fee is required.
(2) If the classroom instructor wants to make
					 material changes to the alternative curriculum, then an additional $250 fee,
					 for a total of $550, must accompany the classroom instructor's application for
					 renewal of authorization. The classroom instructor shall use the alternative
					 curriculum approved by the PLCB until the notice of authorization has been
					 renewed.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › CLASSROOM INSTRUCTORS OF SERVER/SELLER TRAINING › Section 5.236 - Deauthorization of classroom instructors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The PLCB will send a notice of violation
					 to a classroom instructor by certified United States mail if the classroom
					 instructor is:
(1) Failing to meet the minimum
					 standards of classroom training set forth in §
												5.233 (relating to minimum
					 standards of classroom training).
(2) Failing to meet the responsibilities set
					 forth in §
												5.234 (relating to classroom
					 instructor responsibilities).
(3)
					 Engaging in prohibited conduct set forth in §
												5.251 (relating to additional
					 prohibited conduct).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › CLASSROOM INSTRUCTORS OF SERVER/SELLER TRAINING › Section 5.241 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													5.241 deleted 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 › CLASSROOM INSTRUCTORS OF SERVER/SELLER TRAINING › Section 5.242 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													5.242 deleted 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 › CLASSROOM INSTRUCTORS OF SERVER/SELLER TRAINING › Section 5.243 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													5.243 deleted 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 › ADDITIONAL PROHIBITED CONDUCT › Section 5.251 - Additional prohibited conduct

Current through Register Vol. 54, No. 28, July 13, 2024
The PLCB may deauthorize classroom instructors or online
						training providers for violating any of the provisions of this subchapter or
						engaging in the following conduct:
(1)
					 Discrimination or harassment based on age, race, sex, disability, national
					 origin or religion, or any other protected class under the Pennsylvania Human
					 Relations Act (43 P.S. §§
												951-963).
(2) An act that is in violation of the Liquor
					 Code or this title.
(3) An act
					 resulting in a misdemeanor or felony conviction.
(4) An act resulting in admittance into an
					 Accelerated Rehabilitative Disposition (ARD) program if the underlying activity
					 is related to alcoholic beverages, narcotics or controlled
					 substances.
(5) Being under the
					 influence of alcoholic beverages, narcotics or controlled substances during
					 training presentations, breaks, or the final examination.
(6) Knowingly permitting students to be under
					 the influence of alcoholic beverages, narcotics or controlled substances during
					 training presentations, breaks, or the final examination.
(7) Cheating or condoning cheating by
					 students.
(8) Knowingly providing
					 false information on reports submitted to the PLCB.
The provisions of this §
													5.251 amended under sections
						  207(i) and 471.1 of the Liquor Code (47 P.S. §§
														2-207(i) and
						  4-471.1).
This section cited in 40 Pa. Code §
													5.227 (relating to deauthorization
						  of online training providers); and 40 Pa. Code §
													5.236 (relating to deauthorization
						  of classroom instructors).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter I - RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM › ADDITIONAL PROHIBITED CONDUCT › Section 5.261 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													5.261 deleted 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 › ADDITIONAL PROHIBITED CONDUCT › Section 5.271 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													5.271 deleted 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 J - MINORS ON LICENSED PREMISES › Section 5.321 - Service in establishments primarily serving food

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 493(14) of the Liquor Code
				  (47
				  P. S. §
											4-493(14))
				  creates several exceptions to the general prohibition of minors being present
				  in licensed premises. One of these exceptions, known as the "Pizza Hut"
				  exception, permits a minor to be present in a restaurant, hotel or retail
				  dispenser (but not a club) licensed premises that has gross sales of food and
				  nonalcoholic beverages equal to at least 50% of its combined gross sales of
				  both food and alcoholic beverages.
(b) Licensees qualifying for this exception
				  will not be cited for unlawfully allowing minors to frequent the licensed
				  premises.
(c) To qualify for this
				  exception, a licensee will assure that:
(1)
				  Minors are not permitted to sit at the bar counter of the premises.
(2) Alcoholic beverages are not served to any
				  adult at the table or booth where the minor is seated, unless the minor is also
				  there with a parent, legal guardian or proper supervisor.
(3) Sales of food and nonalcoholic beverages
				  at the licensed premises during the preceding 12-month licensing year are at
				  least 50% of the combined gross sales of both food and alcoholic
				  beverages.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter K - LIMITED WINERIES › Section 5.401 - 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:
Limited winery
-A winery that produces at
					 least 200 gallons per year but not more than 200,000 gallons per year of winery
					 products for each full calendar year that the limited winery holds an active
					 limited winery license from the Commonwealth.
Original container
-Bottles, casks, kegs,
					 cans, boxes or other suitable containers that have been securely capped, sealed
					 or corked by the limited winery at the place of manufacture, with the name and
					 address of the limited winery affixed to the bottle, cask, keg or other
					 container.
Produce
-To manufacture winery products
					 from agricultural commodities, including preparation for fermentation,
					 fermentation, blending, preserving, filtering and packaging the winery
					 products.
Tasting sample
-An individual portion of a
					 winery product, in an open container, offered to allow a consumer to sample the
					 flavor of the winery product.
Wine cooler
-A beverage made from combining
					 wine with a non-alcoholic beverage, such as fruit juice or a carbonated
					 beverage, resulting in a beverage with lower alcohol by volume than the
					 original wine. The term does not include a malt or brewed beverage.
Winery products
-Alcoholic products
					 including alcoholic cider, fermented fruit beverages, mead, wine and wine
					 coolers that have been produced by the limited winery.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter K - LIMITED WINERIES › Section 5.402 - Tasting samples

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A limited
				  winery may provide tasting samples of winery products in accordance with
				  section 505.2(a) of the Liquor Code (47 P.S. §
											5-505.2(a)) and §
										13.211 (relating to tasting
				  events). To the extent possible, section
				  505.2 of the Liquor Code and
				  §
										13.211 shall be construed
				  together. When there is a conflict between these two sections, including with
				  regard to locations where tasting samples may be provided, the volume of each
				  tasting sample that may be provided and whether a fee may be charged for a
				  tasting sample, the provisions of section
				  505.2 of the Liquor Code shall
				  prevail.
(b) Tasting samples may
				  not be provided at a limited winery's storage facilities since only the limited
				  winery and its employees may be present at those locations, in accordance with
				  section 505.2(a)(6.4) of the Liquor Code.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter K - LIMITED WINERIES › Section 5.403 - Sales generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  limited winery may sell winery products during the time periods or
				  circumstances set forth in section 505.2(a)(6.3) of the Liquor Code
				  (47
				  P.S. §
											5-505.2(a)(6.3)).
(b) A limited winery may accept all of the
				  following methods of payment:
(1) From
				  licensees: checks drawn on their account, cash, money orders, cashier checks,
				  debit cards and electronic funds transfers.
(2) From unlicensed individuals: all of the
				  methods of payment listed in paragraph (1) and credit cards issued by banking
				  or financial institutions subject to Federal or State
				  regulations.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter K - LIMITED WINERIES › Section 5.404 - Sales for on-premises consumption

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A limited winery may sell winery products
				  on the licensed premises and at additional Board-approved locations in
				  accordance with the Liquor Code and this part. Sales of winery products for
				  on-premises consumption may be made by the glass, bottle or any other open or
				  closed container.
(b) A limited
				  winery may sell, only for on-premises consumption, malt or brewed beverages and
				  liquor produced by Pennsylvania-licensed manufacturers, under section
				  505.2(a)(6.1) of the Liquor Code (47 P.S. §
											5-505.2(a)(6.1)).
(c) A limited winery that chooses to sell
				  malt or brewed beverages through a malt or brewed beverage dispensing system,
				  defined in §
										5.50 (relating to definition),
				  must comply with §§ 5.51-5.54.
(d) A limited winery that chooses to sell
				  wine or wine coolers through a wine dispensing system must comply with §
										11.103 (relating to dispensing
				  system sanitation).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter K - LIMITED WINERIES › Section 5.405 - Sales for off-premises consumption

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A limited winery may sell winery products
				  for off-premises consumption as permitted under section 505.2(a) of the Liquor
				  Code (47 P.S. §
											5-505.2(a)).
(b) A limited winery may accept orders for
				  the purchase of its winery products in person or through mail, telephone or the
				  Internet. A limited winery shall make deliveries of winery products in
				  accordance with §
										5.407 (relating to delivery of
				  products).
(c) A limited winery may
				  employ individuals, known as agents, to solicit orders for winery products or
				  promote the sale of winery products. The following apply:
(1) Agents may only advertise and promote the
				  sale of winery products produced by the limited winery that has employed the
				  agent. Agents may solicit orders from licensees and make deliveries on behalf
				  of the limited winery in accordance with § 5.407.
(2) Agents may only sell, as that word is
				  defined under section 102 of the Liquor Code (47 P.S. §
												1-102), the limited winery's products on the
				  limited winery's licensed premises, additional Board-approved location or a
				  location that is covered by the limited winery's wine exposition permit or
				  farmer's market permit.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter K - LIMITED WINERIES › Section 5.406 - Sales of other items

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition
				  to the sale of food, wine-scented or liquor-scented candles, and any other item
				  authorized under section 505.2(a) of the Liquor Code (47 P.S. §
											5-505.2(a)), the following
				  items are permitted to be offered for sale on the licensed premises and at
				  additional Board-approved locations:
(1) Home
				  winemaking, cider making, fermented fruit beverage making or mead making
				  equipment, or both, and supplies.
(2) Serving and storage accessories as
				  follows: cork removers, wine glasses and decanters, wine racks, serving baskets
				  and buckets and bottle stoppers.
(3) Publications dealing with wine and
				  winemaking, alcoholic cider and cider making, fermented fruit beverages and
				  fermented fruit beverage making, and mead and mead making.
(4) Promotional items advertising the limited
				  winery including tee shirts, glassware, caps and the like.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter K - LIMITED WINERIES › Section 5.407 - Delivery of products

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  only winery products a limited winery is authorized to deliver are those it has
				  produced. A limited winery may not deliver any liquor or malt or brewed
				  beverages, as those terms are defined in section 102 of the Liquor Code
				  (47
				  P.S. §
											1-102), that were manufactured by
				  another entity. The following apply:
(1) A
				  limited winery shall ensure that winery products sold and delivered to points
				  within this Commonwealth are sealed in original containers and labeled as
				  required by applicable law.
(2) A
				  limited winery may deliver food or other non-alcoholic items that have already
				  been purchased by the customer. A limited winery may not offer for sale items
				  from the delivery vehicle.
(3) A
				  limited winery shall include with the delivery of any winery products a sales
				  receipt in accordance with §
											5.409(b)
				  (relating to records, receipts and reports).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter K - LIMITED WINERIES › Section 5.408 - Additional Board-approved locations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A limited winery may not use additional
				  locations, as authorized under section 505.2(a)(3) of the Liquor Code
				  (47
				  P.S. §
											5-505.2(a)(3)),
				  in the operation of a licensed business unless the additional location is
				  approved by the Board.
(b)
				  Applications and fees are as follows:
(1) A
				  limited winery seeking Board approval of an additional location shall submit an
				  application to the Board, accompanied by payment of a $220 fee. Board approval
				  is valid for that calendar year.
(2) If a limited winery wants to continue use
				  of the additional Board-approved location, it shall submit a renewal
				  application on an annual basis, accompanied by payment of a $75
				  fee.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 5 - DUTIES AND RIGHTS OF LICENSEES › Subchapter K - LIMITED WINERIES › Section 5.409 - Records, receipts and reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  A limited winery shall maintain and keep on the licensed premises daily
				  permanent records that shall conform to the requirements of section 512 of the
				  Liquor Code (47 P.S. §
											5-512). The
				  following apply:
(1) The records shall include
				  complete details concerning the source of any agricultural commodity, as that
				  term is defined in section 505.2(c) of the Liquor Code (47 P.S. §
												5-505.2(c)), used in the
				  production of limited winery products.
(2) Electronic media recordkeeping,
				  maintained and based upon generally accepted accounting principles, may be kept
				  instead of hard copy records.
(3)
				  The recordkeeping system utilized by the limited winery shall have the
				  capability to provide for the reconciling of required data.
(4) Entries shall be verifiable by supporting
				  original documents.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter A - TRANSFER OF LICENSES › Section 7.1 - Filing of applications for transfer

Current through Register Vol. 54, No. 28, July 13, 2024
Licenses issued by the Board, under Article IV of the
					 Liquor Code (47 P. S. §§
											4-401-4-498), may be transferred in
					 accordance with this subchapter. Applications for transfer of licenses may be
					 filed at any time, but when filed within 30 days of the expiration date of the
					 license term, the transfer applies to the renewal license only, except in the
					 case of death. Applications for transfer shall be made on the regular transfer
					 form, which shall be accompanied by the application for license and remittance
					 of proper fees in accordance with the applicable provisions of section 614-A of
					 The Administrative Code of 1929 (71 P. S. §
											240.14A).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter A - TRANSFER OF LICENSES › Section 7.2 - Transfers of ownership

Current through Register Vol. 54, No. 28, July 13, 2024
When an application is filed for transfer of a license from
					 one person to another, a bill of sale of the business or fixtures shall be
					 executed by the licensee and shall be exhibited to the Board or its
					 representative. The purchase price of the business, either in the form of cash
					 or legal obligation as security for the purchase price, shall be placed in
					 escrow with an attorney or financial institution, to be paid to the original
					 licensee upon the approval of the transfer by the Board. The actual transfer of
					 ownership of the business may not pass until approval of the transfer of
					 license has been given. The transferee shall exhibit a deed or lease for the
					 premises, bill of sale or other written proof of its right to occupy the
					 proposed premises, as the case may be. The license may not change hands until
					 the license transfer has been approved by the Board and the original licensee
					 may continue the operation of the business and may sell liquor or malt or
					 brewed beverages until formal approval of the transfer is given. If the
					 original licensee does not continue operation of the business under the
					 license, no liquor or malt or brewed beverages may be sold and the license
					 shall be surrendered to the Board until the transfer is
					 approved.
The provisions of this §
												7.2 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 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter A - TRANSFER OF LICENSES › Section 7.3 - Transfers of location

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Retail liquor or retail dispenser licenses
. If a retail liquor
				  or retail dispenser licensee moves his place of business from one address to
				  another, the new establishment must be ready for operation before the license
				  transfer will be approved. Liquor or malt or brewed beverages may not be sold
				  or served at the new establishment until formal approval of the transfer is
				  given by the Board.
(b)
Other transferable licenses
. When other licenses transferable
				  under the law are involved, and the licensee desires to move his place of
				  business from one address to another, proper application for transfer of
				  license shall be made, and approval of the Board obtained, before the business
				  is operated at the new address.
(c)
Effect of failure to achieve full compliance
. If a request for
				  the transfer of a license has received prior approval by the Board, and
				  thereafter, a licensee is unable to achieve full compliance based on the plans
				  submitted under prior approval, a hearing may be held.
(1) The hearing will take evidence to
				  determine whether full compliance with the licensee's plans was impossible for
				  reasons outside the licensee's control.
(2) If it was, an application for transfer to
				  another location will be considered by the Board.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter A - TRANSFER OF LICENSES › Section 7.4 - Transfers of ownership and location

Current through Register Vol. 54, No. 28, July 13, 2024
When a transfer involves a change of both location and
					 ownership, the new establishment, if retail liquor or retail dispenser, shall
					 be ready for operation before the license transfer will be approved. The new
					 applicant shall satisfy the Board that he is the owner, lessee or otherwise has
					 the right to occupy and use the premises, the fixtures and equipment therein.
					 Liquor or malt or brewed beverages may not be sold by the applicant until the
					 transfer of the license has been approved. The transferor, provided his
					 fixtures and equipment are not involved in the transfer, may continue to
					 operate at his original place of business until notified that the transfer of
					 the license to the applicant has been approved, at which time the license and
					 Wholesale Purchase Permit Card, if any, shall be surrendered by the transferor
					 to the Board.
The provisions of this §
												7.4 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 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter A - TRANSFER OF LICENSES › Section 7.5 - Transfers on death of the licensee

Current through Register Vol. 54, No. 28, July 13, 2024
On the death of the licensee, the license may be
					 transferred immediately to the surviving spouse or to the decedent's estate
					 upon presentation of the transfer form, application, filing fee, and short form
					 certificate from the registrar of wills. If it is desired to transfer the
					 license to a person designated by and acting for the administrator or executor,
					 the transfer application and fee, with written evidence of the designation,
					 shall be submitted by the administrator or executor. The Board shall be
					 notified in writing within 30 days of the death of a
					 licensee.
The provisions of this §
												7.5 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 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter A - TRANSFER OF LICENSES › Section 7.6 - Transfer of partnership licenses

Current through Register Vol. 54, No. 28, July 13, 2024
If one or more partners voluntarily retire, an application
					 for correction of license shall be executed and filed by all the partners,
					 including the retiring partner. In the case of death of a partner, the
					 application for correction of license shall be executed and filed by the
					 surviving partners, and by the administrator or executor of the estate of the
					 deceased partner, if any, and be accompanied by a short form certificate from
					 the registrar of wills. If there is no administrator or executor, the
					 application for correction of license shall be executed and filed by the
					 surviving partners together with documentary evidence of the death of the
					 deceased partner. These requirements also apply if the license is held jointly
					 by husband and wife. Applications for correction of a license under this
					 section shall be accompanied by the proper fee in accordance with the
					 applicable provisions of section 614-A of The Administrative Code of 1929
					 (71
					 P. S. §
											240.14A).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter A - TRANSFER OF LICENSES › Section 7.7 - Approval of a transfer of license

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Immediately upon the approval of a transfer of license, the Board will
				  authorize the transferee to engage in lawful activity permitted by the license
				  for a period of 30 days. The authorization will be in writing.
(b) During the interim, the original license
				  and Wholesale Purchase Permit Cards shall be returned to the Board.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter A - TRANSFER OF LICENSES › Section 7.8 - Floor plans

Current through Register Vol. 54, No. 28, July 13, 2024
Applicants for new licenses or for transfer of location of
					 existing licenses shall submit floor plans with the application depicting all
					 areas to be licensed. Floor plans are required for existing structures, as well
					 as for structures proposed for construction and are to depict room dimensions.
					 Floor plans shall be reproduced on paper and are not to exceed 8 1/2 by 11
					 inches. A separate floor plan is required for each floor used in conjunction
					 with the licensed business.
This section cited in 40 Pa. Code §
												7.23 (relating to
						approval).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter A - TRANSFER OF LICENSES › Section 7.9 - Site plans

Current through Register Vol. 54, No. 28, July 13, 2024
Applicants for new licenses or for transfer of location of
					 existing licenses shall submit site plans when the structure the applicant
					 intends to occupy has not been constructed at the time the application is filed
					 with the Board. Site plans shall be reproduced on paper in an 8 1/2 by 11-inch
					 format and shall depict the location of the proposed licensed premises in
					 relation to identifiable property lines or easily identifiable landmarks or
					 reference points with measurements to the property lines, landmarks or
					 reference points.
This section cited in 40 Pa. Code §
												7.23 (relating to
						approval).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter A - TRANSFER OF LICENSES › Section 7.10 - Conversion of suspension to fine

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  When a license application for transfer is pending and the transferor has an
				  outstanding license suspension imposed by the Office of Administrative Law
				  Judge that has not yet been served and cannot be served because the premises is
				  not in operation, the transferee shall either serve the suspension upon the
				  approval of the transfer, or request that the suspension be converted to a fine
				  to be paid by the transferee upon the approval of the transfer.
(b) If the transferee prefers to pay a fine
				  instead of serving a suspension, it shall make a request to the Office of Chief
				  Counsel that a fine be set by the Board.
(c) For purposes of making a determination as
				  to the amount of the fine, the transferee's request to the Office of Chief
				  Counsel shall include the following:
(1) A
				  letter requesting that a fine be set instead of the suspension.
(2) A statement that the transferor cannot
				  serve the suspension because the premises is not in operation.
(3) The transferor's Federal tax return for
				  its last year of operation, showing the licensed business's profit or
				  loss.
(4) The number of days the
				  transferor was open in its last year of operation.
(5) A copy of the administrative law judge's
				  adjudication and order that resulted in the suspension. This document is
				  obtainable from the Office of Administrative Law Judge.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 7 - TRANSFER, EXTENSION, SURRENDER, EXCHANGE AND SUSPENSION OF LICENSES › Subchapter B - EXTENSION OF LICENSES › Section 7.21 - Inclusion of additional premises

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  A licensee may not conduct a business permitted by his license on another
				  premise or a portion of the same premise other than that for which the license
				  was issued without the approval of the Board for the inclusion of the
				  additional premises in the license.
(b) The Board may approve an extension of the
				  licensed premises to include the following:
(1) The abutting and adjacent
				  sidewalk.
(2) The immediate,
				  abutting, adjacent and contiguous vacant land.