reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter C - WINES › DISPENSING OF WINE › Section 11.103 - Dispensing system sanitation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Coils, taps, connections, siphons, spigots or other parts of a wine dispensing
					 system shall be cleaned at least once every 30 days by a method which
					 thoroughly cleans the system and leaves it in a sanitary condition.
(b) Records shall be kept on the licensed
					 premises indicating the date of each cleaning and the method used.
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 11 - PURCHASES, SALES AND RETURNS › Subchapter C - WINES › DISPENSING OF WINE › Section 11.104 - Wine in kegs

Current through Register Vol. 54, No. 28, July 13, 2024
Wine in kegs of any capacity will not be purchased or
						sold by the Board. No wine will be sold through the Board in containers
						exceeding a capacity of 5 liters except that the Board may sell sparkling grape
						wine (as defined in 27 CFR
						4.21(b)(1)-(3) (relating to
						the standards of identity)) in glass containers larger than 5
						liters.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter C - WINES › LIMITED WINERIES › Section 11.111 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													11.111 issued under sections
						  207(g) and (i) and 505.2(2) and (3) of the Liquor Code (47 P.S.
						  §§
														2-207(g) and
						  (i) and
						  5-505.2(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 11 - PURCHASES, SALES AND RETURNS › Subchapter D - BRANDIES FOR RELIGIOUS USE › Section 11.121 - Procurement of brandies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Members
				  of a religious denomination who require for religious use specially prepared
				  brandies not stocked in State Liquor Stores may obtain the brandies only during
				  the months of March and April on special order solely from permittees, as
				  provided in subsection (b).
(b)
				  Resident importers, manufacturers and rectifiers, licensed by the Board, who
				  desire to accept orders for brandies described in subsection (a), shall obtain
				  from the Board, upon application accompanied by a remittance of $20, special
				  permit cards for the purpose, for themselves only. Registered agents of the
				  licensee may not solicit nor accept special orders for the merchandise. The
				  special permit card shall be exhibited at the State Liquor Store each time the
				  special orders are placed.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter D - BRANDIES FOR RELIGIOUS USE › Section 11.122 - Special orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Orders for
				  not less than 1 pint of brandies for religious use may be accepted by
				  permittees and shall be written on forms furnished by the Board.
(b) The total of orders received from
				  individuals, when transmitted to a State Liquor Store, shall aggregate a full
				  case and shall be paid for in full when placed.
(c) It is not necessary for a permittee to
				  ship the merchandise to a State Liquor Store, but no deliveries of individual
				  bottle orders may be made until a purchase order has been received by the
				  permittee from the Board.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter D - BRANDIES FOR RELIGIOUS USE › Section 11.123 - Listings

Current through Register Vol. 54, No. 28, July 13, 2024
Applications for the establishment of selling prices for
					 brandies for religious use shall be submitted on forms provided by the Board to
					 the Purchasing Division of the Board.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter D - BRANDIES FOR RELIGIOUS USE › Section 11.124 - Seals

Current through Register Vol. 54, No. 28, July 13, 2024
The use of "Official Seals" on containers of liquor and
					 alcohol was discontinued by act of the General Assembly as of October 11,
					 1972.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter D - BRANDIES FOR RELIGIOUS USE › Section 11.125 - Violations

Current through Register Vol. 54, No. 28, July 13, 2024
A permittee who violates the provisions of this subchapter
					 shall be subject to the penalties provided in the Liquor
					 Code.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter E - DISTILLERY CERTIFICATE BROKERS › Section 11.131 - Records to be maintained

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Licensed distillery certificate brokers shall maintain and keep on the licensed
				  premises complete records covering their operations as brokers in this
				  Commonwealth. The records shall include the name and address of the distillery
				  or person from whom Distillery Bonded Warehouse Certificates are purchased, the
				  serial numbers thereof, purchase price, date of purchase and number of barrels,
				  with their serial numbers and the age of the whiskey, covered by the
				  certificates.
(b) The name and
				  address of persons to whom certificates are sold and the selling price thereof,
				  the date of sale and profits and commissions earned by the broker on the sale
				  of certificates, whether the certificates were actually owned by the broker or
				  not, shall also be included.
(c)
				  Records shall also be maintained covering the receipt and disposition of
				  samples obtained in accordance with §
										11.132 (relating to samples for
				  brokers).
(d) Records maintained by
				  distillery certificate brokers shall be subject to inspection by authorized
				  representatives of the Board during normal business hours.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter E - DISTILLERY CERTIFICATE BROKERS › Section 11.132 - Samples for brokers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Licensed
				  distillery certificate brokers may obtain samples of liquor, as required, from
				  distillers in or outside of this Commonwealth, in the following manner:
(1) A written request on the form prescribed
				  by the Board shall be made by the broker to the distillery from which the
				  samples are desired and a copy of the letter shall be submitted at the same
				  time to the Bureau of Liquor Purchases of the Board.
(2) The Bureau of Liquor Purchases will, if
				  the request is approved, assign a release number to the transaction and notify
				  the distillery from which the samples have been requested, by letter, that
				  shipment may be made.
(3) A release
				  under the same number will then be issued to the broker, which shall be
				  presented in duplicate to the State Liquor Store to obtain possession of the
				  samples.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter F - SALE OF LIQUOR TO THE BOARD › Section 11.141 - Sales to the Board

Current through Register Vol. 54, No. 28, July 13, 2024
Persons desiring to sell liquors other than wines not
					 manufactured in this Commonwealth to the Board shall make application for a
					 permit before the liquor will be purchased. Forms for application will be
					 furnished by the Board upon request. The fee for the permit shall be on a
					 reciprocal basis, as provided in the Liquor Code. A licensed importer is not
					 required to obtain a permit if the liquor is wholly owned by the importer.
					 Persons holding Importer Licenses who desire to sell to the Board liquors other
					 than wine manufactured outside of this Commonwealth and not wholly owned by the
					 importer shall obtain a permit and pay to the Board the reciprocal fee, if any,
					 if not previously paid by or for the manufacturer.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter F - SALE OF LIQUOR TO THE BOARD › Section 11.142 - Listing proposals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  listing proposal for stock items submitted to the Board for its consideration
				  shall be submitted on forms provided by the Board accompanied by additional
				  information the Board may require.
(b) A listing proposal will be accompanied by
				  a $150 fee which is nonrefundable.
(c) This fee will be waived if the Board
				  invites a vendor to submit a proposal for a product.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter G - CREDIT CARDS › Section 11.151 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board will
				  provide for and authorize certain credit cards to be honored in Pennsylvania
				  Liquor Stores.
(b) The Board will
				  establish conditions of purchase applicable to credit card
				  transactions.
The provisions of this §
												11.151 issued under section 305(b)
						of the Liquor Code (47 P. S. §
													3-305(b)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter I - SALE OF ALCOHOLIC BEVERAGES ON SUNDAY › Section 11.171 - Statutory provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
				  sections 406 and 492(5) of the Liquor Code (47 P. S. §§
											4-406 and
				  4-492(5)), the sale of liquor
				  and malt or brewed beverages by a licensee who qualifies under the act is
				  authorized on Sunday between the hours of 11 a.m. and 2 a.m. Monday.
(b) Section 406 of the Liquor Code provides
				  that hotel and certain restaurant licensees whose sales of food and
				  nonalcoholic beverages equal 30% or more of the combined sales of both food and
				  alcoholic beverages may sell beverages under the conditions described in
				  subsection (a) upon the purchase of a special annual permit from the
				  Board.
(c) Section 492(5) of the
				  Liquor Code provides that hotel and eating place retail dispenser licensees may
				  sell beverages under the conditions described in subsection (a) upon the
				  purchase of a special annual permit from the Board.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter I - SALE OF ALCOHOLIC BEVERAGES ON SUNDAY › Section 11.172 - Application for Sunday sales permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  A licensee who wishes to make Sunday sales of alcoholic beverages shall file an
				  application in the form as may be prescribed by the Board for a Sunday sales
				  permit. The application for a Sunday sales permit shall contain:
(1) The name and address of the
				  licensee.
(2) The address of the
				  licensed premises.
(3) The license
				  number.
(4) Information to support
				  the application's assertion that for at least 90-consecutive days during the 12
				  months immediately preceding the date of application, sales of food and
				  nonalcoholic beverages by the applicant at the licensed premises were equal to
				  or exceed 30% of the combined gross sale of both food and alcoholic
				  beverages.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter I - SALE OF ALCOHOLIC BEVERAGES ON SUNDAY › Section 11.173 - Issuance

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of the application and appropriate fee, the
					 Board will grant and issue a Sunday sales permit. The permit shall be in the
					 size and form prescribed by the Board and shall be posted in a conspicuous
					 place next to the license.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter I - SALE OF ALCOHOLIC BEVERAGES ON SUNDAY › Section 11.174 - Provisional Sunday sales permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Sunday sales permits are personal and not subject to transfer. The Board may,
				  upon receipt of the appropriate application and fee, grant and cause to be
				  issued a provisional Sunday sales permit to a qualified licensee:
(1) To whom the Board has approved the
				  issuance of a new license.
(2) To
				  whom the Board has approved the transfer of an existing license.
(3) Whose primary license has been in
				  safekeeping with the Board for a period of not less than 90 days.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter I - SALE OF ALCOHOLIC BEVERAGES ON SUNDAY › Section 11.175 - Duration of Sunday sales permit

Current through Register Vol. 54, No. 28, July 13, 2024
Sunday sales permits issued by the Board shall be valid
					 only for the license year during which issued.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter I - SALE OF ALCOHOLIC BEVERAGES ON SUNDAY › Section 11.176 - Renewal

Current through Register Vol. 54, No. 28, July 13, 2024
Renewals of Sunday sales permits shall be accomplished as
					 set forth in §
										11.172 (relating to application
					 for Sunday sales permit), except that the information required by §
										11.172(a)(4)
					 shall be for the 12-month period or portion thereof immediately preceding the
					 date of the application for renewal.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter J - REPORTING OF DISHONORED INSTRUMENTS › Section 11.181 - Notification of the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  person licensed by the Board under Article IV of the Liquor Code (47 P. S.
				  §§
											4-401-4-497) who receives in
				  payment for malt or brewed beverages any check, draft or similar order for the
				  payment of money, which is subsequently dishonored by the bank, banking
				  institution, trust company or other depository upon which drawn, for any
				  reason, shall so notify the Board within 20 days of dishonor, by letter,
				  through the United States mail, addressed to the Investigative Unit, Liquor
				  Control Board, Harrisburg, Pennsylvania 17124.
(b) A separate letter or notice shall be
				  submitted for each dishonored instrument and shall contain all of the
				  following:
(1) The name and business address
				  of the licensee giving the notice.
(2) The name and business address of the
				  maker of the instrument.
(3) The
				  date and amount of the instrument and institution upon which drawn.
(4) The date received in payment for malt or
				  brewed beverages.
(5) The date of
				  notice of nonpayment or dishonor and the reason therefor.
(6) The name of the payee on the
				  instrument.
(7) A list of
				  endorsements, if any.
(8) Other
				  relevant remarks.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter J - REPORTING OF DISHONORED INSTRUMENTS › Section 11.182 - Notification of the maker

Current through Register Vol. 54, No. 28, July 13, 2024
A person licensed by the Board under the provisions of
					 Article IV of the Liquor Code (47 P. S. §§
											4-401-4-497) and who receives in payment for
					 malt or brewed beverages any check, draft or similar order for the payment of
					 money which is subsequently dishonored by the bank, banking institution, trust
					 company or other depository upon which drawn, for any reason, shall so notify
					 the person who presented the worthless check, draft or similar order within 5
					 days of the receipt of notice of the dishonor, by United States certified
					 mail.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter J - REPORTING OF DISHONORED INSTRUMENTS › Section 11.183 - Instructions to the depository regarding notification of the licensee

Current through Register Vol. 54, No. 28, July 13, 2024
A person licensed by the Liquor Control Board under the
					 provisions of Article IV of the Liquor Code (47 P. S. §§
											4-401-4-497) who receives in payment for malt
					 or brewed beverages sold by him a check, draft or similar order for the payment
					 of money shall give instructions in writing to the banking institution or other
					 depositories in which he shall deposit instruments that the banking institution
					 or other depositories shall give notice to him when an instrument has been
					 dishonored by the banking institution or depository upon which it was
					 drawn.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter J - REPORTING OF DISHONORED INSTRUMENTS › Section 11.184 - Copies to be kept on premises

Current through Register Vol. 54, No. 28, July 13, 2024
A copy of each notice required in this subchapter shall be
					 maintained on the licensed premises.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter K - EXTENSION OF CREDIT BY LICENSEES › Section 11.191 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to credit cards other than those
					 issued by banking institutions subject to State or Federal regulation, under
					 section 493(2) of the Liquor Code (47 P. S. §
											4-493(2)), permitting the
					 extension of credit in certain cases.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter K - EXTENSION OF CREDIT BY LICENSEES › Section 11.192 - Credit cards issued by licensees

Current through Register Vol. 54, No. 28, July 13, 2024
A hotel, restaurant or public service licensee may extend
					 credit to customers by the issuance of credit cards where the person to whom
					 the card is issued has filed a written application retained in the records of
					 the licensee.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter K - EXTENSION OF CREDIT BY LICENSEES › Section 11.193 - Credit cards not issued by licensees

Current through Register Vol. 54, No. 28, July 13, 2024
A hotel, restaurant or public service licensee may extend
					 credit to customers holding credit cards issued by companies other than
					 licensees which guarantee payment of the credit, provided the licensee has
					 entered into a written agreement to honor the credit cards of the particular
					 company and the agreement is retained in the records of the
					 licensee.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter M - LICENSED DISTILLERIES OF HISTORICAL SIGNIFICANCE › Section 11.211 - Sale by licensed distilleries of historical significance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensed
				  distillery of historical significance may sell on the licensed premises liquor
				  produced on the premises in accordance with the Liquor Code and this
				  title.
(b) The employment of agents
				  by licensed distilleries of historical significance is governed by §
										3.73 (relating to
				  agents).
(c) Records, sales,
				  invoices and reports shall be kept, as prescribed in §
										5.104 (relating to licensed
				  distilleries of historical significance).
This section cited in 40 Pa. Code §
												3.72 (relating to creation); and
						40 Pa. Code §
												11.212 (relating to additional
						conditions).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter M - LICENSED DISTILLERIES OF HISTORICAL SIGNIFICANCE › Section 11.212 - Additional conditions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements set forth in §
										11.211 (relating to sale by
					 licensed distilleries of historical significance), the sale of liquor shall
					 conform to all of the following:
(1)
				  Liquor produced by a licensed distillery of historical significance may be
				  shipped by common carrier or transporter-for-hire, as provided in Chapter 9
				  Subchapter A (relating to transportation of liquor, malt or brewed beverages or
				  alcohol).
(2) There shall be no
				  sales for consumption of liquor on the licensed premises.
(3) Liquor sold shall be in sealed containers
				  of not less than 6 ounces nor more than 1 gallon.
(4) A licensed distillery of historical
				  significance may accept checks drawn by the purchaser on his account, and from
				  retail customers, credit cards issued by banking or financial institutions,
				  subject to State or Federal regulations.
(5) Sales may be made only between the hours
				  of 9 a.m. and 9 p.m. Monday to Saturday inclusive and 10 a.m. to 6 p.m. on
				  Sunday.
(6) Mail or telephone
				  orders may be accepted. Delivery of products shall be accomplished through the
				  use of vehicles properly registered by the distillery of historical
				  significance or through properly licensed transporters. It shall be the
				  responsibility of the distillery licensee to insure that liquor is not
				  delivered to minors and that proper invoices are maintained in accordance with
				  §
										5.104 (relating to licensed
				  distilleries of historical significance).
This section cited in 40 Pa. Code §
												3.72 (relating to
						creation).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter N - LICENSED LIMITED DISTILLERIES AND DISTILLERIES › Section 11.221 - Sale by licensed limited distilleries and distilleries

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensed
				  limited distillery or distillery may sell on the licensed premises liquor
				  produced on the premises in accordance with the Liquor Code and this
				  title.
(b) In addition to the sale
				  of liquor, the following items are permitted to be offered for sale on the
				  licensed premises:
(1) Liquor accessories as
				  follows:
(i) Cork removers and other bottle
				  openers.
(ii) Glasses, shot
				  glasses, decanters and flasks.
(iii) Pourers and bottle stoppers.
(iv) Cocktail mixers, shakers and other
				  cocktail preparation accessories.
(v) Cocktail forks, toothpicks, stirrers,
				  napkins and gift bags.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter N - LICENSED LIMITED DISTILLERIES AND DISTILLERIES › Section 11.222 - Additional conditions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements in §
										11.221 (relating to sale by
					 licensed limited distilleries and distilleries), the sale of liquor shall
					 conform to the following:
(1) Liquor
				  produced by a licensed limited distillery or distillery may be shipped by
				  transporter-for-hire as provided in Chapter 9, Subchapter A (relating to
				  transportation of liquor, malt or brewed beverages or alcohol).
(2) A licensed limited distillery or
				  distillery may accept checks drawn by the purchaser on his account and from
				  retail customers, credit cards issued by banking or financial institutions,
				  subject to State or Federal regulations.
(3) A licensed limited distillery or
				  distillery may accept orders for the purchase of liquor produced on the
				  licensed premises by mail, Internet or telephone. Delivery of products shall be
				  accomplished through the use of vehicles properly registered by the limited
				  distillery or distillery, as provided in section 491(12) of the Liquor Code
				  (47
				  P. S. §
											4-491(12)), or
				  through a properly licensed transporter-for-hire, as provided in Chapter 9,
				  Subchapter A. It is the responsibility of the limited distillery or distillery
				  licensee to ensure that liquor is not delivered to minors and that proper
				  records and invoices are maintained as set forth in §
										5.104 (relating to licensed
				  distilleries of historical significance).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter O - RETURN OF LIQUOR TO THE BOARD BY LICENSEES OR PERMIT HOLDERS › Section 11.231 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Board may accept the return of liquor purchased from the Board for ordinary and
				  usual commercial reasons arising after the product has been sold. Sections
				  11.232-11.237 specify ordinary and usual
				  commercial reasons for the return of products and outline the conditions and
				  limitations for returns. If the Board accepts the returned product, the
				  licensee will receive the price paid as evidenced by documentation of the
				  transaction, as defined in subsection (d), less handling charges in accordance
				  with subsection (e). The Board will not accept the return of product purchased
				  from a third party, even if the third party purchased the product from the
				  Board.
(b) The Board will not
				  accept the return of product for reasons that do not constitute ordinary and
				  usual commercial reasons, including all of the following:
(1) Product sought to be returned because it
				  is overstocked or slow-moving.
(2)
				  Product sought to be returned because there is only a limited or seasonal
				  demand, such as holiday decanters and certain distinctive bottles.
(3) Product sought to be returned because the
				  licensee changed its menu or for other similar business reasons.
(4) Product sought to be returned because it
				  was damaged after the product left the custody or control of the
				  Board.
(5) Product sought to be
				  returned for any other reason that is not included in §§
				  11.232-11.237.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter O - RETURN OF LIQUOR TO THE BOARD BY LICENSEES OR PERMIT HOLDERS › Section 11.232 - Defective products

Current through Register Vol. 54, No. 28, July 13, 2024
Products that are unmarketable at the time of delivery or
					 pickup because of product deterioration, leaking containers, damaged labels, or
					 missing or mutilated tamper evident closures may be returned for a refund
					 within 30 days of purchase. Returns may be contingent upon verification of the
					 alleged defect, including photographs of the damaged product or any other
					 evidence required by the Board or the manufacturer of the product. The payment
					 of a handling charge will be waived for returns under this
					 section.
This section cited in 40 Pa. Code §
												11.231 (relating to general
						provisions); and 40 Pa. Code §
												11.239 (relating to special order
						listings).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter O - RETURN OF LIQUOR TO THE BOARD BY LICENSEES OR PERMIT HOLDERS › Section 11.233 - Error in products delivered

Current through Register Vol. 54, No. 28, July 13, 2024
A discrepancy between products ordered and products
					 delivered may be corrected, within 30 days of purchase, by returning the
					 incorrect product for a refund. The licensee will be required to provide
					 documentation of the transaction, as defined in §
										11.231(d)
					 (relating to general provisions), and the erroneous product. The payment of a
					 handling charge will be waived for returns under this
					 section.
This section cited in 40 Pa. Code §
												11.231 (relating to general
						provisions); and 40 Pa. Code §
												11.239 (relating to special order
						listings).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter O - RETURN OF LIQUOR TO THE BOARD BY LICENSEES OR PERMIT HOLDERS › Section 11.234 - Products that may no longer be lawfully sold

Current through Register Vol. 54, No. 28, July 13, 2024
Products that may no longer be lawfully sold may be
					 returned for a refund within 30 days of notification that the product may no
					 longer lawfully be sold. This includes, but is not limited to, situations when,
					 due to a change in statute, regulation or administrative procedure over which
					 the licensee has no control, a particular size, brand or product is no longer
					 permitted to be sold. The payment of a handling charge will be waived for
					 returns under this section.
This section cited in 40 Pa. Code §
												11.231 (relating to general
						provisions); and 40 Pa. Code §
												11.239 (relating to special order
						listings).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter O - RETURN OF LIQUOR TO THE BOARD BY LICENSEES OR PERMIT HOLDERS › Section 11.235 - Product subject to recall or withdrawal

Current through Register Vol. 54, No. 28, July 13, 2024
Products that have been recalled or withdrawn by the
					 manufacturer may be returned for a refund within 30 days of notification that
					 the product has been recalled or withdrawn. The payment of a handling charge
					 will be waived for returns under this section.
This section cited in 40 Pa. Code §
												11.231 (relating to general
						provisions); and 40 Pa. Code §
												11.239 (relating to special order
						listings).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter O - RETURN OF LIQUOR TO THE BOARD BY LICENSEES OR PERMIT HOLDERS › Section 11.236 - Change in product

Current through Register Vol. 54, No. 28, July 13, 2024
When a manufacturer changes a product in formula, proof,
					 label or container, a licensee may return its existing inventory for a refund
					 of that product within 30 days of notification that the product has been
					 changed. A change in vintage does not constitute a change in product for
					 purposes of this section. The licensee will be assessed a handling charge in
					 accordance with §
										11.231(e)
					 (relating to general provisions) for returns under this
					 section.
This section cited in 40 Pa. Code §
												11.231 (relating to general
						provisions); and 40 Pa. Code §
												11.239 (relating to special order
						listings).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter O - RETURN OF LIQUOR TO THE BOARD BY LICENSEES OR PERMIT HOLDERS › Section 11.237 - Discontinued products

Current through Register Vol. 54, No. 28, July 13, 2024
When a manufacturer or importer discontinues the production
					 or importation of a product, a licensee's inventory of that product may be
					 returned for a refund within 30 days of notification that the product is being
					 discontinued. The licensee will be assessed a handling charge in accordance
					 with §
										11.231(e)
					 (relating to general provisions) for returns under this
					 section.
This section cited in 40 Pa. Code §
												11.231 (relating to general
						provisions); and 40 Pa. Code §
												11.239 (relating to special order
						listings).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter O - RETURN OF LIQUOR TO THE BOARD BY LICENSEES OR PERMIT HOLDERS › Section 11.238 - Permit holders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board
				  may accept the return of product from permit holders who sell alcohol less than
				  15 days in the course of a year, such as special occasion, wine auction or
				  spirit auction permit holders.
(b)
				  At the time product is picked up or delivered, permit holders will be made
				  aware, through the provision of a pre-authorization form, of all of the
				  following conditions for the return of liquor:
(1) If the product was picked up at a
				  Pennsylvania liquor store, the permit holder shall return the product to that
				  store and no other Board location.
(2) If the product was delivered by the Board
				  to the event location, only 100% full, unopened cases will be accepted by the
				  Board's delivery truck for return. All other product shall be returned to a
				  Pennsylvania liquor store or licensee service center as directed by the
				  Board.
(3) The product must be
				  saleable liquor in the original containers, unopened and unadulterated, as when
				  originally sold by the State Liquor Stores. "Saleable" means that the products
				  and containers must look as they did when originally purchased.
(4) At the time of the return, the permit
				  holder shall provide the Board with documentation of the transaction, as
				  defined in §
											11.231(d)
				  (relating to general provisions).
(5) The product shall be returned within 30
				  days of the date of purchase.
(6)
				  The product must be kept out of direct sunlight and in a temperature-controlled
				  environment, such as a refrigerator, temperature-controlled delivery truck or
				  any other location where the temperature does not reach below 55° or above
				  75°.
(7) The return of liquor
				  purchased as a special order listing, as that term is defined in §
											13.71 (relating to definitions),
				  is subject to §
											11.239 (relating to special order
				  listings).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 11 - PURCHASES, SALES AND RETURNS › Subchapter O - RETURN OF LIQUOR TO THE BOARD BY LICENSEES OR PERMIT HOLDERS › Section 11.239 - Special order listings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Board may accept the return of liquor purchased as a special order listing, as
				  defined in §
										13.71 (relating to definitions),
				  for ordinary and usual commercial reasons, as set forth in §§
				  11.231-11.237.
(b) If a licensee
				  wants to return liquor purchased as a special order listing, the licensee shall
				  return it to a State Liquor Store within 30 days from the date of receipt of
				  the product by the licensee or its agent.
(c) The supplier of the special order listing
				  product may not pick up the product from the licensee.
(d) Returns of special order listing product
				  will be handled by the Board's Special Order Division. The supplier, not the
				  Board, shall decide whether to authorize any returns or refunds for special
				  order listing product.
(e) The
				  supplier shall advise the Special Order Division which of the following will be
				  done with the returned product:
(1) The
				  product may be picked up at the State Liquor Store by the supplier within 30
				  days of notifying the Special Order Division.
(2) The product may be shipped back to the
				  supplier by the Board if the supplier provides, within 30 days of notifying the
				  Special Order Division, a return shipment label which must include payment for
				  shipping.
(3) The product may be
				  destroyed by the Board for a fee, to be charged against the
				  supplier.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › GENERAL PROVISIONS › Section 13.1 - 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:
Advertisement
-Any promotion through the
						medium of newspapers, magazines or similar publications, except that the term
						does not include the following:
(i)
					 Any label affixed to a container of distilled spirits or wine, or any covering,
					 carton or wrapper of the container.
(ii) Any editorial or other reading matter in
					 any periodical, publication or newspaper for the preparation or publication of
					 which no money or other valuable consideration is paid or promised, directly or
					 indirectly, by any person subject to this subchapter.
Person
-An individual, partnership,
						joint-stock company, business trust, association, corporation or other form of
						business enterprise, including a receiver, trustee or liquidating agent.
Routine business entertainment
-Meals,
						beverages, tickets or passes to concerts, theaters, arts, sporting or
						charitable events provided to licensees, trade organizations or in-State
						manufacturers by licensees, trade organizations, in-State manufacturers or
						out-of-State manufacturers. For purposes of this definition, the term
						"licensee" includes all entities licensed under the Liquor Code including
						liquor importer licensees and vendor permittees.
Wine
-Any fermented alcoholic beverage
						produced from grapes, fruit or other agricultural products, which contains 7.0
						% or more alcohol by volume, and includes, but is not limited to, still wines,
						sparkling wines, carbonated wines, imitation wines, vermouth, cider, perry,
						sake or any product offered for sale as wine.
This section cited in 40 Pa. Code §
													13.51 (relating to general
						  prohibition).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › GENERAL PROVISIONS › Section 13.2 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No person
					 engaged in business as a producer, manufacturer, bottler, importer, wholesaler
					 or retailer of distilled spirits or wine, directly or indirectly, or through an
					 affiliate, shall publish, disseminate or cause to be published or disseminated
					 in any newspaper, magazine or similar publication, any advertisement of
					 distilled spirits or wine unless such advertisement is in conformity with this
					 subchapter.
(b) These provisions do
					 not apply to the publisher of any newspaper, magazine, or similar publication,
					 unless such publisher is engaged in business as a producer, manufacturer,
					 bottler, importer, wholesaler or retailer of distilled spirits, or wine,
					 directly or indirectly or through an affiliate.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › DISTILLED SPIRITS › Section 13.11 - Mandatory statements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every
					 advertisement of distilled spirits under this subchapter shall conform to the
					 following:
(1)
Responsible
					 advertiser.
The advertisement shall state the name and address of the
					 producer, manufacturer, bottler, importer or wholesaler responsible for its
					 publication. The street name and number may be omitted in the
					 address.
(2)
Class, type
					 and distinctive designation.
The advertisement shall contain a
					 conspicuous statement of the class, type or other designation of the product,
					 corresponding with the complete designation which appears on the brand label of
					 the product.
(3)
Alcoholic
					 content.
The alcoholic content shall be stated in the manner and form
					 in which it appears on the labels of the distilled spirits
					 advertised.
(4)
Percentage
					 of neutral spirits and name of commodity.
In the case of distilled
					 spirits (other than cordials, liqueurs, and specialties) produced by blending
					 or rectification, if neutral spirits have been used in the production, there
					 shall be stated in the advertisement the percentage of neutral spirits used and
					 the name of the commodity from which such neutral spirits have been distilled
					 in substantially the form in which such statements appear on the labels of the
					 distilled spirits advertised. In the case of neutral spirits or of gin produced
					 by a process of continuous distillation, there shall be stated in the
					 advertisement the name of the commodity from which such neutral spirits or gin
					 has been distilled substantially in the form in which such statement appears on
					 the labels of the distilled spirits advertised.
(5)
"Line" or "Brand"
					 advertisements.
Where an advertisement does not mention a specific
					 product but merely refers to a class of distilled spirits, and the advertiser
					 markets more than one brand of distilled spirits of that class, or where the
					 advertisement refers to several classes of distilled spirits marketed under a
					 single brand, the only mandatory information under this section applicable to
					 such advertisement is the name and address of the responsible
					 advertiser.
(6)
Retail
					 establishments.
Advertisements by retail establishments which merely
					 refer to the availability of distilled spirits in such establishments but which
					 make no other reference to a specific brand shall be subject only to the
					 provisions of §
												13.13 (relating to prohibited
					 statements).
(7)
Advertising of price and size.
Advertisements of distilled
					 spirits which show store prices shall use the phrase "Retail Price" in quoting
					 the current State Liquor Store retail price. Where reference to licensee
					 discount is made the advertisement shall display the statement "Discount to
					 Licensees," and such phrase should appear on the line below "Retail
					 Price."
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › DISTILLED SPIRITS › Section 13.12 - Lettering

Current through Register Vol. 54, No. 28, July 13, 2024
Mandatory statements required by this subchapter shall
						appear in lettering of a size, kind, and color sufficient to render them
						readily conspicuous and legible. Required information shall particularly
						conform to the following:
(1) It shall
					 be stated against a contrasting background and in type or lettering which is at
					 least the equivalent of eight-point type.
(2) It shall be so stated as to appear to be
					 part of the advertisement and shall not be separated from the remainder of the
					 advertisement in any manner.
(3) It
					 shall not be concealed in unrequired descriptive matter or decorative
					 designs.
(4) Where an advertisement
					 relates to more than one product, the required information shall appear in such
					 a manner as to clearly indicate the particular products to which it is
					 applicable.
This section cited in 40 Pa. Code §
													13.22 (relating to
						  lettering).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › DISTILLED SPIRITS › Section 13.15 - General prohibition and enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All types of advertising not specifically
					 permitted in this subchapter are prohibited.
(b) The advertising of anything unlawful is
					 prohibited.
(c) The Board may
					 investigate and order the immediate discontinuance of any acts in violation of
					 the provisions of this Subchapter.
(d) Nothing contained in this Subchapter
					 shall exclude any other enforcement power granted the Board either by the
					 provisions of the Liquor Code or any provisions of this title.
This section cited in 40 Pa. Code §
													13.25 (relating to general
						  prohibition and enforcement).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › DISTILLED SPIRITS › Section 13.16 - Further prohibitions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the prohibitions of this subchapter,
						advertisers of distilled spirits in publications shall comply with all further
						prohibitions contained in the Liquor Code, particularly in section 493
						(47
						P. S. §
												4-493).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › WINE › Section 13.21 - Mandatory statements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every
					 advertisement of wine subject to this subchapter shall conform with the
					 following:
(1)
Responsible
					 advertiser.
Every advertisement shall state the name and address of
					 the producer, bottler, importer or wholesaler responsible for its publication.
					 The street name and number may be omitted in the address.
(2)
Class, type and distinctive
					 designation.
Every advertisement shall contain a conspicuous statement
					 of the class, type or other designation of the product, corresponding with the
					 complete designation which appears on the brand label of the product.
(3)
Retail establishments.
Advertisements by retail establishments which merely refer to the availability
					 of wine in such establishments but which make no other reference to a specific
					 brand of wine shall be subject only to the provisions of §
												13.23 (relating to prohibited
					 statements).
(4)
Advertising of price and size.
Advertisements of wine which
					 show store prices shall use the phrase "Retail Price" in quoting the current
					 State Liquor Store retail price. Where reference to licensee discount is made
					 the advertisement shall display the statement "Discount to Licensees," and such
					 phrase should appear on the line below "Retail Price."
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › WINE › Section 13.22 - Lettering

Current through Register Vol. 54, No. 28, July 13, 2024
Mandatory statements required by this subchapter shall
						appear in lettering of a size, kind, and color sufficient to render them
						readily conspicuous and legible. Required information shall particularly
						conform to the provisions listed in §
											13.12 (relating to
						lettering).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › WINE › Section 13.25 - General prohibition and enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
The advertising of wine shall be subject to the
						regulations set forth in §
											13.15 (relating to general
						prohibition and enforcement).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 13 - PROMOTION › Subchapter A - ADVERTISING › WINE › Section 13.26 - Further prohibitions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the provisions of this subchapter,
						advertisers of wine in publications shall comply with all further prohibitions
						contained in the Liquor Code, particularly in section 493 (47 P. S. §
												4-493).