Thursday, November 8, 2012

Wikipedia article on Pennsylvania Liquor Licenses

Alcohol laws of Pennsylvania

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Location of Pennsylvania
The alcohol laws of Pennsylvania are some of the most restrictive in the United States of America, and contain many peculiarities not found in other states.[citation needed]

Contents

Alcohol sales

For consumption off-premises

Pennsylvania is an alcoholic beverage control state. Wine and spirits are to be sold only in the state owned Wine And Spirits shops, where all prices must remain the same throughout the state (county sales tax may cause the price to differ slightly). People under the age of 21 are allowed to enter Wine and Spirits shops, contrary to popular belief - but only if accompanied by a parent or guardian. The standard business hours for these stores are 9am to 9pm Monday through Saturday with only a hand full of stores open to 10pm such as Franklin Mills or Columbus Blvd. Previously, all state-controlled stores were closed on Sundays, but now certain locations are open. Searches for store locations, hours and phone numbers are available on the PLCB web site. Wineries are common throughout the commonwealth, and often sell their wines at storefronts in shopping malls, and persons under the age of 21 are permitted to enter these establishments. Wine was available for a short time in supermarket kiosks, but this practice has ended.[1][2]
Beer may only be purchased from a restaurant, bar, licensed beer store, or distributor. Beer distributors mainly sell cases and kegs of beer, not smaller volumes of beer such as six packs. Six and twelve packs, along with individual bottles such as 40 ounce or 24 ounce beers, are sold at bars, restaurants, and licensed retailers. A consumer is limited to 192[3] ounces of beer per purchase. For larger quantities one must go to a beverage distributor which sells beer only by the case or keg. Beverage distributors (which also sell soft drinks) may sell beer and malt liquor, but not wine or hard liquor. Unlike the Wine and Spirits shops, people under 21 may enter most beverage distributors without an adult, since most distributors also sell water, soda, ice, and some snack foods. They are subject to the rules of the individual establishment.
Some supermarkets, including Wegmans, Giant Eagle, Giant (of Hanover), and Weis, have begun to sell alcohol within restaurants attached to the main supermarket building, but only under very specific conditions (the restaurant must have a defined separation from the rest of the supermarket, a separate cashier, and seating for at least 30 patrons). Supermarket chain ShopRite has begun to attach Wine and Spirits stores to its stores. For a time, Sheetz obtained a liquor license for a restaurant attached to one of its convenience stores in Altoona.[4] After several debates, the Supreme Court of Pennsylvania ruled that the store must sell beer to in-house customers as well as take-out.[5] The 17th Street store now again sells beer and allows limited in store consumption.[6]

Non-alcoholic beer

Even though beer labeled "non-alcoholic" contains less than 0.5% alcohol by volume and can be sold at supermarkets, Pennsylvania requires a person to be over the age of 18 to both purchase and consume non-alcoholic beer. A person under the age of 18 consuming non-alcoholic beer is subject to arrest for underage drinking just as if they were drinking alcohol. These laws are more restrictive than those of most other states.

For consumption on-premises

Closing time for bars in Pennsylvania is 3 a.m. for private clubs and 2 a.m. for restaurants/bars.

Attempts to privatize

Pennsylvania state law makers have attempted to privatize the sales of wine and spirits in the commonwealth. The state has had a monopoly over the sales of wine and spirits since the repeal of prohibition. In the 2011 legislative session the privatization of sales of wine and spirits has been the focus of some controversy. This controversy is due to the budget deficit that the commonwealth faces. Supporters of the bill argue the sales taxes, and selling licenses could generate nearly $1 billion worth of revenue for the state.
In the 2012 session, House Majority Leader Mike Turzai, with the backing of Governor Tom Corbett, announced a plan to issue 1,600 new liquor store licenses and auction the 600-plus liquor stores currently owned by the state. Stores would be allowed to sell beer in any configuration and without limit. Supporters say it could raise as much as $1.6 billion for the state. Opponents say that the proposed pricing would make it difficult for mom-and-pop stores to afford such licenses. Major opponents include the liquor store clerks union and the Pennsylvania Beer Alliance.[7]

Drinking age

The minimum drinking age in Pennsylvania is 21 years. Minors are prohibited from purchasing, possessing, or consuming alcohol. Persons over the age of 18 are permitted to serve alcohol, so an exception is made in the possession portion of the law in this respect. Exceptions for consuming alcohol are made for religious or medicinal purposes.
A person under the age of 21 may also be arrested, charged, and convicted of underage drinking through constructive possession, even if they had not consumed any alcohol, simply by being in the presence of alcohol. This is mainly exercised when officials break up large parties or other events where alcohol is being consumed and the issuance of chemical tests to every individual is deemed impractical.

Drunk driving

Like every other state in the United States, driving (driving, operating or being in actual physical control of the movement of vehicle) under the influence is a crime in Pennsylvania, and is subject to a great number of regulations outside of the state's alcohol laws. Pennsylvania's maximum blood alcohol level for driving is 0.08% for persons at or over the age of 21 (with suspension of license on the first offense), and 0.04% for a person operating a commercial vehicle (0.02% for a school bus) with revoking of the license on the first offense.[8] For those under 21, Pennsylvania follows a "zero tolerance" policy, meaning that any BAC over 0.02% is enough to warrant a DUI (the small allowance is for certain medicinal purposes such as some cold medicines that contain alcohol). Penalties include fines, license suspension, and possible imprisonment.[9]

See also

Frequently asked questions for a Pennsylvania Liquor License

For the link to the Pa Liquor Control Board frequently asked questions, click here:

 http://www.portal.state.pa.us/portal/server.pt/gateway/PTARGS_0_0_109788_0_0_43/http;/pubcontent.state.pa.us/publishedcontent/publish/cop_general_government_operations/lcb/content/pennsylvania_liquor_control_board/for_licensees/general/bureau_of_licensing_frequently_asked_questions.html?qid=50495849&rank=1

 

FAQ, in general








How do I apply for a Pennsylvania liquor license?

There are several different ways in which to obtain a liquor license in Pennsylvania. To obtain a new license, an application must be submitted to the state's Bureau of Licensing to be reviewed by the Board. All applications and forms can be found on the Pennsylvania Liquor Control Board's website, www.lcb.state.pa.us
An applicant might also obtain a liquor license through the transfer of an existing license from a person currently owning and/or operating a licensed establishment. There are three scenarios in which this can occur.
If the ownership of a licensed establishment should change, the new owner must submit an application with the state to have the existing license transferred to him/her. Upon approval of the application, the new owner would be allowed to operate at the same premises.
If a license-holding owner should wish to change the location of their establishment without a change in ownership, an application would need to be submitted to the state.
An application must also be submitted if both the owner of the license and the location of the establishment will change.

Who is required to get a liquor license?

The state of Pennsylvania requires that anyone wishing to distribute or sell alcoholic beverages must apply for a liquor license and be approved to do so. The owner of the license must follow all of the regulations set forth by the Pennsylvania Liquor Control Board (PLCB).

Who governs the issuance of a Liquor License in Pennsylvania?

All matters pertaining to the licensing and transferring of liquor licenses must be reviewed and approved by the Pennsylvania Liquor Control Board.

How long is a Pennsylvania Liquor License valid?

Typically, wholesale and retail liquor licenses must be renewed every other year.
In the opposite year, validation of these licenses must be reviewed. There are several other types of licenses and permits whose renewal and validation cycles can vary.

What is the quota system? On what is it based?

Generally, the distribution of liquor licenses in Pennsylvania is regulated by what is called the “quota system”. Based upon statistics gathered in the ten-year census, one retail liquor license is available for every three thousand inhabitants of a county. Once the quota has been met, no new liquor licenses will be issued. If an owner wishes to move their business into a municipality that has already met their quota, written permission must be granted by the municipality prior to the Board’s consideration of the application.

If I sell my establishment, can the new owner operate on my license until theirs is approved?

No. In order for the new owner to be allowed to operate, they must complete and submit an application for the transfer of a liquor license to the Bureau of Licensing and await approval before being allowed to operate. All forms and applications can be found on the PLCB’s webpage, www.lcb.state.pa.us


What are the main types of liquor licenses?

Although there are others, the main types of liquor licenses are restaurant liquor licenses, eating place (deli) licenses, hotel liquor licenses, club liquor licenses, importing distributor licenses and distributor liquor license. The most common license is the restaurant liquor license, which are held by fine dining restaurants and local bars. These licensees must have a food service component. Importing distributor and distributor licenses may sell beer and malt beverages, in case lots, to other licensees and the general public.

Can a liquor license be moved to another location?

Restaurant liquor licenses, eating place (deli) licenses, hotel licenses and club licenses may be transferred only within the municipality for which is currently licensed. Importing distributor and distributor licenses may be transferred anywhere within he county in which it is issued.

How much does a liquor license cost?

There is no fixed price for a liquor license in Pennsylvania. In most municipalities in Pennsylvania, because of the quota law, the only way to obtain a liquor license is by purchasing an existing license. The sales price of license is dictated entirely by the market based on supply and demand. Depending on location and the type of license, licenses have been sold from $5,000 to $400,000.

How much are the filing fees related to a liquor license transfer?

The exact fee for each transaction depends on fees charged by the State for any particular transaction will range between $700 and $2000 depending on the type of license, the location and the desire for ancillary permits such as Sunday sales and Amusement Permit. You will also have to secure a bond to accompany the application which will cost approximately $100.

How long does it take to get a liquor license?

As a general rule, a license transfer application can be expected to take between 60 and 90 days for the filing of the application to PLCB approval. The better prepared you are for the investigation, the quicker you can expect approval.

Can a liquor license be moved near a school, church or other licensee?

Proximity of churches, schools and other licenses can, but will not necessarily, prevent the transfer of a liquor license. The Liquor Code gives the Liquor Control Board the discretion to deny the transfer of any liquor license to a place located within 200 feet from any current licensee or 300 feet from any school or religious institution. The existence of one these institutions does not automatically prevent a license from being transferred to such a premises. The Liquor Control Board has the power to approve the transfer, despite the existence of one of these institutions and even over its objection, but it must be convinced.

Are there minimum requirements on buildings where a liquor license can be placed?

Restaurant liquor licenses must have a minimum of 400 square feet with a kitchen, tables and chairs and sufficient food to serve 30 patrons. An Eating Place license must have 300 square feet but can only sell beer and other malt beverages. Any building, proposed to be licensed as an importing distributor, must have a minimum of 2,500 square feet in floor space. A distributor licensee must have a minimum of 1,000 square feet in floor space.

Is it hard to get a liquor license?

For a qualified applicant, putting a license into a qualified premises, it is not hard to get a liquor license. The nature of the Board's investigation review of applications takes several months but all proper applications are approved.

Definitions of Pennsylvania Liquor Licenses

Restaurant (R) Liquor License

The primary purpose of the "R" licensed establishment is to give public restaurant service. The service of liquor, wine or beer products is ancillary to the restaurant function. Further criteria include:
1. Interior dimensions must be no less than 400 square feet
2. Seating for at least 30 patrons, or its equivalent table seating

Even though "R" licensees may serve liquor, wine and beer products, they are under the same restrictions as "E" licensees regarding the sale of these products for take-out purposes. 

"R" licensees may not sell any single, open container of alcoholic beverage for consumption outside the establishment. 

The "R" licensees are referred to as a bar or tavern. These establishment can encompass anything from an elegant, family dining operation to a small corner bar.

This license is restricted by the County-Quota Law.
Operational Hours:
  • Open for business & alcohol sales Monday - Saturday from 7:00 AM until 2:00 AM the following morning.
  • No sales of alcoholic, malt or brewed beverages can take place after 2:00 AM. All unfinished alcoholic beverages must be collected and all patrons must depart the premises by 2:30 AM.
  • All entertainment (i.e. live bands) must cease at 2:00 AM.
  • Establishments with a Sunday Sales Permit (SS) may begin serving alcoholic beverages on Sundays at 11:00 AM and remain open until 2:30 AM Monday.
  • Establishments without a Sunday Sales Permit (SS) may serve alcoholic beverages beginning at 1:00 PM on Super Bowl Sunday, and St. Patrick's Day and December 31 if occurring on a Sunday.
  • Open regular hours on Election Day.

Club (C) and Catering Club (CC) Liquor License

"C" and "CC" licensed establishments must operate for the good of the club membership and in a fraternal sense. The sale of alcoholic beverages must be secondary to the actual reason for the club's existence. Incorporated clubs must exist for a minimum of one year prior to applying for a liquor license. Unincorporated clubs must exist for a minimum of ten years prior to a liquor license being granted.
The club must possess an original charter and must hold regular meetings open to its members, conduct legitimate business through elected officers, admit members by written application, investigation and ballot, charge and collect dues and maintain required records. A club is not an organization used to accommodate a private bar operation. Additionally, no individual is allowed to own a club.
"CC" licensees may allow groups in the establishment for weddings or private affairs with prior arrangement. Private clubs are forbidden to sell alcoholic beverages for take-out purposes.
Operational Hours:
  • Sales and giving/furnishing of alcohol may begin at 7:00 AM.
  • Sales and giving/furnishing of alcohol must cease at 3:00 AM.
  • All unfinished alcoholic beverages must be collected and all patrons must depart the premises by 3:30 AM.
  • Clubs (C) and Catering Clubs (CC) may be open 7 days a week. Clubs (C) and Catering Clubs (CC) may be open on Election Day.

Distributor (D) Liquor License

These licenses concern neighborhood beer distributors. Sales are for off-premises consumption only and these sales must be made in original containers of no less than one case of twenty-four (24) containers or seven (7) ounces. "Twelve packers" are acceptable, but the single containers of beer products must be at least twenty-four (24) ounces. Single containers holding more than 128 ounces are acceptable. In most cases, single container sales involve kegs of beer or beer products.
An Importing Distributor is a variation of this type of license. These generally are very large operations which maintain large amounts of beer products and usually sell only to other smaller "D" licensees and not to the public. This license is restricted by the County-Quota Law.
Operational Hours:
  • These licensees may open at 2:00 AM Monday and remain open continuously, 24 hours a day, until midnight Saturday. They must remain closed from 12:01 AM Sunday through 2:00 AM Monday.
  • These licensees may be open on Election Day.

Eating Place (E) Liquor License

The primary purpose of the "E" licensed establishment is the regular preparation and service of food. The interior dimensions of the establishment must be no less than 300 square feet, equipped with at least thirty (30) chairs, or the equivalent seating, at tables for public use.
"E" licensees may only sell beer or its variants; liquor and wine sales are forbidden. The licensee can sell up to 192 fluid ounces of beer products, in original containers, for take-out purposes. "E" licensees may not sell any single, open container of alcoholic beverage for consumption outside the establishment.
The "E" licensed establishment is commonly referred to as a delicatessen or corner store. This license is restricted by the County-Quota Law.
Operational Hours:
  • Open for business & alcohol sales Monday - Saturday from 7:00 AM until 2:00 AM the following morning.
  • No sales of alcoholic, malt or brewed beverages can take place after 2:00 AM.
  • All unfinished alcoholic beverages must be collected and all patrons must depart the premises by 2:30 AM.
  • All entertainment (i.e. live bands) must cease at 2:00 AM. Establishments with a Sunday Sales Permit (SS) may begin serving alcoholic beverages on Sundays at 11:00 AM and remain open until 2:30 AM Monday.
  • If Dec 31 falls on a Sunday, establishments with out a Sunday Sales Permit (SS) may serve alcoholic beverages beginning at 1:00 PM.
  • May open during regular hours on Election Day.
  • Establishments with out a Sunday Sales Permit (SS) may not be open Super Bowl Sunday or St. Patrick's Day if it falls on a Sunday.

Hotel (H) Liquor License

An "H" licensee must operate the dining and alcohol service areas in the same manner as an "R" licensee. In addition, the "H" licensed establishment, depending on population, must have 12 to 50 permanent bedrooms for public use, a separate dining room(s) for at least 30 people and a separate kitchen. This type of licensed establishment can encompass anything from a recognizable hotel operation to a corner bar. Mandatory sleeping accommodations and a kitchen on the premises are the differences between the "R" and "H" licenses.
Operational Hours:
  • Open for business & alcohol sales Monday - Saturday from 7:00 AM until 2:00 AM the following morning.
  • No sales of alcoholic, malt or brewed beverages can take place after 2:00 AM. All unfinished alcoholic beverages must be collected and all patrons must depart the premises by 2:30 AM.
  • All entertainment (i.e. live bands) must cease at 2:00 AM.Establishments with a Sunday Sales Permit (SS) may begin serving alcoholic beverages on Sundays at 11:00 AM and remain open until 2:30 AM Monday.
  • Establishments without a Sunday Sales Permit (SS) may serve alcoholic beverages beginning at 1:00 PM on Super Bowl Sunday, and St. Patrick's Day and December 31 if occurring on a Sunday.
  • Open regular hours on Election.

Amusement Permit (AP)

This permit allows for live entertainment, dancing by patrons/entertainers, shows, etc., within the premises. Without an "AP" permit, the licensee is restricted to television, jukebox and live instrumental music. No vocal entertainment is permitted.
"AP" permits have several restrictions. Among them, no entertainment/dancing is allowed to be visible and no noise is allowed to be heard from outside of the premises. The "AP" permit is not valid after 2:00 AM. Private clubs are not required to hold PLCB issued "AP" permits (Refer to Title 40, § 5.31 and § 5.32).

Extended Hours Food (EHF) Permit

The "EHF" permit affects hours after 2:00 AM. This permit allows a licensed establishment to remain open after 2:30 AM for the purpose of maintaining restaurant business. To qualify for this permit, the licensee must qualify for, or hold, a "SS" permit.
Even with an "EHF" permit, the licensee must close down the alcoholic beverage sales portion of business no later than 2:00 AM and collect all unfinished alcoholic beverages by 2:30 AM. No patrons can legally possess any alcoholic beverage on the premises after 2:30 AM. Private clubs do not qualify for the "EHF" permit.

Sunday Sales (SS) Permit

No licensee holding a "H", "R" or "E" license may open for the sale of alcoholic beverages on a Sunday unless the licensee has been granted a "SS" permit. Holders of the "SS" permit may open at 11:00 AM Sunday and remain open until 2:00 AM Monday.
To qualify for this permit, the licensee must certify, through an accountant, that the establishment sells a minimum of 40% food and non-alcoholic beverages on an annual basis. A common misconception is that the licensed establishment must sell at least 40% food and non-alcoholic beverages on Sunday -- this is not accurate.