Subchapter I. SALE OF ALCOHOLIC BEVERAGES ON SUNDAY


Sec.


11.171.    Statutory provisions.
11.172.    Application for Sunday sales permit.
11.173.    Issuance.
11.174.    Provisional Sunday sales permit.
11.175.    Duration of Sunday sales permit.
11.176.    Renewal.

§ 11.171. Statutory provisions.

 (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.

Source

   The provisions of this §  11.171 adopted July 23, 1971, effective July 24, 1971, 1 Pa.B. 1561; amended November 22, 1996, effective November 23, 1996, 26 Pa.B. 5699. Immediately preceding text appears at serial page (205198).

§ 11.172. Application for Sunday sales permit.

 (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.

 (b)  The licensee shall be strictly liable for the accuracy of the information contained in the application and any inaccuracy shall be cause to show why the license should not be suspended or revoked or a fine imposed.

Source

   The provisions of this §  11.172 adopted July 23, 1971, effective July 24, 1971, 1 Pa.B. 1561; amended August 22, 1986, effective October 1, 1986, 16 Pa.B. 3114; corrected September 5, 1986, effective October 1, 1986, 16 Pa.B. 3292; amended November 22, 1996, effective November 23, 1996, 26 Pa.B. 5699; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial page (222623).

Notes of Decisions

   Administrative Law Judges

   An administrative law judge may suspend or revoke a liquor license for violations of the Liquor Code or these regulations. Because issuance of a liquor license was a prerequisite to the issuance of a Sunday Sales Permit, and such a permit only related to a licensee’s ability to sell liquor between certain hours on Sunday and Monday mornings, there was inherent in an administrative law judge’s power to suspend or revoke a liquor license the power to suspend or revoke a Sunday Sales Permit. Shenanigans of Lake Harmony, Inc. v. Liquor Control Board, 654 A.2d 166 (Pa. Cmwlth. 1995).

   As the liquor licensee furnished false information on its Sunday Sales Permit renewal application and failed to meet the minimum required sales ratios, the order imposing a fine and revocation of the permit was supported by substantial evidence. State Police v. Boots & Bonnet, Inc., 630 A.2d 541 (Pa. Cmwlth. 1993).

   A licensee must fill out an application to make Sunday sales and certify that sales of food and nonalcoholic beverages equals 40% of the food and alcoholic beverage sales. Falsifying information on the application resulted in a $400 fine and revocation of the Sunday sales permit. State Police v. Boots, 630 A.2d 541 (Pa. Cmwlth. 1993).

Cross References

   This section cited in 40 Pa. Code §  11.174 (relating to provisional Sunday sales permit); and 40 Pa. Code §  11.176 (relating to renewal).

§ 11.173. Issuance.

 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.

Source

   The provisions of this §  11.173 adopted July 23, 1971, effective July 24, 1971, 1 Pa.B. 1561; amended August 22, 1986, effective October 1, 1986, 16 Pa.B. 3114; corrected September 5, 1986, effective October 1, 1986, 16 Pa.B. 3292. Immediately preceding text appears at serial page (45498).

§ 11.174. Provisional Sunday sales permit.

 (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.

 (b)  An application for a provisional Sunday sales permit shall be filed within 90 days of the grant of a new license, the transfer of an existing license or the release of a license from safekeeping, whichever applies. The provisional Sunday sales permit is valid for a period of 120 days from the date of issuance, exclusive of periods of safekeeping. After 90 days from the date of issuance, the licensee has the right to file an application for a Sunday sales permit under §  11.172 (relating to application for Sunday sales permit). The licensee will be required to pay an additional full fee in order to renew the provisional Sunday sales permit when the 120-day period extends into a new license year. If the licensee qualifies for a Sunday sales permit, the provisional Sunday sales permit fee submitted for the license year in question shall be applied in full. If the licensee fails to qualify for a Sunday sales permit, the fee submitted with the application for a provisional Sunday sales permit is forfeited.

Source

   The provisions of this §  11.174 adopted July 23, 1971, effective July 24, 1971, 1 Pa.B. 1561; amended October 28, 1977, effective October 29, 1977, 7 Pa.B. 3198; amended September 28, 1979, effective September 29, 1979, 9 Pa.B. 3320; amended August 22, 1986, effective October 1, 1986, 16 Pa.B. 3114; corrected September 5, 1986, effective October 1, 1986, 16 Pa.B. 3292. Immediately preceding text appears at serial pages (45498) to (45499).

§ 11.175. Duration of Sunday sales permit.

 Sunday sales permits issued by the Board shall be valid only for the license year during which issued.

Source

   The provisions of this §  11.175 adopted July 23, 1971, effective July 24, 1971, 1 Pa.B. 1561.

§ 11.176. Renewal.

 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.

Source

   The provisions of this §  11.176 adopted July 23, 1971, effective July 24, 1971, 1 Pa.B. 1561; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial page (222625).



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