Subchapter G. LIMITED WINERY LICENSES

§ 3.61. [Reserved].

 Under section 505.2 of the Liquor Code (47 P. S. §  5-505.2), holders of a Limited Winery License may produce and sell wines, subject to § §  3.63, 5.103 and 11.111 (relating to agents; limited wineries; and sale by limited winery licensees).

   The provisions of this §  3.62 issued under sections 207(i) and 505.2(2) and (3) of the Liquor Code (47 P. S. § §  2-207(i) and 5-505.2(2) and (3)).

   The provisions of this §  3.62 adopted March 11, 1969; amended July 23, 1971, effective August 30, 1971, 1 Pa.B. 1562; amended September 13, 1974, effective September 14, 1974, 4 Pa.B. 1948; amended March 11, 1983, effective March 12, 1983, 13 Pa.B. 984. Immediately preceding text appears at serial page (18428).

 A limited winery licensee may employ individuals to solicit orders, off the licensed premises, for wine produced by it or to promote the sale of wines off the premises. Agents may advertise and promote the sale of merchandise by ‘‘missionary work’’ of only brands sold by the limited winery licensee by whom the agents are employed and may solicit orders from licensees and make deliveries in properly registered vehicles.

   The provisions of this §  3.63 issued under sections 207(i) and 505.2(2) and (3) of the Liquor Code (47 P. S. § §  2-207(i) and 5-505.2(2) and (3)).

   The provisions of this §  3.63 adopted March 11, 1969; amended July 23, 1971, effective August 30, 1971, 1 Pa.B. 1562; amended September 13, 1974, effective September 14, 1974, 4 Pa.B. 1948; amended January 16, 1981, effective January 17, 1981, 11 Pa.B. 355; amended June 18, 1982, effective July 1, 1982, 12 Pa.B. 1860; amended March 11, 1983, effective March 12, 1983, 13 Pa.B. 984; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; amended December 17, 1999, effective December 18, 1999, 29 Pa.B. 6337. Immediately preceding text appears at serial pages (234063) to (234064).

 (a)  Additional locations, as authorized by section 505.2(3) of the Liquor Code (47 P. S. §  5-505.2(3)) may not be used by a limited winery licensee in the operation of a licensed business unless approved by the Board.

   (1)  An application for an additional location shall be made to the Board, accompanied by a $220 fee. A renewal application shall be submitted annually and be accompanied by a $75 fee.

   (2)  Applications for additional Board-approved locations may be submitted on a prior approval basis. If plans are approved, the necessary construction or alterations shall be completed within 6 months of the approval. Business may not be transacted until the premises has been reinspected and the Board has approved the completed construction or alterations.

   (3)  Portions of an additional Board-approved location premises shall be contiguous.

   (4)  Additional Board-approved locations of a limited winery license shall be under the control of a manager appointed in accordance with §  5.16 (relating to appointment of managers).

   (5)  Additional Board-approved locations of a limited winery license shall be enclosed by soundly constructed walls, with controlled points of access and egress directly accessible to the general public from a public thoroughfare.

   (6)  Limited winery licensees shall provide Board officers conducting licensing investigations of additional locations with the following:

     (i)   Leases which contain percentage agreements.

     (ii)   Management agreements.

     (iii)   Employe agreements.

     (iv)   Commission agreements.

 (b)  Limited winery licensees shall notify the Board immediately upon discontinuing use of an additional location.

   The provisions of this §  3.64 issued under sections 207(i) and 505.2(2) and (3) of the Liquor Code (47 P. S. § §  2-207(i) and 5-505.2(2) and (3)).

   The provisions of this §  3.64 adopted March 11, 1983, effective March 12, 1983, 13 Pa.B. 984; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145. Immediately preceding text appears at serial pages (165837) to (165838).

   This section cited in 40 Pa. Code §  11.111 (relating to sale by limited winery licensees).