Subchapter F. DISPOSITION OF LIQUOR AND MALT
OR BREWED BEVERAGES UNDER
CERTAIN CONDITIONS

§ 9.111. Alcoholic beverages held by estates; legal process; licensees who have discontinued business.

 (a)  Liquor.

   (1)  Liquor purchased from a State Liquor Store and forming part of the estate of a decedent or bankrupt or liquor so purchased and in the custody of the law under legal process, may not be sold except to the Board as provided in this subchapter.

   (2)  Liquor purchased from a State Liquor Store by a licensee of the Board and in the possession of the licensee at the time he discontinues business, by transfer of his license or otherwise, may be sold by the licensee or may be repurchased from him by the Board, but only under this subchapter.

 (b)  Malt or brewed beverages. Malt or brewed beverages shall be disposed of in accordance with the following:

   (1)  Malt or brewed beverages purchased from a licensed distributor or importing distributor or brewery, forming part of the estate of a decedent or bankrupt, or in the custody of the law under legal process, may be sold only to the licensed distributor, importing distributor or brewery from whom originally purchased. Except and only in the event the Commonwealth or an agency thereof, obtains the custody, possession, right of possession, or the title to the malt or brewed beverages under legal process or under judicial sale, the Commonwealth or the agency may sell such malt or brewed beverages to any distributor of any class or to the manufacturing brewery who or which is licensed and authorized to buy and sell malt or brewed beverages, and such brand or brands of malt or brewed beverages.

   (2)  Malt or brewed beverages in the possession of a licensee at the time he discontinues business by transfer of his license or otherwise, may be sold only to the transferee of the license or to the distributor, importing distributor or brewery from whom originally purchased.

 Persons other than the purchasers and licensees who have discontinued business, who possess and desire to sell liquor purchased from State Liquor Stores, shall file with the Board a sworn statement containing the following as applicable:

   (1)  Executors and administrators.

     (i)   Name and address of the decedent, and date of death.

     (ii)   Name and address of the executor or administrator, who shall file with the statement a short form certificate from the Registrar of Wills.

     (iii)   Description of the liquor, including brand name, size and number of containers of each brand.

   (2)  Receivers and trustees in bankruptcy.

     (i)   Name and address of bankrupt, and date of bankruptcy.

     (ii)   Name and address of receiver or trustee, who shall file with the statement a certified copy of his appointment or election, and a certified copy of the order of court authorizing or directing the sale of liquor.

     (iii)   Description of the liquor, including brand name, size and number of containers of each brand.

   (3)  Officers of the law.

     (i)   Name and address of debtor, and nature of debt.

     (ii)   Name and address of sheriff, constable or other officer of the law, who shall file with the statement written evidence of his authority to act, together with the name of court, and number and term or name of magistrate.

     (iii)   Description of the liquor, including brand name, size and number of containers of each brand.

   (4)  Licensees who have discontinued business without transfer of license.

     (i)   Name and address of licensee.

     (ii)   Written statement under oath that the licensee has discontinued his licensed business and the date thereof.

     (iii)   Description of the Liquor, including brand name, size and number of containers of each brand.

   (5)  Licensees who have sold their licensed business together with the liquor license. Reference should be made to §  9.114 (relating to licensees who have sold their licensed business).

 (a)  Upon receipt of the information required and verification thereof, the Board may, in its discretion, arrange to repurchase at the price paid by the licensee or the then available price to licensees, whichever is lower, less 12.5% handling charges, all such liquor purchased from State Liquor Stores.

 (b)  The repurchases will be confined to saleable liquor in the original containers, unopened and with revenue stamps attached, as when originally sold by the State Liquor Stores.

 When a licensee sells his licensed business, and transfer of the license is approved, the Board may, in its discretion, repurchase the liquor in his possession at the time of the transfer of the license; or the licensee may, if he so desires, sell the liquor to the transferee of his license, provided the licensee, at the time the application for transfer of his license is filed, notifies the Board in writing of his intention to include the liquor, or a designated quantity thereof, in the sale of his licensed business, and provided further the licensee furnishes a sworn statement containing a description of the liquor, including brand name, size, and number of containers of each brand so sold to the transferee, when the transfer of the license is approved.

   The provisions of this §  9.114 adopted June 26, 1952; amended through August 29, 1966.

 Sales of other than State Store liquor, or of State Store liquor contrary to the provisions of this subchapter, are prohibited, except where made by licensees in accordance with the provisions of the Liquor Code.

   The provisions of this §  9.115 adopted June 26, 1952; amended through August 29, 1966.