Subchapter A. GENERAL PROVISIONS


Sec.


3.1.    Definitions.
3.2.    License districts; license periods.
3.3.    Validation of licenses; late filing fees.
3.4.    Fees.
3.5.    Replacement of license.
3.6.    Individual financial disclosure affidavit.
3.7.    Reporting changes.
3.8.    Certificate of completion; certificate of approval: letter of authority.
3.9.    Interests of minors.

Source

   The provisions of this Subchapter A adopted June 26, 1952, unless otherwise noted.

§ 3.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Authorized agent—An individual whose signature appears on the reverse side of a Wholesale Liquor Purchase Permit Card, provided the individual is regularly employed in the business or establishment of a permit holder.

   Bar/counter—A smooth flat surface affixed to the premises on which drinks and food are served.

   Bench—A long seat for more than one person.

   Booth—A table usually surrounded by one or two benches, serving as partitions.

   Chair—A single seat with back, often with arms, and supported on legs or a pedestal.

   Eating space—A space at least 18 inches wide by 12 inches deep, which is suitable for a service setting of plate, utensils and drink.

   Management contract—An agreement between a licensee and a management company to operate, manage or supervise all or part of the operation of the licensed premises.

   Permit holder—A retail liquor licensee, registered pharmacist, hospital, State-owned institution, manufacturing pharmacist or chemist, manufacturer of products for nonbeverage purposes, or other person to whom a Wholesale Liquor Purchase Permit has been issued by the Board.

   Retail liquor licensee—A person, partnership, association or corporation holding a hotel, restaurant, club or public service liquor license or other license issued under the Liquor Code for the sale of liquor and malt or brewed beverages at retail.

   Seating—The number of patrons able to be served meals in a restaurant or eating place retail dispenser premises where a stool, chair, booth or bench is provided to sit on, and where an eating space is provided.

   Stool—A backless and armless single seat supported on legs or a pedestal.

   Table—A piece of furniture having a smooth flat top supported by one or more vertical legs.

Authority

   The provisions of this §  3.1 amended under section 207(i) of the Liquor code (47 P. S. §  2-207(i)).

Source

   The provisions of this §  3.1 amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139; amended March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149. Immediately preceding text appears at serial pages (312227) to (312228).

§ 3.2. License districts; license periods.

 (a)  In accordance with applicable provisions of the Liquor Code, the Board has established multiple year license periods for renewal of licenses. License periods for hotel, restaurant, club and eating place licenses will be established for up to 2 years and license periods for other licenses and permits may be set by the Board up to a maximum of 4 years. License periods will be staggered across this Commonwealth to facilitate efficient and expedient processing of initial applications, license validations and renewals.

 (b)  Revision to established license districts/periods will become effective as deemed appropriate by the Board.

 (c)  Notification of revised license districts and license periods will be provided directly to individual licensees by the Board.

 (d)  Applicable license fees as prescribed by section 614-A of The Administrative Code of 1929 (71 P. S. §  240.14A) shall be payable on an annual basis in conjunction with either license validation or renewal.

 (e)  When revisions to license districts/periods result in the issuance of partial year licenses to accommodate transition to newly established license districts/periods, a license so affected will be renewed on a prorated fee basis in accordance with the number of months the license will be valid.

Source

   The provisions of this §  3.2 adopted June 26, 1952; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2885. Immediately preceding text appears at serial pages (146538) and (179079).

§ 3.3. Validation of licenses; late filing fees.

 (a)  To qualify as timely filed, an application for validation of license shall be filed with requisite license and filing fees and tax clearance, if applicable, at least 60 days before the effective date of validation or the license shall be subject to appropriate late filing fees. Upon objection from the Department of Revenue or the Department of Labor and Industry, or both, pertaining to lack of tax clearance, clearance shall be obtained from either or both Departments, as appropriate, at least 60 days prior to the effective date of validation.

 (b)  The Board may accept validation applications filed less than 60 days before the effective date of validation upon the payment of the requisite license and filing fees and an additional late filing fee of $100. A validation application filed on or after the effective date of validation shall be accompanied by the requisite license and filing fees and an additional late filing fee of $250. A validation application will not be considered for approval unless accompanied by the requisite filing, license and late filing fees, and tax clearance if appropriate, from the Department of Revenue and the Department of Labor and Industry.

 (c)  Outstanding issues related to validation or renewal of a license shall be satisfied before the Board will consider additional action or processing of license matters.

 (d)  The authority to dispense alcoholic beverages under a license shall be contingent upon validation or renewal of the license by the Board.

Source

   The provisions of this §  3.3 adopted June 26, 1952; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2885. Immediately preceding text appears at serial page (179079).

§ 3.4. Fees.

 Applications for new licenses and renewal or validation of licenses subject to this subchapter shall be accompanied at the time of filing by remittance covering required filing fees, license fee and related license or permit fees associated with authority to operate.

Source

   The provisions of this §  3.4 adopted June 26, 1952; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2885. Immediately preceding text appears at serial page (179080).

§ 3.5. Replacement of license.

 If a licensee loses the original copy of his liquor license, the licensee shall obtain an application for a duplicate license from a State Liquor Store. The application shall be returned to the store with a fee of $10 and a letter explaining the loss of the original license. Upon receipt by the Board of the application, fee and letter, a duplicate license will be issued. If the original copy of the liquor license is found, the licensee shall return the duplicate license to the Board within 10 days.

Source

   The provisions of this §  3.5 adopted June 18, 1982, effective July 1, 1982, 12 Pa.B. 1860; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145. Immediately preceding text appears at serial page (165824).

§ 3.6. Individual financial disclosure affidavit.

 (a)  An applicant for a new license, the transfer of a license or extension of premises shall report financial arrangements related to the purchase of the license and business and items incidental thereto including, but not limited to, the following:

   (1)  Inventory.

   (2)  The lease or purchase of equipment and real estate.

   (3)  Construction or renovation costs.

 (b)  The information shall be reported on forms provided by the Board.

Source

   The provisions of this §  3.6 adopted August 22, 1986, effective October 1, 1986, 16 Pa.B. 3114; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial pages (205115) to (205116).

§ 3.7. Reporting changes.

 While an application for a new license, the transfer of a license or extension of premises is pending, the applicant shall immediately advise the Board of a change in the information provided on the application or individual financial disclosure affidavit.

Source

   The provisions of this §  3.7 adopted August 22, 1986, effective October 1, 1986, 16 Pa.B. 3114.

§ 3.8. Certificate of completion; certificate of approval; letter of authority.

 (a)  Upon Board approval of an application for new license, transfer of a license or extension of premises, the Board will issue a certificate of approval to the applicant. The Board will also issue a letter of authority which shall authorize the applicant to operate the licensed premises for no more than 30 days. If the application is for an extension of premises, the letter of authority shall be effective immediately. If the application is for a new license, the letter of authority shall be effective when the applicant acquires the right to occupy the premises. If the application is for the transfer of a license, the letter of authority shall be effective upon completion of the underlying financial transaction. Within 15 days of completion of transactions necessary to complete the process, the applicant shall submit a certificate of completion to the Board, indicating that the financial arrangements were completed as reported or modified. The certification shall be on forms provided by the Board. If the application is a transfer application, then the certificate of completion must be signed by the transferor and the transferee. Failure to submit a properly executed certificate of completion may void the approval.

 (b)  If the certificate of completion discloses modified arrangements, the Board may request information or documentation, as it deems necessary.

 (c)  If the certified modifications are such that the eligibility of the applicant or premises would not be affected, the Board will take no action against the applicant.

Source

   The provisions of this §  3.8 adopted August 22, 1986, effective October 1, 1986, 16 Pa.B. 3114; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial page (234052).

§ 3.9. Interests of minors.

 An individual under 18 years of age may not have an interest in a license or permit issued by the Board whether as licensee or permittee, partner or stockholder in a corporate licensee, except if the interest is held by a trustee or guardian. Under no circumstances may an individual under 18 years of age be an officer or director of a corporate licensee or permittee.

Source

   The provisions of this §  3.9 adopted August 22, 1986, effective October 1, 1986, 16 Pa.B. 3114.



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