Subchapter M. MANAGEMENT CONTRACTS


Sec.


3.141.    Management contracts.
3.142.    Reporting.
3.143.    Board approval and licensee responsibility.

Authority

   The provisions of this Subchapter M adopted under section 207(i) of the Liquor Code (47 P. S. §  2-207(i)).

Source

   The provisions of this Subchapter M adopted March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149.

§ 3.141. Management contracts.

 (a)  A licensee may contract with another person to manage its licensed premises.

 (b)  A management contract must reserve to the licensee the capability to direct its own business.

 (c)  A management contract must be in writing, and a copy shall be maintained on the licensed premises where it shall be available for inspection by the Board.

 (d)  A management contract may not give a pecuniary interest to a management company.

§ 3.142. Reporting.

 (a)  Current licensees or applicants for licenses that have management contracts shall file with the Board’s Bureau of Licensing (Licensing) on forms supplied by Licensing, the identity of all persons who are parties to the management contract.

 (b)  Current licensees or applicants for licenses that enter into, modify or terminate management contracts shall, within 30 days, file a written notice with the Board that this has occurred. The changes shall be reported on forms which will be furnished upon request by the Board.

 (c)  Licensees filing notice of the establishment or modification of a management contract shall pay a fee of $350. No fee is payable when a licensee gives notice to the Board that a management contract has been terminated. Likewise, no fee is required when a licensee is notifying the Board of a nonsubstantive change to an existing management contract, such as the correction of a typographical error, the providing of a page or document inadvertently omitted from an earlier submission, or a name, address or contact information change as to one of the parties.

§ 3.143. Board approval and licensee responsibility.

 (a)  The Board will notify the current licensee or applicant, in writing, of the Board’s decision to either approve or refuse the involvement of a person providing services as a management company.

 (b)  The Board may refuse the involvement of a person providing services as a management company. The Board’s refusal may be based upon the following:

   (1)  The creation by the management contract of a pecuniary interest in the license.

   (2)  Facts upon which the Board could refuse a person’s involvement in the license which may include reasons specified in section 4-470(a.1) of the Liquor Code (47 P. S. §  4-470(a.1)) such as reputation, criminal history, and current or prior involvement in other licenses.

 (c)  The licensee’s use of a management company will not affect the licensee’s responsibility for violations of the Liquor Code or this title.



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