Subchapter C. IMPORTATION OF LIQUOR ON BEHALF
OF RESIDENTS IN CERTAIN CASES


TYPES OF IMPORTATIONS

Sec.


9.41.    Gift liquor.
9.42.    Liquor dividends.
9.43.    Liquor alloted to stockholders of distillery under purchase privilege plan.
9.44.    Heirs and legatees.
9.45.    Liquor purchased prior to January 1, 1934.
9.46.    New residents of the Commonwealth.
9.47.    Confiscated liquor for hospitals.

APPLICATION, SERVICE CHARGE, CONSENT AND
RELEASE OF LIQUOR


9.51.    Application.
9.52.    Service charge.
9.53.    Consent certificate.
9.54.    Release of liquor.
9.55.    Liquor to be shipped in care of the Board.

IMPORTATION UNDER PURCHASE PRIVILEGE PLAN


9.61.    Procedure.
9.62.    Markup and taxes.
9.63.    Delivery and general sale.
9.64.    Nonliability of the Board.

MISCELLANEOUS PROVISIONS


9.71.    Distillery Bonded Warehouse Certificates.
9.72.    Additional limitations on importation.
9.73.    Commonwealth distillers and importers.

TYPES OF IMPORTATIONS


§ 9.41. Gift liquor.

 Liquor given to persons residing in this Commonwealth by nonresidents may, in the discretion of the Board, be imported into this Commonwealth, in the manner provided in this subchapter.

Source

   The provisions of this §  9.41 adopted June 26, 1952; amended through August 29, 1966.

§ 9.42. Liquor dividends.

 A liquor dividend to stockholders of a distillery located outside of this Commonwealth may, in the discretion of the Board be imported into this Commonwealth for stockholders who are residents of this Commonwealth in the manner provided in this subchapter.

Source

   The provisions of this §  9.42 adopted June 26, 1952; amended through August 29, 1966.

§ 9.43. Liquor alloted to stockholders of distillery under purchase privilege plan.

 Liquor alloted to stockholders of a distillery located outside the Commonwealth under a purchase privilege plan, may, in the discretion of the Board, if the liquor is not stocked in State Liquor Stores, be imported into this Commonwealth for resident stockholders, in the manner provided in this subchapter.

Source

   The provisions of this §  9.43 adopted June 26, 1952; amended through August 29, 1966.

§ 9.44. Heirs and legatees.

 Liquor owned and possessed outside this Commonwealth by a resident or a nonresident decedent passing to a resident by will or intestacy may, in the discretion of the Board, be imported into this Commonwealth for the beneficiary in the manner provided in this subchapter.

Source

   The provisions of this §  9.44 adopted June 26, 1952; amended through August 29, 1966.

§ 9.45. Liquor purchased prior to January 1, 1934.

 Liquor purchased outside this Commonwealth prior to January 1, 1934 by residents for purposes other than resale may, in the discretion of the Board, be imported into this Commonwealth for such residents in the manner provided in this subchapter.

Source

   The provisions of this §  9.45 adopted June 26, 1952; amended through August 29, 1966.

§ 9.46. New residents of the Commonwealth.

 Upon the establishment of residence in this Commonwealth, liquor owned and possessed by the persons in their foreign residence for personal use may, in the discretion of the Board, be imported into this Commonwealth for the residents in the manner provided in this subchapter.

Source

   The provisions of this §  9.46 adopted June 26, 1952; amended through August 29, 1966.

§ 9.47. Confiscated liquor for hospitals.

 Hospitals desirous of obtaining confiscated liquor offered by Federal authorities or granted to them by the courts of the Commonwealth shall make written application to the Board for permission to import the liquor if located outside of this Commonwealth. Written application shall include the number and size of bottles, the brand of liquor, the address of the Federal supply service office and the Federal transfer number.

Source

   The provisions of this §  9.47 adopted June 26, 1952; amended through August 29, 1966; amended July 8, 1977, effective July 9, 1977, 7 Pa.B. 1890. Immediately preceding text appears at serial page (4177).

Cross References

   This section cited in 40 Pa. Code §  9.51 (relating to application); and 40 Pa. Code §  9.52 (relating to service charge).

APPLICATION, SERVICE CHARGE, CONSENT
AND RELEASE OF LIQUOR


§ 9.51. Application.

 (a)  A resident of this Commonwealth desiring to obtain liquor outside this Commonwealth shall file an application with the Board, except as otherwise provided in §  9.47 or § §  9.61—9.64 (relating to confiscated liquor for hospitals; and importation under purchase privilege plan). The application shall include all of the following:

   (1)  The name and address of the applicant.

   (2)  The name and address of persons or firm from whom the liquor is to be received.

   (3)  Whether the liquor is a gift, dividend, bequest or purchase. A description of the liquor, including the brand name and size and number of bottles.

   (4)  The name and address of the transporter. Where the transporter is a trucking company, the transporter shall hold a valid Transporter-for-Hire License.

 (b)  The Board may request additional information it deems necessary.

 (c)  An application involving more than 1 quart of liquor or 1 gallon of wine shall be verified by oath or affirmation of the applicant. Every application shall, in the case of a gift, dividend or bequest, specifically state that the liquor was not obtained by the applicant by purchase or for a consideration of any kind and that the donee is at least 21 years of age. In the case of a purchase, the affidavit shall also set forth the date of purchase and that the liquor is not for resale.

Source

   The provisions of this §  9.51 adopted June 26, 1952; amended through August 29, 1966.

§ 9.52. Service charge.

 (a)  An applicant, except a hospital applying under §  9.47 (relating to confiscated liquor for hospitals), shall, at the time of filing the application, pay to the Board a service charge at the rate of 25¢ per gallon or fraction thereof.

 (b)  Service charges authorized under this section shall be paid in cash, money order, certified or cashier’s check, and will be paid by the Board into the State Stores Fund.

Source

   The provisions of this §  9.52 adopted June 26, 1952; amended through August 29, 1966.

§ 9.53. Consent certificate.

 Upon receipt of the application and the proper service charge, and upon being satisfied of the truth of the statements in the application, the Board may, in its discretion, grant and issue to the applicant a consent certificate permitting the importation of the liquor designated therein and entitling the applicant to obtain the liquor from the transporter or the authority in custody thereof, in the manner provided in this subchapter.

Source

   The provisions of this §  9.53 adopted June 26, 1952; amended through August 29, 1966.

§ 9.54. Release of liquor.

 (a)  Upon the arrival in this Commonwealth of the liquor for the holder of a properly acquired consent certificate, the Board will furnish him with a notice of release in duplicate, both copies of which shall be signed by the holder of the certificate and surrendered to the carrier for delivery of the liquor. The carrier shall then sign the original in the space provided and forward it to the Board. Before the notice of release will be furnished, the holder of the consent certificate shall present to the Board a certificate from the Department of Revenue evidencing the payment of the requisite Spirituous and Vinous Liquor Tax upon the liquor and proof satisfactory to the Board of the payment of transportation and other charges, if any, against the shipment.

 (b)  The Board will furnish official seals, which will be affixed to each bottle by an employe of the Board.

Source

   The provisions of this §  9.54 adopted June 26, 1952; amended through August 29, 1966.

§ 9.55. Liquor to be shipped in care of the Board.

 Shipments of liquor authorized under this subchapter shall be consigned to the holder of the consent certificate in care of the Board. Shipments consigned otherwise will be considered in the constructive possession of the Board until released by the Board to the holder of the consent certificate.

Source

   The provisions of this §  9.55 adopted June 26, 1952; amended through August 29, 1966.

IMPORTATION UNDER PURCHASE PRIVILEGE PLAN


§ 9.61. Procedure.

 (a)  Resident stockholders, except the holders of Hotel, Restaurant and Club Liquor Licenses (who are prohibited from being stockholders), desiring to acquire liquor under a purchase privilege plan shall fill out, sign and file with the Board, a Special Liquor Order form provided by the Board for the liquor, designating the State Liquor Store at which delivery is to be made, and shall also file a true and correct copy of the completed order form required under the purchase privilege plan, to be transmitted by the stockholder to the distillery or its trustee, containing the number of cases of liquor to be purchased and the cost to the stockholder. The form will be furnished (by the Board) upon request.

 (b)  Upon receipt of the special liquor order and the copy of the order to the distillery or its trustee, the Board, if it accepts the special liquor order, will so notify the stockholder, and if, under the purchase privilege plan, the Board cannot make the actual purchase of the liquor, permission will be given to the stockholder to do so and to authorize delivery of the liquor to the Board at the State Liquor Store designated in the order, provided all transportation charges are prepaid by the shipper.

Source

   The provisions of this §  9.61 adopted June 26, 1952; amended through August 29, 1966.

Cross References

   This section cited in 40 Pa. Code §  9.51 (relating to application) and 40 Pa. Code §  9.62 (relating to markup and taxes).

§ 9.62. Markup and taxes.

 Special liquor orders filed under §  9.61 (relating to procedure) will be subject to a markup by the Board and also an applicable emergency State tax, but where the liquor is purchased by a stockholder under a purchase privilege plan, the cost price will be the basis for the markup. In addition to the markup and emergency tax, the stockholder will be required to pay taxes (except the Pennsylvania Spirituous and Vinous Liquor Tax), expenses and charges, if any, due upon delivery of the liquor to the Board, and the cost seals to be attached to each bottle of liquor at the rate of 25¢ per case.

Source

   The provisions of this §  9.62 adopted June 26, 1952; amended through August 29, 1966.

Cross References

   This section cited in 40 Pa. Code §  9.51 (relating to application).

§ 9.63. Delivery and general sale.

 (a)  On delivery of the liquor to the Board, the stockholder will be notified and requested to pay taxes, charges and expenses, if any, due on the liquor or its shipment.

 (b)  Unless the stockholder makes full payment as required in subsection (a) and accepts delivery of the liquor within 5 days after notice of its arrival, the Board may, in its discretion, place the liquor in stock for general sale through its stores upon payment to the stockholder of the actual cost price under the purchase privilege plan.

Source

   The provisions of this §  9.63 adopted June 26, 1952; amended through August 29, 1966.

Cross References

   This section cited in 40 Pa. Code §  9.51 (relating to application).

§ 9.64. Nonliability of the Board.

 The Board will not be liable for nondelivery of the liquor by the distillery or its trustee, loss of or damage to the liquor in transit through breakage, pilferage, or other cause; the stockholder shall assume the risk until the actual delivery of the liquor to the stockholder.

Source

   The provisions of this §  9.64 adopted June 26, 1952; amended through August 29, 1966.

Cross References

   This section cited in 40 Pa. Code §  9.51 (relating to application).

MISCELLANEOUS PROVISIONS


§ 9.71. Distillery Bonded Warehouse Certificates.

 Distillery Bonded Warehouse Certificates, evidencing the ownership of liquor, are excepted from this subchapter, as the sale, purchase and possession of the certificates is subject to the provisions of Article VII of the Liquor Code (47 P. S. § §  7-701—7-751).

Source

   The provisions of this §  9.71 adopted June 26, 1952; amended through August 29, 1966.

§ 9.72. Additional limitations on importation.

 (a)  Only liquor in properly labeled bottles, and upon which Federal liquor taxes have been paid, may be imported under this subchapter.

 (b)  The liquor shall be for personal use only and may not be sold in this Commonwealth, except by the Board.

Source

   The provisions of this §  9.72 adopted June 26, 1952; amended through August 29, 1966.

§ 9.73. Commonwealth distillers and importers.

 This subchapter does not apply to or affect in any way the rights and privileges of distillers and importers licensed by the Board under the provisions of the Liquor Code.

Source

   The provisions of this §  9.73 adopted June 26, 1952; amended through August 29, 1966.



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