Archive for the ‘Liquor Law’ Category

A manufacturer can obtain an off-premises catering permit for an unlicensed premises. The permit will be subject to the restrictions provided in 47 P.S. § 4-406. 47 P.S. § 4-406 was recently amended by HB 2267 which was signed into law as Act 116 on July 5, 2012. The provisions of the amended 47 P.S. § 4-406 are as follows: Read the rest of this entry »

All manufactures must register their brands with Pennsylvania regardless of whether it is sold in draft, bottles, or growlers. Section 445 of the Liquor Code and section 9.108 of the Board’s Regulations require that all beer be registered with the Board prior to it being offered, sold or delivered to any buyer within Pennsylvania. Read the rest of this entry »

In addition to producing malt or brewed beverages, manufacturers with G or GP licensees are also permitted to produce alcoholic cider. The definition of Malt or Brewed Beverages includes alcoholic cider. Read the rest of this entry »

Governor Corbett takes giant step forward in his efforts to privatize the State Store system and enhance consumer convenience. It will be interesting to follow this legislation which is sure to draw both high praise and deep criticism. Fundamentally, the retailing of alcohol is not a core government function and the Governor is right to address this issue. Look out for State Workers opposition which was clear in House of Representative Turzai’s Privatization efforts last year. State workers may not be the biggest hurdle as the Governor’s plan creates numerous new licenses and points of distribution. How do you feel small family business owner who has hundred’s of thousands of dollars invested in your liquor license when new licenses will significantly reduce the value of your current license? Reform is necessary in Pennsylvania and there is great optimism the Governor Corbett’s bold initiative will move Pennsylvania into the 21st Century and leave behind the vestiges of Prohibition.  

Click here to view the press release.
Click here to view the executive summary.
Click here to view the LCB PFM report.

For any question concerning the progress of this legislation or other liquor license concerns please contact me at tzeller@nmmlaw.com.

Before any brand is sold within Pennsylvania it must be registered regardless of whether it is sold in draft, bottles, cans, or any other form. A registration fee of $75 per brand or $150 for up to twenty brands if produced in limited quantities is required. 40 Pa. Code § 9.108(b) provides that each brand of malt or brewed beverages that a manufacturer or franchisee offers, sells or delivers within Pennsylvania shall be first registered. The Registration shall be accompanied by: Read the rest of this entry »

The proper payment of all taxes is essential for any business. Generally, Pennsylvania taxes applicable to manufacturers of malt or brewed beverages are not that different then those taxes applied to other businesses with the exception of the malt beverage tax. The following is a brief summary of the Pennsylvania taxes a manufacturer is likely subject to. Read the rest of this entry »

Mug clubs are an essential promotional tool for manyPennsylvania licensees.  Mug clubs reward and recognize loyal patrons and offer benefits that are unavailable to non club members.  Mug clubs typically require a patron to pay a yearly fee to join the club, and in return, the member receives various benefits.  These may typically include receiving a mug designated for a member’s personal use, discounts, merchandise, reward points, and a variety of other benefits.  Licensees have operated mug clubs for many years with great success, but in ways that may not be permissible under the Code and which could lead to Code violations.  To ensure compliance with the Code, every licensee should consider the following points and consult with an attorney when designing and implementing mug club benefits. Read the rest of this entry »

The Pennsylvania Liquor Control Board has interpreted Act 113 of 2011, effective February 20, 2012, as requiring that all licensees appoint a manager who has or will obtain Responsible Alcohol Management Program training offered by the Alcohol Education Department of the Pennsylvania Liquor Control Board.  As a result, any new manager who is appointed to a current licensee or a new licensee will have to appoint a manager who has already obtained the RAMP certificate.  In the alternative, the manager will have 180 days from approval as a manager of the licensee to obtain the RAMP certificate.  Failure by a new manager to obtain the RAMP certificate may result in a citation issued by the Pennsylvania State Police, Bureau of Liquor Control Enforcement. It appears that any manager appointed before February 20, 2012, will be grandfathered, so the current licensee will not have to require its present manager to obtain the RAMP certificate. Nevertheless, RAMP training is always helpful in operating your business responsibly.  You can visit the state website at www.lcb.state.pa.us and click on the Alcohol Education, RAMP Quick Links, Owner/Manager Trainings link, or contact the RAMP offices as follows: 

                        Central Region:  717-558-2160
                        Eastern Region:  610-940-1217
                        Western Region: 412-723-0109
                        Toll Free:  1-866-275-8237

Please note that our Lehigh Valley is now in the Central Region.

For more information about liquor law, please contact me at tzeller@nmmlaw.com.

On March 24, 2012, I was a presenter at a CLE reviewing DUI law, liquor liability – dram shop and negligence, and liquor licensing for the Northampton County Bar Association.  One of the topics I covered was the nature of a liquor license and liabilities.  The following is an excerpt from the program materials:

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On March 24, 2012, Robert Sletvold, Philip M. Hof, Esq., and I will present a two-hour CLE reviewing DUI law, liquor liability – dram shop and negligence, and liquor licensing for the Northampton County Bar Association.  I will review the recent developments in liquor law and their impact on licensing.  Following the CLE, Weyerbacher Brewery will offer a tour of their brewing facility and a sampling.

For more information about this event and how to register, click here.

For more information about liquor law, please contact Ted Zeller at tzeller@nmmlaw.com.