Subchapter J. MALT OR BREWED BEVERAGE
MANUFACTURERS
Sec.
3.91. Alternate brewers’ license.
3.92. Brewery pubs.
3.93. Breweries.
Source The provisions of this Subchapter J adopted November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139, unless otherwise noted.
§ 3.91. Alternating brewers’ license.
Records required to be maintained shall be the same as are required by a licensed manufacturer of malt or brewed beverages under § 5.101 (relating to breweries).
§ 3.92. Brewery pubs.
(a) The Board will be authorized to issue a brewery pub license to the holder of a brewery license. A brewery pub license may only be issued in those municipalities in which the Board may issue or transfer a malt and brewed beverage retail dispenser license.
(b) The holder of a brewery pub license shall have all the rights and be subject to the same conditions and qualifications as those imposed on holders of a malt and brewed beverage retail dispenser license except as set forth in this section.
(c) The brewery pub license will be issued to premises immediately adjacent to but separate and distinct from the brewery premises.
(d) Sales of alcoholic beverages at the brewery pub premises shall be limited to sales of malt or brewed beverages produced at and owned by the brewery adjacent to it or a brewery which is under common control with the brewery pub. A brewery pub licensee may sell, for on-premises consumption, wine manufactured by the holder of a Pennsylvania limited winery license.
(e) A brewery pub license may not be issued to a brewery that has already acquired a restaurant, hotel or malt and brewed beverage retail dispenser license. If a brewery, which has a brewery pub license, applies for and acquires a restaurant, hotel or malt and brewed beverage retail dispenser license, the brewery pub license will be cancelled upon approval of the restaurant, hotel or malt and brewed beverage retail dispenser license.
(f) Any citations which may be issued under section 471 of the Liquor Code (47 P. S. § 4-471) for activity relating to the brewery pub will be issued against the brewery license.
Authority The provisions of this § 3.92 amended under sections 207(i) and 446 of the Liquor Code (47 P. S. § § 2-207(i) and 4-446).
Source The provisions of this § 3.92 amended November 18, 2011, effective November 19, 2011, 41 Pa.B. 6217. Immediately preceding text appears at serial page (312231).
§ 3.93. Breweries.
(a) The holder of a brewery license may not allow patrons to consume alcohol on the licensed premises except as set forth in this section.
(b) If the holder of a brewery license has obtained a brewery pub, restaurant liquor, eating place retail dispenser or hotel license for use on the licensed premises, it may allow on-premises consumption of alcohol on the licensed premises in conformity with the requirements of the brewery pub, restaurant liquor, eating place retail dispenser or hotel license.
(c) If the holder of a brewery license has not obtained a brewery pub, restaurant liquor, eating place retail dispenser or hotel license for use on the licensed premises, it may allow on-premises consumption of alcohol on the licensed premises only under the following conditions:
(1) Consumption may occur between 10 a.m. and midnight.
(2) The only alcohol that may be consumed on the licensed premises shall be the malt or brewed beverages produced and owned by the brewery.
(3) The brewery must have at least ten seats on the licensed premises for use by patrons while they are consuming alcohol.
(4) The brewery shall make food available to each patron who is consuming alcohol on the licensed premises while that person is consuming alcohol. Food must, at a minimum, consist of potato chips, pretzels and similar foods. Food may be prepared by the brewery or by a third party.
(d) The holder of a brewery license may offer tastings of malt or brewed beverages produced and owned by the brewery in accordance with § § 13.201 and 13.211 (relating to definitions; and tasting events).
Authority The provisions of this § 3.93 issued under sections 207(i) and 446(a)(1) of the Liquor Code (47 P. S. § § 2-207(i) and 4-446(a)(1)).
Source The provisions of this § 3.93 adopted May 29, 2015, effective May 30, 2015, 45 Pa.B. 2594.
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