PROPOSED RULEMAKING
LIQUOR CONTROL BOARD
[40 PA. CODE CHS. 3, 5, 7, 9, 11, 13 AND 15]
Numerous Revisions
[27 Pa.B. 1852] The Liquor Control Board (Board) under the authority of section 207(i) of the Liquor Code (47 P. S. § 2-207(i)), proposes to amend §§ 3.6, 3.31--3.33, 3.35--3.37, 3.51, 5.15, 5.16, 5.22, 5.23, 5.31, 7.1, 7.3--7.5, 7.7, 7.31, 7.32, 7.43, 7.51--7.54, 9.11, 9.13, 9.23, 9.24, 9.27--9.30, 11.21, 11.23, 11.42, 11.51, 11.62, 11.72, 11.172, 11.176, 11.181, 13.72 and 15.62.
Purpose
In accordance with Executive Order 1996-1, the Board has reviewed its licensing requirements and determined that these proposed amendments are necessary to alleviate some of the burdensome and unnecessary requirements which have been placed on licensees of the Board and applicants for various licenses and permits. Obsolete regulations which are no longer part of the Board's practice or procedure have also been amended or deleted.
Summary of Amendments
Chapter 3 (relating to applications). The application process has been amended relating to financial disclosure affidavit, photographs, fingerprints and interior connection to licensed premises.
Chapter 5 (relating to duties and rights of licensees). The requirement for possession of birth certificates of minors by employers has been deleted. The appointment of managers, and outside employment by retail licensees, has been liberalized. Amusement permits have been extended to coincide with multiple year licensing.
Chapter 7 (relating to transfer, extension, surrender and exchange of licenses). The proposed rulemaking seeks to amend the license application process as it relates to the number of applications required, abolishes the requirement that applicants be open and in operation before the license transfer is approved from one location to another, extends the reporting time upon the death of a licensee, reflects the fact that liquor licensees are issued two wholesale purchase permit cards, extends the time period a license (except a club license) may be held in escrow, replaces vehicle identification cards with emblems for Distributors and Importing Distributors and deletes Subchapter E (relating to suspension of licenses notice of suspension) in its entirety since suspension of licenses as it relates to agency practice and procedure is governed by the more recently enacted Chapter 15 (relating to special rules of administrative practice and procedure regarding matters before the Office of Administrative Law Judge).
Chapter 9 (relating to transportation, importation, disposition and storage). Vehicle identification windshield emblems will replace vehicle identification cards, transporter-for-hire licensees will no longer be required to file monthly reports with the Bureau of Liquor Control Enforcement and reference to the Federal Interstate Commerce Commission was deleted as this agency no longer exists.
Chapter 11 (relating to purchases and sales). The following permits will be issued for a 4-year term rather than annually as presently required: Wholesale Alcohol Purchase Permits, Wholesale Liquor Purchase Permits for registered pharmacists, hospitals, State-owned institutions, chemists and manufacturing pharmacists. Bulk purchase permits will also be issued for a 4-year term to nonbeverage manufacturers. The requirement for certification of Sunday sales figures by a public accountant or CPA has been deleted. The licensee will provide information in the application for or renewal of Sunday sales permit which supports 30% food and nonalcoholic beverage sales.
Chapter 13 (relating to promotion). The requirement for fingerprinting agents of liquor vendors has been eliminated inasmuch as this has not been a practice of the agency.
Chapter 15. Language relative to violation of a suspension order previously in Subchapter E was added to § 15.62 (relating to suspensions and revocations).
Affected Parties
This proposal affects the Board's licensees and permit holders as well as applicants for licenses and permits.
Paperwork Requirements
This proposal will not increase paperwork for the Board or for the licensees affected by the regulations. Paperwork will be reduced for license applicants, for permit applicants and for transporters-for-hire as well as for the Board.
Fiscal Impact
This proposal will have no adverse fiscal impact on the regulated community, the Commonwealth or local governments. Multiyear permit renewals represent a convenience to permit holders and a savings to the Board.
Effective Date/Sunset Date
This proposal will become effective upon final publication in the Pennsylvania Bulletin. No sunset date has been assigned.
Public Comment/Contact Person
Written comments, suggestions or objections will be accepted for 30 days of publication of this proposal in the Pennsylvania Bulletin. Comments should be addressed to Jerry Danyluk, Regulatory Coordinator, Liquor Control Board, Room 401, Northwest Office Building, Harrisburg, PA 17124-0001.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 24, 1997, the Board submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Liquor Control and the Senate Committee on Law and Justice. In addition to submitting the proposal, the Board has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Board. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the Board within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review by the Board, the Governor and the General Assembly prior to final publication of the regulations.
JOHN E. JONES, III,
ChairpersonFiscal Note: 54-50. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 40. LIQUOR
PART I. LIQUOR CONTROL BOARD
CHAPTER 3. LICENSE APPLICATIONS
Subchapter A. GENERAL PROVISIONS § 3.6. Individual financial disclosure affidavit.
* * * * * [(b) Financing agreements identified in the report shall be attached to the report.
(c)] (b) ***
Subchapter D. PHOTOGRAPHS [,] AND CRIMINAL HISTORY RECORD INFORMATION CHECKS [AND FINGERPRINTS]
PHOTOGRAPHS § 3.31. Personal photographs.
(a) [Two photographs] A photograph shall be furnished to the Board's representative by the following:
* * * * * (3) Applicants for registration as promotional/sales agents. (Two photographs are required.)
(b) [Photographs] The photograph shall:
(1) Be 1 1/2 inches square and unmounted with a matte finish.
* * * * * § 3.32. Photographs of premises.
(a) Applications for new Retail Liquor or Retail Dispenser Malt Beverage Licenses and applications for transfer thereof, except Public Service Licenses, shall be accompanied by [four] two photographs of the premises proposed to be licensed.
(b) [Two photographs] One photograph shall be a view of the exterior of the building, showing the street number, if any.
(c) [Two photographs] One photograph shall be a view of the main serving room.
(d) Applications for new Distributor and Importing Distributor Licenses and applications for transfer thereof shall be accompanied by [two photographs] one photograph each of the exterior of the principal place of business and additional storage warehouses, showing the street number, if any.
(e) Photographs shall:
(1) Be at least [5] 4 by [7] 6 inches in size with a matte finish.
* * * * * § 3.33. Renewal of photographs of registered agents.
[(a) Personal photographs of licensees, principal officers of a corporation, except public service and club licensees, and managers of licensed establishments shall be renewed every 3 years. The new photographs shall be filed with the application for renewal of license at regular 3-year intervals.
(b)] Personal photographs of registered agents shall be renewed every year. New photographs as required in § 3.31 (relating to personal photographs), shall be filed with each application for renewal of the registration of agents.
CRIMINAL HISTORY RECORD INFORMATION CHECKS [FINGERPRINTS] § 3.35. Persons from whom [a] criminal history record information [check and fingerprints] checks are required.
* * * * * [(c) The Board may request the fingerprints of a person from whom a criminal history record information check is required.
(d) The request for fingerprints will be in writing. The person from whom fingerprints are requested shall comply within 15 days.]
§ 3.36. [By whom taken] (Reserved).
[Fingerprints required by § 3.35 (relating to persons from whom a criminal history record information check and fingerprints are required) will be taken by or in the presence of Board enforcement officers, or may be taken by the Pennsylvania State Police, the police of a municipality, county sheriffs, or county detectives or constabulary bureau, or both, of a municipality in this Commonwealth authorized and equipped to take fingerprints, which agency shall certify as follows:
I hereby certify that the fingerprints of_____ as portrayed on the attached fingerprint card were taken by the undersigned on the ____ day of _____ , 19__ .
_________________
Name
_________________
Title]§ 3.37. Failure to comply.
Failure to comply with [§] § 3.35 [and 3.36] (relating to persons from whom [a] criminal history record information [check and fingerprints] checks are required[; and by whom taken]) will be sufficient cause for refusal to grant, transfer or renew a license or for the issuance of a citation to show cause why a license may not be suspended or revoked.
Subchapter E. LICENSING HEARINGS
Subchapter F. PREMISES
EMPLOYMENT OF MINORS § 3.51. Connection with residence.
Licensed premises may not have an inside passage or communication to or with a residence other than the residence of the licensee, corporate officer or manager.
CHAPTER 5. DUTIES AND RIGHTS OF LICENSEES
Subchapter B. EMPLOYES OF LICENSEES § 5.15. [Possession of birth certificates of minors by employer] (Reserved).
[For the purposes of this subchapter, it shall be the duty of the employer to have in his possession on the licensed premises, and to produce on demand, a certified copy of the birth certificate, of any employe under the age of 21 years.]
§ 5.16. Appointment of managers.
(a) The operation of a licensed business requires the full time and attention of a manager. A licensee holding one or more licenses shall appoint an individual as manager for each licensed establishment and the manager shall devote full time and attention to the licensed business. If the licensee is an individual, he may designate himself as manager of one licensed establishment, except in the case of distributors or importing distributors. If a license is held by more than one individual, the manager may be one of the individuals or another person the licensee may designate, except in the case of distributors and importing distributors.
(b) The manager appointed by a licensee shall be a reputable person. The licensee shall notify the Board in writing of the name and home address of the manager and the date and place of birth. If there is a change of manager, the licensee shall [immediately give to the Board written notice] give the Board written notice within 15 days of the change together with full information for the new individual who is appointed as manager. Each notice of the appointment of a manager or notice of a change of manager shall be accompanied by a fee of $60 [, except if a licensee or a corporate officer of a licensee is named manager].
(c) When a background investigation shall be conducted to obtain or verify information regarding an individual appointed as manager, an additional fee of $75, for a total fee of $135, will be assessed. An individual may not act in the capacity of manager after the licensee has been notified that the individual has been disapproved by the Board. The designated manager shall devote full time to the licensed business and may not be employed or engaged in another business unless prior written approval is obtained from the Board.
EMPLOYMENT OF OTHERS § 5.22. Employment of licensees.
* * * * * [(b) An individual holding a retail license in his own name is not permitted to be employed at, or engaged in another business, except the associatedbusiness as permitted under § 3.52 (relating to connection with other business). If the license is issued in the name of a partnership, it is permissible for the partners, except one, to have outside employment.
(c)] (b) An individual holding a Distributor or Importing Distributor License may not be employed in other work, [nor] or, as provided in section 492(12) of the Liquor Code (47 P. S. § 4-492(12)), engage in another business, on or off the licensed premises, without Board approval. If the license is issued in the name of a partnership, the Board may permit the partners, except one, to have outside employment. The partnership shall first secure written permission from the Board before its members may be employed in an occupation or enterprise other than the licensed business.
§ 5.23. Appointment of managers.
* * * * * [(b) An individual may not act in the capacity of manager in a licensed establishment until the licensee has received approval from the Board. The following rules apply:
(1) The manager shall be a reputable resident of the United States, and the licensee shall immediately notify the Board in writing of his desire to appoint a manager, giving the name and home address of the manager and the date and place of birth.
(2) If there is a change of manager, the licensee shall immediately give to the Board written notice of the change, together with full information for the new individual desired to be appointed.
(3)] (b) ***
[(4)] (c) ***
[(c)] (d) In the event of the illness or extended vacation of a licensee, the Board may approve the appointment of a manager for a period not to exceed 30 days. In case of emergency, the approval may be extended upon written request of the licensee. [The Board may waive the fee as prescribed in § 5.16 (relating to appointment of managers) for the temporary appointment of a manager.
(d)] (e) ***
[(e)] (f) ***
* * * * *
Subchapter C. AMUSEMENT AND ENTERTAINMENT § 5.31. Amusement permit.
(a) Requirements.
* * * * * (2) An application for an amusement permit may be filed with the Board at any time during the license [year] period. If issued, the permit will expire with the license [of the licensee] and may be extended at the time of validation unless revoked or otherwise subject to suspension.
* * * * *
CHAPTER 7. TRANSFER, EXTENSION, SURRENDER[,] AND EXCHANGE [AND SUSPENSION] OF LICENSES
Subchapter A. TRANSFER OF LICENSES § 7.1. Filing of applications for transfer.
Licenses issued by the Board, under Article IV of the Liquor Code (47 P. S. §§ 4-401--4-498), may be transferred in accordance with this subchapter. Applications for transfer of licenses may be filed at any time, but when filed within 30 days of the expiration date of the license term, the transfer shall apply to the renewal license only, except in the case of death. Applications for transfer shall be made on the regular transfer form, which shall be accompanied by [two copies of] the application for license, proper bond and remittance of proper fees in accordance with the applicable provisions of section 614-A of The Administrative Code of 1929 (71 P. S. § 240.14A).
§ 7.3. Transfers of location.
(a) Retail liquor or retail dispenser licenses. If a retail liquor or retail dispenser licensee moves his place of business from one address to another, the new establishment shall be [open for business and in] ready for operation before the license transfer will be approved. [A liquor] Liquor or malt or brewed beverages may not be sold or served at the new establishment until formal approval of the transfer is given by the Board.
* * * * * § 7.4. Transfers of ownership and location.
[Where] When a transfer involves a change of both location and ownership, the new establishment, if retail liquor or retail dispenser, shall be [open for business and in full] ready for operation, [except as to the sale of alcoholic beverages,] before the license transfer will be approved. The new applicant shall satisfy the Board that he is the owner or lessee of the premises, the fixtures and equipment therein. [A liquor] Liquor or malt or brewed beverages may not be sold by the applicant until the transfer of the license has been approved. The transferor, provided his fixtures and equipment are not involved in the transfer, may continue to operate at his original place of business until notified that the transfer of the license to the applicant has been approved, at which time the license and Wholesale Purchase Permit Card, if any, shall be surrendered by the transferor to the Board.
§ 7.5. Transfers on death of the licensee.
On the death of the licensee, the license may be transferred immediately to the surviving spouse or to the administrator or executor of the estate of the licensee, upon presentation of the transfer form, application, bond transfer or filing fee, and short form certificate from the registrar of wills. [Where] If it is desired to transfer the license to a person designated by and acting for the administrator or executor, the transfer form application and the bond and fee, or both, with written evidence of the designation, shall be submitted by the administrator or executor. The Board will be notified in writing within [5] 30 days of the death of a licensee.
§ 7.7. Approval of a transfer of license.
* * * * * (b) During the interim, the original license and Wholesale Purchase Permit [Card] Cards shall be returned to the Board.
Subchapter C. SURRENDER OF LICENSES § 7.31. Surrender of licenses in certain cases.
(a) A licensee whose licensed establishment is not in operation for [a period of] 15-consecutive days shall return his license and, if a liquor [license] licensee, his Wholesale Purchase Permit [Card] Cards, to the Board not later than the expiration of the 15-day period. The return of the license and [card] cards will not invalidate the license, which will be held in safekeeping for the benefit of the licensee and be available for his use when operations are resumed at the licensed premises, or for transfer.
* * * * * (c) If the license and Wholesale Liquor Purchase Permit [Card] Cards are not surrendered and returned voluntarily by the licensee, [enforcement officers] authorized representatives of the Board will lift and return the license and card to the Board.
(d) A license surrendered to the Board, or a renewal thereof in possession of the Board, will not be held for the benefit of the licensee for a period exceeding [1 year] 2 years from the date of surrender, except when, in the opinion of the Board, circumstances beyond the control of the licensee prevent reactivation and except as provided in section 474 of the Liquor Code (47 P. S. § 4-474) with regard to club licenses. Failure of the licensee to reactivate the license and resume operation of the licensed business or to effect a transfer of the license within the [1] 2-year period shall be sufficient cause for revocation of the license.
* * * * * § 7.32. Surrender of licenses for cancellations or transfer.
* * * * * (c) [Where] Except as provided by section 461(f) of the Liquor Code (47 P. S. § 4-461(f)), when an application for transfer of a retail license of a different type to premises already licensed is approved, the license then in effect in the name of the applicant for that establishment shall be surrendered to the Board before the issuance of the transferred license in the name of the applicant. In [such] this case, the license surrendered to the Board, or a renewal thereof in possession of the Board, will be held available for the benefit of the licensee solely for transfer for [a period of] up to [1 year] 2 years from the date of surrender. When a transfer is not effected within the [1] 2-year period, the license will automatically be cancelled with no refund of the license fee, or a portion thereof. A transfer application pending at the expiration of the [1] 2-year period may be processed to conclusion.
Subchapter D. EXCHANGE OF LICENSES
DISTRIBUTOR AND IMPORTING DISTRIBUTOR LICENSES § 7.43. Fees.
(a) When an application for the exchange of a Distributor License for an Importing Distributor License is filed for a full license year, it shall be accompanied by a license fee, and a renewal filing fee as required for a malt beverage Importing Distributor by section 614-A of The Administrative Code of 1929 (71 P. S. § 240.14), and the applicable vehicle [card] emblem fee, if any.
(b) When an application for the exchange of a Distributor License for an Importing Distributor License is filed for the last 6 months of a license year, it shall be accompanied by a filing fee, and one-half the license fee required for a malt beverage Distributor License by section 614-A of The Administrative Code of 1929, and the applicable vehicle [card] emblem fee, if any.
(c) When an application for the exchange of an Importing Distributor License for a Distributor License is filed for a full license year, it shall be accompanied by a license fee, and a renewal filing fee as required for a malt beverage Distributor License by section 614-A of The Administrative Code of 1929, and the applicable vehicle [card] emblem fee, if any.
(d) When an application for the exchange of an Importing Distributor License for a Distributor License is filed for the last 6 months of a license year, it shall be accompanied by a filing fee as required for a malt beverage Distributor License by section 614-A of The Administrative Code of 1929, and the applicable vehicle [card] emblem fee, if any. In this type of exchange, a refund equal to one-half the difference between the Distributor and Importing Distributor License Fees required by section 614-A of The Administrative Code of 1929, will be granted to the licensee upon approval by the Board of the exchange and the claim for refund. The refund shall be requested by the licensee on standard forms furnished by the Board.
Subchapter E. [SUSPENSION OF LICENSES] (Reserved)
[NOTICE OF SUSPENSION] § 7.51. [Posting of notice] (Reserved).
[On the suspension of the license of a licensee, the Board will, on the date the suspension becomes effective, cause to be posted in a conspicuous place on the outside of the licensed premises or in a window plainly visible from outside the licensed premises, a notice of the suspension, in the form and size, and containing the provisions, as the Board may require. The notice shall remain posted during the entire period of suspension.]
§ 7.52. [Other closing notices] (Reserved).
[During the suspension period, a licensee, his servants, agents or employes, may not cause to be advertised in any manner, or place in, on or about the premises, notice of any kind stating that the licensed establishment is closed for any reason other than the suspension of the license.]
§ 7.53. [Removal of notice] (Reserved).
[A licensee, his servants, agents or employes, may not cover, remove, alter, deface or disturb the notice of suspension until after the period of suspension has expired. The notice may not be removed until the license is returned to the licensee or until the licensee receives confirmation from the Board that the suspension period has terminated.]
§ 7.54. [Violations] (Reserved).
[A violation of this subchapter constitutes sufficient cause for the issuance of a citation to show cause why the license should not be suspended or revoked.]
CHAPTER 9. TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE
Subchapter A. TRANSPORTATION OF LIQUOR, MALT OR BREWED BEVERAGES OR ALCOHOL
LICENSES § 9.11. Transportation for hire
* * * * * (b) Liquor, malt or brewed beverages or alcohol, may be transported for hire without a transporter-for-hire license under the following conditions:
* * * * * (4) If transportation is by licensees of the Board whose licenses or permits authorize the transportation of liquor, malt or brewed beverages or alcohol in the regular operation of their licensed business if the licensees have secured vehicle identification [cards] emblems in accordance with § 9.23 (relating to vehicle identification [cards] emblems).
(5) If transportation is by persons who transport liquor, malt or brewed beverages or alcohol, through [the] this Commonwealth commercially [under ICC authority,] and not for delivery therein [; provided the operator]:
(i) Operator of the vehicle [has] shall have in his possession at all times while in this Commonwealth, an invoice and a bill of lading or waybill (showing the brand name, size and number of containers of liquor, malt or brewed beverages or alcohol so transported), which shall be produced for inspection upon the request of an authorized police or enforcement officer of this Commonwealth[; and further provided the]
(ii) The cargo [remains] shall remain intact and upon the same vehicle or conveyance while in this Commonwealth, unless prevented by an accident or other similarly uncontrollable circumstance.
§ 9.13. Records and reports.
* * * * * [(b) Reports. Transporter-for-hire licensees shall, on or before the 15th day of each month, file with the State Police, Bureau of Liquor Control Enforcement, reports as prescribed by the Board covering the operation of their licensed business for the preceding month. A copy of each report shall be retained by the licensee for a period of 2 years from the date of filing.
(c)] (b) ***
VEHICLES § 9.23. Vehicle identification [cards] emblems.
A licensee whose license authorizes the transportation of liquor, malt or brewed beverages, or alcohol in the regular operation of his licensed business and who desires to transport liquor, malt or brewed beverages, or alcohol shall obtain a vehicle identification [card] emblem from the Board for each vehicle used. Each vehicle shall be lettered in accordance with § 9.22 (relating to identification of vehicles). A vehicle identification [card] emblem is not required of a retail licensee, or his authorized agent named on his Wholesale Purchase Permit [Card] Cards, for the transportation of liquor purchased at a State Liquor Store for use in the licensed business, [nor] or the transportation of alcohol purchased at a State Store by an alcohol permittee; [nor] or the transportation of liquor purchased at a State Store by holders of Pharmacy Permits, Hospital Pharmacy Permits, or Chemists and Manufacturing Pharmacists Permits[; nor the transportation by a Transporter-for-Hire Licensee].
§ 9.24. Application for vehicle identification [card or] emblem.
(a) Application for [vehicle identification cards or] self-adhering vehicle identification emblems shall be made on forms furnished by the Board and filed with the original or renewal application for licenses required by statute and when additional vehicles are intended to be used in connection with the license.
(b) A charge of $10 will be made for each vehicle identification [card or] emblem.
§ 9.27. [Issuance and replacement of cards] (Reserved).
[(a) Vehicle identification cards will be issued only for vehicles which are properly lettered in accordance with § 9.22 (relating to identification of vehicles), and which are used for the delivery of liquor, malt or brewed beverages or alcohol, and are either owned by the licensee or permittee, or possessed under lease or agreement which contains the following conditions:
(1) That the vehicle is in the possession of and under exclusive control of the licensee.
(2) That the vehicle is operated by the licensee or by a paid employe of the licensee.
(3) That the licensee shall pay expenses incurred in the operation of the hired vehicle, including gas, oil, repairs and so forth.
(4) That the vehicle is lettered in accordance with § 9.22.
(b) Vehicle identification cards shall be carried with all vehicles for which cards have been issued.
(c) If the vehicle identification card becomes marred, defaced, damaged or lost, application for a new card shall be made immediately, accompanied by a fee of $10 and filed with the Board.]
§ 9.28. Use of vehicles.
(a) A licensee engaged in the purchase or sale of liquor, malt or brewed beverages, or alcohol may not use or permit to be used a vehicle bearing his vehicle identification [card or] emblem for the transportation of a liquor, malt or brewed beverages, or alcohol other than that used in the operation of his licensed business. Holders of transporter-for-hire licenses may, however, subject to the limitations of their respective licenses, transport, for a person, liquor, malt or brewed beverages, or alcohol in vehicles owned or possessed by the licensees or operated by them under lease or agreement.
* * * * * (c) A licensee may not sell, lease or permit the use by another of a vehicle for which a vehicle identification [card or] emblem has been issued without first defacing the lettering on the vehicle as described in § 9.22 (relating to identification of vehicles), and [removing the card and returning it to the Board or] removing and destroying the vehicle identification emblem affixed thereto and notifying the Board of the sale, lease or disposition of the vehicle.
§ 9.29. Expiration and termination.
Vehicle identification [cards or] emblems shall expire on the date indicated by the Board unless the license of the licensee has been previously revoked or terminated by the Board, which action automatically terminates the validity of the vehicle identification [card or] emblem issued to the licensee. [In the event of suspension of] If the license is suspended by the Board, the use of the identification [card or] emblem shall be suspended for a like period.
§ 9.30. Temporary use of vehicles.
When a licensee of the Board whose license or permit authorizes the transportation of liquor, malt or brewed beverages, or alcohol in the regular operation of his licensed business desires to use a vehicle not registered with the Board for [a period of] less than 10 days, the licensee may, upon application and the payment of a fee of $10, be issued a temporary [vehicle identification card or other] authorization for the nonregistered vehicle. The [card or other] authorization will include a description of the vehicle and the period of time during which the [card] authorization is valid. [The card shall be surrendered to the Board upon its expiration.] While the vehicle is in operation, there shall be affixed to each side a temporary sign containing the name, address and license number of the licensee, in letters no smaller than 4 inches in height. Transporter-for-Hire Licensees desiring to use a vehicle not registered with the Board for a period of less than 10 days shall apply for the temporary authorization the Board may deem appropriate for the particular class of transporter- for-hire. An application for temporary vehicle authorization shall be accompanied by a fee of $10. The authorization will include a description of the vehicle and the period of time during which the authorization is valid. [The authorization shall be surrendered to the Board upon its expiration.]
CHAPTER 11. PURCHASES AND SALES
Subchapter A. GENERAL PROVISIONS
WHOLESALE ALCOHOL PURCHASE PERMITS § 11.21. Classification, fees and requirements.
* * * * * (b) Duration. [Three classes are issued by the Board for the calendar year.] Permits issued in calendar year 1997 expire December 31, 1997. Permits issued in calendar years 1998, 1999 and 2000 expire December 31, 2000. Thereafter, 4-year terms shall be established whereby all permits issued within a term expire December 31, of the fourth year.
(c) Fees. Fees shall be charged in accordance with the following:
(1) AB and AN permits are issued for a nonrefundable fee of $10 for each calendar year or part thereof.
* * * * * § 11.23. Issuance of card.
* * * * * (c) When a change in agents is desired, a new Wholesale Alcohol Purchase Permit Card shall be obtained by applying to the Board on forms provided by the Board. A nonrefundable fee of $10 for each calendar year or part thereof is required with each application. Forms may be obtained at a State Liquor Store.
TRANSFER, RENEWAL, REVOCATION OR SUSPENSION § 11.42. Renewal of permits.
[An alcohol permit issued under this subchapter shall expire December 31 of the calendar year for which issued. The permits may be renewed by filing an application and the required fee at least 30 days prior to the expiration date of the current permit.] Permits shall be renewed in accordance with § 11.21(b) (relating to classification, fees and requirements).
Subchapter B. SPECIAL PURCHASES OF LIQUOR
PHARMACISTS, HOSPITALS AND STATE INSTITUTIONS § 11.51. Applications and permits.
(a) A registered pharmacist operating a drug store or pharmacy who desires to purchase liquor from a State Liquor Store at wholesale, and sell or dispense the liquor or prescription, or use the liquor in compounding of prescriptions, shall apply to the Board for a Wholesale Liquor Purchase Permit, on the form provided by the Board, and shall include a nonrefundable fee of $10 for each calendar year or part thereof.
* * * * * (d) Wholesale Purchase Permits issued to pharmacists, hospitals and State-owned institutions [shall expire on December 31 of the year in which issued, and may be renewed upon filing, by December 1, of an application] in calendar year 1997 expire December 31, 1997. Permits issued in calendar years 1998, 1999 and 2000 expire December 31, 2000. Thereafter, 4-year terms shall be established whereby all permits issued within a term expire December 31, of the fourth year, and in the case of pharmacists only, payment of [the prescribed] a fee of $10 for each calendar year or part thereof will be required.
* * * * *
CHEMISTS AND MANUFACTURING PHARMACISTS § 11.62. Applications for permits.
* * * * * (b) Application for the permit shall be made by and in the name of the owner, if a natural person; by an authorized partner, if a partnership; or by a principal officer, if a corporation. An application shall be accompanied by a permit fee of $10 for each calendar year or part thereof and shall include the following:
* * * * * (g) [Permits expire on December 31 of the year in which issued, and may be renewed upon the filing by December 1 of an application for renewal, accompanied by a permit fee of $10.] Permits issued in calendar year 1997 expire December 31, 1997. Permits issued in calendar years 1998, 1999 and 2000 expire December 31, 2000. Thereafter 4-year terms shall be established whereby all permits issued within a term expire December 31, of the fourth year. Permits may be renewed by filing an application with a nonrefundable fee of $10 for each calendar year or part thereof.
NONBEVERAGE MANUFACTURERS § 11.72. Applications for permits.
(a) Application for a bulk purchase permit shall be made by and in the name of the owner, if a natural person; by an authorized partner, if a partnership; or by a principal officer, if a corporation. An application shall be accompanied by a nonrefundable permit fee of $20 for each calendar year or part thereof and shall contain the information specified in § 11.62(b) (relating to applications for permits).
* * * * * (c) Upon receipt of the application in proper form, the Board may issue a bulk purchase permit authorizing the purchase of the required types of liquor. [Permits shall expire on December 31 of the year in which issued and may be renewed upon the filing by December 1 of an application for renewal, accompanied by a permit fee of $20.] Permits issued in calendar year 1997 expire December 31, 1997. Permits issued in calendar years 1998, 1999 and 2000 expire December 31, 2000. Thereafter, 4-year terms shall be established whereby all permits issued within a term expire December 31, of the fourth year.
Subchapter I. SALE OF ALCOHOLIC BEVERAGES ON SUNDAY § 11.172. Application for Sunday sales permit.
(a) A licensee who wishes to make Sunday sales of alcoholic beverages shall file an application in the form as may be prescribed by the Board for a Sunday sales permit. The application for a Sunday sales permit shall contain [all of the following]:
* * * * * (4) [A certification by a certified public accountant or public accountant] Information to support the applicant's assertion that for [a period of not less than] at least 90-consecutive days during the 12 months immediately preceding the date of application, sales of food and nonalcoholic beverages by the applicant at the licensed premises were equal to or exceed 30% of the combined gross sale of both food and alcoholic beverages. [The form of the certification shall be as the Board may from time to time determine.]
(b) [The accuracy of the application shall be verified by affidavit of the applicant.] The licensee shall be strictly liable for the accuracy of the information contained in the application and any inaccuracy shall be cause to show why the license should not be suspended or revoked or a fine imposed.
§ 11.176. Renewal.
Renewals of Sunday sales permits shall be accomplished [in the manner] as set forth in § 11.172 (relating to application for Sunday sales permit), except that the [certification] information required by [subsection] § 11.172(a)(4) shall be for the 12-month period or portion thereof immediately preceding the date of the application for renewal.
Subchapter J. REPORTING OF DISHONORED INSTRUMENTS. § 11.181. Notification of the Board.
(a) A person licensed by the Board under Article IV of the Liquor Code (47 P. S. §§ 4-401--4-497) who receives in payment for malt or brewed beverages any check, draft or similar order for the payment of money, which is subsequently dishonored by the bank, banking institution, trust company[,] or other depository upon which drawn, for any reason, shall so notify the Board within 20 days of dishonor, by letter, through the United States mail, addressed to the [Chief of Enforcement Examining, Bureau of Enforcement] Investigative Unit, Liquor Control Board, Harrisburg, Pennsylvania 17124.
* * * * *
CHAPTER 13. PROMOTION
Subchapter B. PROMOTION OF SALE OF LIQUOR BY VENDORS § 13.72. Registration of agents.
* * * * * (b) Applications.
* * * * * [(4) The prospective agent shall present himself for fingerprinting at one of the enforcement offices of the Board, located at Allentown, Altoona, Erie, Harrisburg, Philadelphia, Pittsburgh, Punxsu- tawney, Wilkes-Barre and Williamsport. The Statement of Agent and photographs shall be submitted by the agent at this time. If the agent to be registered has been previously registered and fingerprinted, the provisions of this paragraph may be waived and the application and photographs submitted directly to the Board.]
* * * * *
CHAPTER 15. SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE
Subchapter E. PENALITIES § 15.62. Suspensions and revocations.
(a) In the case of a suspension of a license, the Order of the Administrative Law Judge shall direct the licensee to post in a conspicuous place on the outside of the licensed premises or in a window plainly visible from outside the licensed premises, a notice of the suspension in the form and size and containing the provisions the Office of Administrative Law Judge may require. The notice shall remain posted during the entire period of suspension.
(b) During the suspension period, a licensee, its servants, agents or employes, may not cause to be advertised in any manner, or place in, or about the premises, notice of any kind stating that the licensed establishment is closed for any reason other than the suspension of the license.
(c) Suspensions or revocations of permits or licenses shall be carried out as directed in the adjudication. Failure to adhere to the adjudication is sufficient cause for the issuance of a citation to show cause why the license should not be suspended or revoked or a fine imposed.
[Pa.B. Doc. No. 97-561. Filed for public inspection April 11, 1997, 9:00 a.m.]
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