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PA Bulletin, Doc. No. 02-1998

RULES AND REGULATIONS

Title 40--LIQUOR

LIQUOR CONTROL BOARD

[40 PA. CODE CH. 9]

Transporters-for-Hire

[32 Pa.B. 5512]

   The Liquor Control Board (Board) amends §§ 9.26 and 9.28 (relating to issuance and replacement of emblems; and use of vehicles) to read as set forth in Annex A.

   The final-omitted rulemaking is necessary to aid entities licensed by the Board as transporters-for-hire. Transporters-for-hire are authorized to engage in the commercial transportation of liquor, malt or brewed beverages or alcohol to or from points located in this Commonwealth. The regulations currently require transporters-for-hire to own or lease their vehicles and employ the drivers of these vehicles. This final-omitted rulemaking permits these licensees to contract with unlicensed haulers for transportation services using the unlicensed transporters' vehicles and drivers. The final-omitted rulemaking enables transporters-for-hire to adjust to fluctuations in business volume without having to commit to large expenditures in vehicles and personnel. Moreover, persons who have contracted with and are performing transportation services for a transporter-for-hire would be considered agents of the licensee thus making the transporter-for-hire's license liable for a violation that may result. Additionally, the final-omitted rulemaking requires that transporters-for-hire notify the Board of vehicles that are no longer in service. The Board has not required this notification by its licensees as a matter of practice for numerous years; therefore, this requirement is being deleted.

   Notice of proposed rulemaking is omitted under section 204(1) of the act of July 31, 1968 (P. L. 769, No. 240) (CDL) (45 P. S. § 1204(1)) since the amendments are related to agency practice and procedure and affected licensees have been notified of the amendments.

Fiscal Impact

   The final-omitted rulemaking will impose no new costs upon transporters-for-hire, the Board or the public.

Paperwork Requirements

   The final-omitted rulemaking will not result in additional paperwork for the State or the regulated community operating under transporter-for-hire licenses issued by the Board.

Statutory Authority

   The authority for the final-omitted rulemaking is section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).

Contact Person

   Persons requiring an explanation of the final-omitted rulemaking should contact Jerry Danyluk, Room 513, Northwest Office Building, Harrisburg, PA 17124-0001.

Regulatory Review

   Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on October 3, 2002, the Board submitted copies of the amendments with proposed rulemaking omitted 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. On the same date, the final-omitted rulemaking was submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).

   In accordance with section 5.1(d) of the Regulatory Review Act, the final-omitted rulemaking was deemed approved on October 23, 2002, by the House Liquor Control Committee and the Senate Law and Justice Committee Under section 5.1(e) of the Regulatory Review Committee, IRRC met on October 24, 2002, and approved this final-omitted rulemaking.

Findings

   The Board finds that:

   (1)  Notice of proposed rulemaking is omitted under the authority of section 204(1) of the CDL since the final-omitted rulemaking relates to Board policy, practice and procedure and the affected parties have been notified.

   (2)  Amendment of the Board's regulations is necessary and appropriate for the administration and enforcement of the authorizing statutes.

Order

   The Board, acting under the enabling statute, orders that:

   (a)  The regulations of the Board, 40 Pa. Code Chapter 9, are amended by amending §§ 9.26 and 9.28 to read as set forth in Annex A.

   (b)  The Board shall submit this order and Annex A to the Office of Attorney General for approval as to form and legality as required by law.

   (c)  The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect upon publication in the Pennsylvania Bulletin.

JONATHAN H. NEWMAN,   
Chairperson

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 5582 (November 9, 2002).)

   Fiscal Note:  54-58. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 40.  LIQUOR

PART I.  LIQUOR CONTROL BOARD

CHAPTER 9.  TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE

Subchapter A.  TRANSPORTATION OF LIQUOR, MALT OR BREWED BEVERAGES OR ALCOHOL

VEHICLES

§ 9.26.  Issuance and replacement of emblems.

   (a)  Vehicle identification emblems will be used only for vehicles which are either owned or leased by the licensee or, in the case of a transporter-for-hire, utilized under contract with an unlicensed transporter.

   (b)  Vehicle identification emblems shall be affixed to the lower right corner of the windshield of each vehicle, as viewed from the inside of the vehicle.

   (c)  If the vehicle identification emblem becomes marred, defaced, damaged or is removed, application for a new emblem 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 emblem for the transportation of a liquor, malt or brewed beverages, or alcohol other than that used in the operation of his licensed business. Subject to the limitations of their respective licenses, transporter-for-hire licensees may transport liquor, malt or brewed beverages or alcohol in vehicles owned or leased by the transporter-for-hire licensees and operated by drivers employed by the transporter-for-hire licensees or operated by drivers employed by unlicensed transporters who are under contract with the transporter-for-hire licensees.

   (b)  Persons who have contracted with and are performing transportation services of alcoholic beverages for the transporter-for-hire licensees are considered agents of the transporters-for-hire for purposes of section 471 of the Liquor Code (47 P. S. § 4-471).

   (c)  A licensee may not sell, lease or permit the use by another of a vehicle for which a vehicle identification emblem has been issued without first defacing the lettering on the vehicle as described in § 9.22 (relating to identification of vehicles), and removing and destroying the vehicle identification emblem affixed thereto.

[Pa.B. Doc. No. 02-1998. Filed for public inspection November 8, 2002, 9:00 a.m.]


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