RULES AND REGULATIONS
Title 40--LIQUOR
LIQUOR CONTROL BOARD
[ 40 PA. CODE CHS. 3, 5, 7 AND 13 ]
License Applications and Management Contracts
[38 Pa.B. 2250]
[Saturday, May 17, 2008]The Liquor Control Board (Board), under the authority of section 207(i) of the Liquor Code (47 P. S. § 2-207(i)) has amended Chapters 3, 5, 7 and 13.
Purpose
The Board has reviewed its regulations and determined that these revisions are necessary to conform to changes in the Liquor Code, update obsolete regulations and implement new procedures to improve service to the public.
Summary of Amendments
The regulatory amendments rescind regulations concerning the ''Points System,'' the enabling legislation for which has expired. Other changes permit the Board to conduct tasting events in its stores. Finally, obsolete and repetitive regulations are updated and consolidated.
* The rulemaking rescinds regulations concerning the ''Points System.''
* It consolidates two separate regulations about the appointment of managers for licensed establishments.
* It corrects a regulation relating to license transfers upon death of a licensee.
* It amends regulations on the safekeeping of licenses to parallel recent changes in the Liquor Code.
* It permits the Board to conduct tasting events in its stores.
Affected Parties
The final-form rulemaking will affect licensees and customers of the Board's wine and spirits stores.
Paperwork Requirements
The final-form rulemaking will not significantly increase paperwork for the agency or the regulated community.
Fiscal Impact
No fiscal impact is expected.
Effective Date
This rulemaking shall become effective upon its publication as final-form in the Pennsylvania Bulletin.
Contact Person
Requests for information should be addressed to James F. Maher, Assistant Counsel, Office of Chief Counsel, Liquor Control Board, Room 401, Northwest Office Building, Harrisburg, PA 17124-0001.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (act) (71 P. S. § 745.5(a)), on December 6, 2007, the Board submitted a copy of the notice of proposed rulemaking, published at 37 Pa.B. 6932 (December 29, 2007), to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Liquor Control Committee on December 6, 2007, and Senate Committee on Law and Justice on December 6, 2007, for review and comment.
Under section 5(c) of the act, the Board is required to provide IRRC and the Committees with copies of the comments received during the public comment period, as well as other documents when requested. No comments from IRRC, the Committees or the public were received.
Under section 5.1(j.2) of the act, on March 19, 2008, these final-form regulations were deemed approved by the House and Senate Committees. Under section 5(g) of the act, the final-form regulations were deemed approved by IRRC effective March 19, 2008.
Findings
The Commission finds that:
(1) Public notice of the intention to adopt the administrative amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The amendments to the Board's regulations in the manner provided in this order is necessary and appropriate for the administration of the Liquor Code.
Order
The Board, acting under authorizing statute, orders that:
(a) The regulations of the Board, 40 Pa. Code Chapters 3, 5, 7 and 13 are amended by amending §§ 5.23, 7.5, 7.31, 7.32, 13.221 and 13.227; and by deleting §§ 3.121, 3.122 and 5.16 to read as set forth at 37 Pa.B. 6932.
(b) The Executive Director of the Board shall certify this order and 37 Pa.B. 6932 and deposit them with the Legislative Bureau as required by law.
(c) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
PATRICK J. STAPLETON, III,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 38 Pa.B. 1905 (April 19, 2008).)
Fiscal Note: Fiscal Note 54-64 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 08-917. Filed for public inspection May 16, 2008, 9:00 a.m.]
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