RULES AND REGULATIONS
Title 40—LIQUOR
LIQUOR CONTROL BOARD
[ 40 PA. CODE CH. 3 ]
Brewery Pub Location
[41 Pa.B. 6217]
[Saturday, November 19, 2011]The Liquor Control Board (Board), under the authority of sections 207(i) and 446 of the Liquor Code (47 P. S. §§ 2-207(i) and 4-446), amends Chapter 3 (relating to license applications).
Summary
This final-omitted rulemaking recognizes the growth and evolution of ''craft'' brewing of beer in this Commonwealth. As a result of this growth, certain breweries have reached the point where demand for their beer at their brewery pubs has outstripped their capacity to produce beer at the adjacent brewery. While the logical solution would be for the brewery to open another brewery to address the demand for beer at the brewery pub, the Board's regulations preclude the sale of beer produced at the second brewery by the original brewery pub because the second brewery would not be deemed adjacent to the original brewery pub. This final-omitted rulemaking resolves this issue.
Affected Parties
The final-omitted rulemaking will affect licensed breweries. There are 90 active licensed breweries in this Commonwealth. Of these licensed breweries, 21 also have brewery pubs with active licenses. The potentially affected parties have been given notice of this final-omitted rulemaking either by e-mail or postal mail.
Paperwork Requirements
This final-omitted rulemaking is not expected to affect legal, accounting or consulting procedures and should not require additional reporting, recordkeeping or other paperwork.
Fiscal Impact
This final-omitted rulemaking is not expected to have fiscal impact on the regulated community or State and local governments. Sales revenues for licensed breweries may be increased as a result of this final-omitted rulemaking.
Effective Date
This final-omitted rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Contact Person
Further information is available by contacting James F. Maher, Assistant Counsel or Christopher L. Herrington, Deputy Chief Counsel, Office of Chief Counsel, Liquor Control Board, Room 401, 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 September 7, 2011, the Board submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Liquor Control Committees. 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).
Under section 5.1(j.2) of the Regulatory Review Act, on October 19, 2011, the final-omitted rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on October 20, 2011, and approved the final-omitted rulemaking.
Order
The Board, acting under authorizing statute, orders that:
(a) The regulations of the Board, 40 Pa. Code Chapter 3, are amended by amending § 3.92 to read as set forth in Annex A.
(b) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective 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 41 Pa.B. 6057 (November 5, 2011).)
Fiscal Note: 54-66. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 40. LIQUOR
PART I. LIQUOR CONTROL BOARD
CHAPTER 3. LICENSE APPLICATIONS
Subchapter J. MALT OR BREWED BEVERAGE
MANUFACTURERS§ 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.
[Pa.B. Doc. No. 11-1991. Filed for public inspection November 18, 2011, 9:00 a.m.]
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