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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 04-1196a

[34 Pa.B. 3411]

[Continued from previous Web Page]

CHAPTER 9. TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE

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

VEHICLES

§ 9.22. Identification of vehicles.

   Except for Transporter-for-Hire, Class C Licensees, persons transporting liquor, malt or brewed beverages, or alcohol under the authority of a transporter-for-hire license issued by the Board, except as provided in § 9.30 (relating to temporary use of vehicles), shall [have--affixed to the lower right corner of the windshield as viewed from the inside of each vehicle used in the operation of the business--the self-adhering emblem the Board deems appropriate for the particular class of transporter-for-hire] maintain a Board-issued vehicle identification card inside of each vehicle used. Licensees of the Board whose licenses authorize the transportation of liquor, malt or brewed beverages, or alcohol in the regular operation of their licensed business shall [have painted or affixed] display on each side of each vehicle used in the operation of the business their name, address including the street name and number as shown on the license and the license number as shown on the license in letters no smaller than 4 inches in height. The license identification number shall be preceded by the letters ''P. L. C. B.''

§ 9.23. Vehicle identification [emblems] cards.

   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 [emblem] card 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 [emblem] card is not required of a retail licensee, or his authorized agent named on his Wholesale Purchase Permit Cards, for the transportation of liquor purchased at a State Liquor Store for use in the licensed business, or the transportation of alcohol purchased at a State Store by an alcohol permittee; or the transportation of liquor purchased at a State Store by holders of Pharmacy Permits, Hospital Pharmacy Permits, or Chemists and Manufacturing Pharmacists Permits.

§ 9.24. Application for vehicle identification [emblem] card.

   (a)  Application for [self-adhering] a vehicle identification [emblems] card 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 [emblem] card.

§ 9.26. Issuance and replacement of [emblems] cards.

   (a)  Vehicle identification [emblems] cards will be [used] issued 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] card becomes marred, defaced, damaged or is [removed] misplaced/lost, application for a new [emblem] 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] assigned a vehicle identification [emblem] card for the transportation of a liquor, malt or brewed beverages, or alcohol other than that used in the operation of ]his] its 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.

*      *      *      *      *

   (c)  A licensee may not sell, lease or permit the use by another of a vehicle for which a vehicle identification [emblem] card has been issued without first obscuring or 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].

§ 9.29. Expiration and termination.

   Vehicle identification [emblems] cards 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 [emblem] card issued to the licensee. If the license is suspended by the Board, the use of the vehicle identification [emblem] card shall be suspended for a like period.

Subchapter H. IMPORTATION OF WINE PURCHASED BY MEANS OF THE INTERNET

Sec.

9.131.Scope.
9.132.Definitions.
9.141.Requirements for licensure as a direct shipper.
9.142.Records to be maintained.
9.143.Sales of wines.
9.144.Products shipped.
9.145.Direct shipper's website.

§ 9.131. Scope.

   This subchapter is to be applied in conjunction with the Liquor Code and sets forth the nature and kind of proof required thereunder.

§ 9.132. Definitions.

   The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicated otherwise:

   Consumer--A person, 21 years of age or older at the time that the order is placed, who resides in this Commonwealth and is ordering wine by means of the Internet from a direct shipper for personal consumption, not for resale.

   Direct shipper--A person or legal entity outside this Commonwealth who obtains a license from the Board to accept orders placed for wine within this Commonwealth by means of the Internet and who ships or facilitates in any way the shipment of wine by a delivery agent or common carrier to a Wine and Spirits Store.

§ 9.141. Requirements for licensure as a direct shipper.

   (a)  The direct shipper is a legal entity licensed in another state as a producer, supplier, importer, wholesaler, distributor or retailer of wine that completes an application for license and files the application with the Board.

   (b)  The direct shipper agrees to submit to the jurisdiction of the Board, any other Commonwealth agency, the Board of Claims and the courts of this Commonwealth for any dispute arising out of the direct shipper's conduct of business with the Board or consumers.

   (c)  The laws of the Commonwealth govern any dispute or issue arising from or involving any transaction or dealing between direct shipper and the Commonwealth.

   (d)  The direct shipper agrees to indemnify the Board from any cause of action arising from its conduct of business in this Commonwealth.

   (e)  The direct shipper agrees to notify the Board if any of its licenses or permits, by which it is licensed in another state, are suspended, revoked, terminated or not renewed by the issuing authority.

   (f)  Failure by the direct shipper to remain licensed in another state could result in citation by the Pennsylvania State Police, Bureau of Liquor Control Enforcement or nonrenewal of the direct shipper license by the Board.

§ 9.142. Records to be maintained.

   (a)  The Commonwealth has the right to audit, at reasonable times and at a site designated by the Commonwealth, and the direct shipper shall give full and free access to the Commonwealth or its authorized representative, or both, to the books, documents and records of the direct shipper to the extent that the books, documents or records relate to the sale by the direct shipper to consumers and to the collection of taxes and fees and the submission of same to the Commonwealth.

   (b)  The direct shipper agrees to maintain records, which will support the products, including brands, vintages, volumes and sizes sold to consumers and the collection and submission of taxes and fees regarding the products sold.

   (c)  The direct shipper shall maintain all books, documents and records described in this section for 3 years from the date of the sale.

§ 9.143. Sales of wines.

   (a)  The direct shipper shall possess a valid license issued by the Board.

   (b)  The direct shipper may sell to consumers only those classes, varieties and brands of wine not available for sale by the Board to consumers. Those items that may not be sold by direct shippers are listed on the Board's website and are subject to change. Direct shippers may not ship or sell by means of the Wine and Spirits Stores any other items, alcoholic or nonalcoholic, to consumers other than wine not listed on the Board's website.

   (c)  The direct shipper may only process orders received by means of the Internet.

   (d)  Consumers may not purchase, and direct shipper may not sell, more than 9 liters of wine to a single consumer per month.

   (e)  The direct shipper shall provide the consumer with an Internet wine order which is a numbered receipt listing the following:

   (1)  The consumer's name, address, phone number and date of birth.

   (2)  The name, address, phone number and date of birth of any other person authorized to pick up the product at the Wine and Spirits Store.

   (3)  The selling price, total volume and a complete and accurate description of products purchased.

   (4)  Eighteen percent Emergency Tax.

   (5)  Six percent Sales Tax.

   (6)  One percent Philadelphia/Allegheny County only Sales Tax, if applicable.

   (7)  Fees collected.

   (8)  The address of the Wine and Spirits Store to which the product is being shipped.

   (f)  Two copies of the Internet wine order must be with the product package and a copy must also be forwarded to the Board electronically within 1 business day from the date of the placement of the order.

   (g)  The direct shipper shall collect the 18% Emergency Tax, the appropriate Pennsylvania Sales Tax, and the Board's handling fee of $4.50.

   (h)  The direct shipper shall remit to the Board by the 10th calendar day of the following month, the amount of taxes and fees collected from the prior month's sales. This remittance must be accompanied by a list detailing the numbered receipts being remitted.

   (i)  Failure to submit the appropriate fees and taxes will subject the direct shipper to citation by the Pennsylvania State Police, Bureau of Liquor Control Enforcement, which may result in civil penalties or criminal penalties, or both.

   (j)  The direct shipper agrees that the Commonwealth may set off the amount of any State tax liability or the other obligation of the direct shipper or its subsidiaries to the Commonwealth against any payments due the direct shipper under any contract with the Commonwealth.

   (k)  Annually, the direct shipper shall provide to the Board by the 15th day of the following January, a total of all sales of wine to consumers by the number of units and the dollar amount.

§ 9.144. Products shipped.

   (a)  Wine shipped to a consumer must be shipped to a Wine and Spirits Store.

   (b)  Shipments must be delivered to a Wine and Spirits Store by a transporter-for-hire licensed by the Board.

   (c)  Each package so shipped must be clearly identified as containing alcoholic beverages.

   (d)  Each package must clearly identify the direct shipper on the outside of the package and must have with the package a copy of the Internet wine order.

   (e)  Each order by a consumer must be packaged separately.

   (f)  All packaging materials must be sufficient to protect the product from damage during normal handling.

   (g)  The direct shipper agrees that any missing product, incorrect product, or damage to product, including breakage, defaced labels, leakage or other defects, noted on the Internet wine order will be the responsibility of the direct shipper.

   (h)  The direct shipper agrees that any wine that is not picked up by the consumer within 30 days of receipt by the Wine and Spirits Store becomes the property of the Board.

   (i)  The direct shipper shall provide a ''call tag'' with each order shipped.

§ 9.145. Direct shipper's website.

   (a)  The direct shipper's website must contain language that the direct shipper is solely responsible for the fitness of the product and that the Board neither endorses the direct shipper nor its products.

   (b)  The direct shipper's website must explain fully the direct shipper's policy on the return of wine purchased by consumers.

   (c)  The direct shipper's website must inform consumers that it will not sell to anyone who is under 21 years of age on the date of order, and that the product will not be released to anyone who cannot demonstrate that he is 21 years of age or older, or to anyone who is not a resident of this Commonwealth, or to anyone who is under the influence of alcohol or other drugs.

   (d)  The direct shipper's website must contain the following language:

DISCLAIMER

Consumers must be 21 years of age or older on the date of order and residents of Pennsylvania. All wine purchased must be for personal consumption and not for resale. Consumers must select a Wine and Spirits Store for delivery of their order. The Consumer must pick up the product in person at the selected Wine and Spirits Store or designate at the time of order an individual(s) who will be permitted to pick up the order. Whoever picks up the order must be 21 and a Pennsylvania resident. When the order is picked up, the person must present photo identification and be prepared to sign an affidavit that he or she is 21 years of age or older, a Pennsylvania resident and that the wine is for personal use not for resale. The entire order must be picked up; no partial order pick-ups will be permitted.
The Pennsylvania Liquor Control Board endorses no Direct Shipper nor does it provide any warranties either express or implied, as to the fitness or merchantability of any product purchased over the Internet or assumes any liability for the use or misuse of any product. The Pennsylvania Liquor Control Board will not accept any returns. All requests for the return of any product ordered over the Internet for any reason must be made directly to the Direct Shipper. For any product damaged after receipt at the Wine and Spirits Store, Consumer will be fully reimbursed for the entire cost of the order by the Board. Any order not picked up within 30 days of receipt at the Wine and Spirits Store becomes the property of the Pennsylvania Liquor Control Board.

   (e)  The direct shipper's website must require the consumer to indicate that the consumer has read the Board's disclaimer and agrees to its terms and conditions before consumer may complete the consumer's order. The direct shipper shall maintain a copy of the consumer's acceptance of the disclaimer for 2 years.

   (f)  If the direct shipper wishes to be linked to the Board's website, it shall sign a linking agreement in the form provided by the Board.

CHAPTER 11. PURCHASES AND SALES

Subchapter A. GENERAL PROVISIONS

RETAIL AND WHOLESALE PURCHASE--GENERAL

§ 11.7. Authorized agents of cardholder.

   (a)  A permit holder may authorize up to [two] four agents to make purchases in his behalf for use in his business or establishment, subject to the following:

   (1)  Only individuals regularly employed in the business or establishment of a permit holder or licensed transporters-for-hire may be designated as agents.

*      *      *      *      *

   (b)  A permit holder may appoint [an] authorized [agent] agents in place of [either of the two] those whose [signature] signatures originally appeared on the Wholesale Liquor Purchase Permit Card by crossing out the name of the deposed agent in ink and having [the third party] or other parties properly sign the card. [Additional agents may not be appointed in this manner, and a permit holder is not allowed more than two agents.]

   (c)  If a permit holder desires to make more [than one change in his authorized agent] changes in the designation of authorized agents than space permits on the Wholesale Liquor Purchase Permit Card, the permit holder shall obtain a duplicate Wholesale Liquor Purchase Permit Card by obtaining at the State Store, where the card is on deposit, a form as prescribed by the Board, which shall be completed by the permit holder and returned with a fee of $10. The manager of the State Store will forward the form to the Bureau of Licensing of the Board. A new card will be forwarded to the store. During the time required for this transaction, purchase at wholesale may be made by the permit holder or an authorized agent at the store where the old card is on deposit. Upon receipt of the new card, the store manager shall immediately notify the permit holder. The old card will then become void and shall be forwarded to the Bureau of Licensing by the manager. The manager shall deliver the new Wholesale Liquor Purchase Permit Card to the permit holder when he visits the store and requests delivery. The new card is not valid until properly signed in accordance with § 11.6 (relating to signature on cards).

RIGHTS AND DUTIES OF PERMITTEES

§ 11.33. Purchase of alcohol by AN and AE permittees.

*      *      *      *      *

   (c)  Alcohol may be purchased in bulk by AN or AE permittees from distillers located outside this Commonwealth through the Board, subject to the following:

   (1)  AN and AE Permittees desiring to purchase alcohol in bulk shall submit their order for the purchases, in duplicate, to the Board on forms provided by the Board, obtainable from the Purchasing Division of the Board. Bulk purchases of 190 proof alcohol by AN permittees will be allowed only in quantities of 25 wine gallons or more and in containers of at least 5-gallon capacity. AE permittees may purchase alcohol in bulk, without restrictions as to size of containers or quantity purchased. [An order submitted by an AN permittee shall be accompanied by a remittance in the amount of $5. A service charge will not be required of AE permittees.] Immediately upon receipt from a permittee of a bulk purchase order for alcohol, the Board will, if approved, note thereon its approval and send it to the designated distiller, notifying the distiller to make shipment to the Board at the destination indicated in the order.

*      *      *      *      *

CHAPTER 13. PROMOTION

Subchapter A. ADVERTISING

DISTILLED SPIRITS

§ 13.14. [Cooperative advertising] (Reserved).

   [There may be no cooperative advertising between a producer, manufacturer, bottler, importer or wholesaler and a retailer of distilled spirits.]

WINE

§ 13.24. [Cooperative advertising] (Reserved).

   [There may be no cooperative advertising between a producer, bottler, importer, or wholesaler and a retailer of wine.]

ADVERTISING OF BRAND NAMES

§ 13.42. Window and doorway display.

   (a)  A licensee may [not], without board approval, install or permit to be installed any electrically operated signs or devices, lithographs, framed pictures, cardboard displays, statuettes, plaques, placards, streamers or similar items advertising brand names and intended for window and doorway display on the licensed premises [until the licensee has submitted detailed information to the Board on Form PLCB-948, and obtained Board approval. The signs may not exceed 600 square inches in display area and shall carry a serial or model number permanently affixed to the display for identification purposes. A photograph or sketch of the display sign shall accompany the application form].

   (b)  Advertising may not exceed 600 square inches in display area. When the [approved sign] advertising material is of maximum size, no background material may be used. When installing [approved] signs of smaller size, the combined area of the sign and background or decoration may not exceed the maximum area of 600 square inches.

   [(c)  Brand name advertising matter may not be painted or affixed in a manner to the inside or outside of the glass in show windows or doorways of licensed establishments.]

§ 13.43. Interior display.

   (a)  A licensee may [not], without board approval, install or permit to be installed electrically operated signs or devices, lithographs, framed pictures, cardboard displays, statuettes, plaques, placards, streamers or similar items advertising brand names and intended for interior display on the licensed premises [until the licensee has submitted detailed information to the Board on forms provided by the Board, and obtained Board approval. A photograph or sketch of the display sign shall accompany the application form].

   (b)  When the [approved sign] point-of-sale material, as described in subsection (a), is of maximum value as set by the Board, no background material may be used in conjunction with the installation.

*      *      *      *      *

GIVING AND ACCEPTING THINGS OF VALUE

§ 13.51. General prohibition.

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   (d)  After prior written agreement, manufacturers may reimburse importing distributors or distributors for the cost of affixing the manufacturers' beer brand logos to importing distributors' or distributors' delivery vehicles.

§ 13.52. Advertising novelties.

*      *      *      *      *

   (c)  Nominal value, as used in this subsection, means an amount not to exceed a monetary limit established and disseminated by the Board. Advertising novelties provided by manufacturers or any class of licensee may not be used as equipment by any hotel, restaurant, club, retail dispenser, importing distributor or distributor licensee. Notwithstanding any other provisions of this section, licensees may sell glasses at not less than cost and provide metal keg connectors and tap knobs to other licensees and to holders of special occasion permits. Manufacturers or importers may furnish, give, rent, loan or sell wine lists or menus to retail licensees. The wine lists/menus may involve cooperative endeavors related to cost sharing and advertisement between manufacturers/importers and retail licensees. Wine lists/menus for on-premises use may contain preprinted prices.

   (d)  Advertising banners/signs for exterior use are considered advertising novelties if the banners/signs conspicuously advertise the alcoholic beverage products sold by the licensee or the name of the manufacturer of alcoholic beverage products sold by the licensee. Exterior advertising banners/signs must comply with section 498 of the Liquor Code (47 P. S. § 4-498).

   (e)  Advertising banners/signs that are used for interior display are not subject to the advertising novelty cost limit, but are subject to the point of sale advertising cost limit as set forth by the Board.

   (f)  Licensees of any class may sell promotional items advertising their own business only, such as tee shirts, mugs, caps and other similar items, to the general public.

§ 13.53. Bar spending/free drinks.

   Representatives of manufacturers and licensees may give or purchase an alcoholic beverage for consumers in retail licensed premises provided the giving of the alcoholic beverage is not contingent upon the purchase of any other alcoholic beverage and is limited to one standard-sized alcoholic beverage per patron in any offering. A standard-sized alcoholic beverage is 12 fluid ounces of a malt or brewed beverage, 4 fluid ounces of wine (including fortified wine) and 1 1/2 fluid ounces of liquor.

Subchapter C.  SOLICITATION FOR THE PURCHASE OF ALCOHOLIC BEVERAGES

§ 13.102. Discount pricing practices.

*      *      *      *      *

   (b)  Exceptions. Nothing in subsection (a) prohibits:

*      *      *      *      *

   (2)  The offering for sale of one specific type of alcoholic beverage or drink per day or a portion thereof at a reduced price, if the offering does not violate subsection (a). For purposes of this section, a specific type of alcoholic beverage means either a specific registered brand of malt or brewed beverages, a type of wine, a type of distilled spirits or a mixed drink. Examples of permissible drink discounts are found in Board Advisory Notice 16.

   [(3)  The sale, serving or offering of an unlimited or indefinite amount of alcoholic beverages as part of a meal package after 7 a.m. on December 31, 1999, until 2 a.m. on the following day by a hotel licensee to registered overnight guests of the hotel.]

Subchapter D. TASTING EVENTS

GENERAL PROVISIONS

Sec.

13.201.Definitions.

TASTING EVENTS

13.211.Tasting events.

IN-STORE TASTING EVENTS

13.221.General requirements.
13.222.Prior approval.
13.223.Procurement of wine and/or spirits, or both.
13.224.Duration of in-store tasting events.
13.225.Tastings per consumer.
13.226.Food, supplies and equipment.
13.227.Participation by Board employees.
13.228.Disposal of unused alcohol and empty containers.
13.229.Advertising.

GENERAL PROVISIONS

§ 13.201. Definitions.

   The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   In-store tasting events--Tastings/tasting events held upon the premises of a State Liquor Store.

   Sponsor--A sponsor of a tasting event may be any licensed broker, holder of a limited winery or winery license, or a manufacturer of liquor or its agent 21 years of age or older.

   Standard size alcoholic beverage--A standard size alcoholic beverage is 12 fluid ounces of a malt or brewed beverage, 4 fluid ounces of wine (including fortified wine) or 1 1/2 fluid ounces of liquor.

   Tastings/tasting events--A presentation of alcoholic products to the public for the purpose of market research, disseminating product information and education of the public as to quality and availability.

TASTING EVENTS

§ 13.211. Tasting events.

   (a)  Tastings may be conducted by licensed brokers, distributors, importing distributors and manufacturers or their agents upon licensed or unlicensed premises.

   (b)  Licensed brokers, distributors, importing distributors and manufacturers or their agents conducting a tasting event shall adhere to the following requirements:

   (1)  Products used shall be legally procured and properly registered and taxes on the products shall be paid.

   (2)  Purchase requirements may not be associated with the tasting.

   (3)  No more than one standard size alcoholic beverage of each product shall be provided to each tasting participant.

IN-STORE TASTING EVENTS

§ 13.221. General requirements.

   (a)  Sponsors may conduct an in-store tasting event at the discretion of the Board.

   (b)  Only one sponsor may conduct an in-store tasting event at any one store at any one time unless otherwise approved by the Board.

   (c)  Sponsors shall observe all State and Federal laws and regulations governing liquor and wine during in-store tasting events.

§ 13.222. Prior approval.

   (a)  Sponsors shall obtain approval from the Board to conduct an in-store tasting event prior to the date of the proposed event.

   (b)  Prior to the in-store tasting event, sponsors may be required to demonstrate evidence of liability insurance in an amount to be determined by the Board and sign and submit a Pennsylvania Liquor Control Board Indemnity Against Liability form to the Board.

   (c)  Prior to the in-store tasting event, sponsors shall provide the Board with a list of products to be tasted by consumers.

   (d)  The Board will determine the time, date, and location of the in-store tasting event and will notify the sponsor of same.

§ 13.223. Procurement of wine or spirits, or both.

   (a)  Wine or spirits used during the in-store tasting events must be procured by the sponsor in accordance with the sampling process as specified in § 13.81 (relating to samples of liquor) or by legal purchase.

   (b)  A maximum of four products per sponsor per in-store tasting event may be made available for tasting by consumers.

   (c)  Wine and spirits used during an in-store tasting event must be dispensed from original containers prepared by the manufacturer with labels visible to the consumer.

§ 13.224. Duration of in-store tasting events.

   The duration of an in-store tasting event is limited to a maximum of 2 consecutive hours.

§ 13.225. Tastings per consumer.

   (a)  In the case of wine, only 1 ounce may be served to any one consumer for each product tasted. A consumer may not be furnished more than 4 ounces of wine.

   (b)  In the case of spirits, only 1/4 ounce may be served to any one consumer for each product tasted. A consumer may not be furnished more than 1 ounce of spirits.

§ 13.226. Food, supplies and equipment.

   (a)  The sponsor is responsible for providing all supplies and equipment associated with an in-store tasting event subject to Board approval, including dump buckets, water glasses, tasting containers and tables.

   (b)  The sponsor shall provide food, such as cheese and crackers, for consumption by consumers during the in-store tasting event.

   (c)  The sponsor shall be in compliance with applicable municipal health codes.

§ 13.227. Participation by Board employees.

   (a)  Board employees may not pour, dispense or serve tastings to the public. Board employees may not encourage consumer participation in the event.

   (b)  Board employees may give general information, such as sponsor, time and date, regarding the in-store tasting event to the public.

   (c)  On-duty employees of the State Liquor Store where the in-store tasting event is being conducted may not consume beverage alcohol.

§ 13.228. Disposal of unused alcohol and empty containers.

   (a)  At the conclusion of the in-store tasting event, sponsors shall discard unused portions of opened liquor containers at the State Liquor Store.

   (b)  Sponsors shall dispose of all empty liquor containers in accordance with section 491(5) of the Liquor Code (47 P. S. § 4-491(5)).

   (c)  Unused product, bottles or containers may not be furnished to employees of the Board.

§ 13.229. Advertising.

   Advertising of the in-store tasting event by the sponsor is subject to prior Board approval.

Subchapter E. SAMPLES

Sec.

13.231.General provisions.

§ 13.231. General provisions.

   (a)  Samples may be provided by manufacturers or their representatives, licensed distributors and importing distributors to unlicensed customers. Samples of liquor to licensed customers shall conform to § 13.81 (relating to samples of liquor).

   (b)  Samples shall be in unopened containers of the smallest commercially available size.

   (c)  Providing samples may not be conditioned upon any purchase requirement.

   (d)  Samples may not be opened or consumed on State Liquor Store premises or distributor or importing distributor licensed premises.

   (e)  Samples are limited to one container per patron in any offering.

CHAPTER 15. SPECIAL RULES OR ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE

Subchapter E. PENALTIES

§ 15.62. Suspensions and revocations.

*      *      *      *      *

   (d)  When a license application for transfer is pending and the transferor has an outstanding license suspension imposed by the Office of Administrative Law Judge that has not yet been served and cannot be served because the premises is not in operation, the transferee shall either serve the suspension upon approval of the transfer, or request that the suspension be converted to a fine to be paid by the transferee upon approval of the transfer, subject to § 7.10 (relating to conversion of suspension to fine).

[Pa.B. Doc. No. 04-1196. Filed for public inspection July 2, 2004, 9:00 a.m.]



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