§ 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:
(1) The name and address of the licensee.
(2) The address of the licensed premises.
(3) The license number.
(4) Information to support the application’s assertion that for 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.
(b) 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.
Source The provisions of this § 11.172 adopted July 23, 1971, effective July 24, 1971, 1 Pa.B. 1561; amended August 22, 1986, effective October 1, 1986, 16 Pa.B. 3114; corrected September 5, 1986, effective October 1, 1986, 16 Pa.B. 3292; amended November 22, 1996, effective November 23, 1996, 26 Pa.B. 5699; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial page (222623).
Notes of Decisions Administrative Law Judges
An administrative law judge may suspend or revoke a liquor license for violations of the Liquor Code or these regulations. Because issuance of a liquor license was a prerequisite to the issuance of a Sunday Sales Permit, and such a permit only related to a licensee’s ability to sell liquor between certain hours on Sunday and Monday mornings, there was inherent in an administrative law judge’s power to suspend or revoke a liquor license the power to suspend or revoke a Sunday Sales Permit. Shenanigans of Lake Harmony, Inc. v. Liquor Control Board, 654 A.2d 166 (Pa. Cmwlth. 1995).
As the liquor licensee furnished false information on its Sunday Sales Permit renewal application and failed to meet the minimum required sales ratios, the order imposing a fine and revocation of the permit was supported by substantial evidence. State Police v. Boots & Bonnet, Inc., 630 A.2d 541 (Pa. Cmwlth. 1993).
A licensee must fill out an application to make Sunday sales and certify that sales of food and nonalcoholic beverages equals 40% of the food and alcoholic beverage sales. Falsifying information on the application resulted in a $400 fine and revocation of the Sunday sales permit. State Police v. Boots, 630 A.2d 541 (Pa. Cmwlth. 1993).
Cross References This section cited in 40 Pa. Code § 11.174 (relating to provisional Sunday sales permit); and 40 Pa. Code § 11.176 (relating to renewal).
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