§ 11.231. General provisions.
(a) The Board may accept the return of liquor purchased from the Board for ordinary and usual commercial reasons arising after the product has been sold. Sections 11.232—11.237 specify ordinary and usual commercial reasons for the return of products and outline the conditions and limitations for returns. If the Board accepts the returned product, the licensee will receive the price paid as evidenced by documentation of the transaction, as defined in subsection (d), less handling charges in accordance with subsection (e). The Board will not accept the return of product purchased from a third party, even if the third party purchased the product from the Board.
(b) The Board will not accept the return of product for reasons that do not constitute ordinary and usual commercial reasons, including all of the following:
(1) Product sought to be returned because it is overstocked or slow-moving.
(2) Product sought to be returned because there is only a limited or seasonal demand, such as holiday decanters and certain distinctive bottles.
(3) Product sought to be returned because the licensee changed its menu or for other similar business reasons.
(4) Product sought to be returned because it was damaged after the product left the custody or control of the Board.
(5) Product sought to be returned for any other reason that is not included in § § 11.232—11.237.
(c) The repurchase of product related to the discontinuance or sale of a licensee’s business is addressed in § § 9.113 and 9.114 (relating to requests for repurchase by licensees who have discontinued business or sold their licensed business; information to be furnished; and repurchase of liquor presented to the Board).
(d) For purposes of this subchapter, ‘‘documentation of the transaction’’ may include, but is not limited to, a signed bill of lading, a licensee sales invoice or a point of sale receipt.
(e) The Board may refund the licensee for some or all of the liquor purchased from State Liquor Stores at the price paid by the licensee in accordance with this subchapter. A handling charge equal to the greater of 12.5% of the purchase price or $50, whichever is greater, will only be assessed when 12 bottles or more are accepted for return.
(f) The return of liquor purchased as a special order listing, as defined in § 13.71 (relating to definitions), is subject to § 11.239 (relating to special order listings).
Cross References This section cited in 40 Pa. Code § 11.233 (relating to error in products delivered); 40 Pa. Code § 11.236 (relating to change in product); 40 Pa. Code § 11.237 (relating to discontinued products); 40 Pa. Code § 11.238 (relating to permit holders); and 40 Pa. Code § 11.239 (relating to special order listings).
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