Subchapter B. SPECIAL PURCHASES OF LIQUOR
PHARMACISTS, HOSPITALS AND STATE INSTITUTIONS Sec.
11.51. Applications and permits.
11.52. Sales on prescription only.
11.53. Retention of prescriptions.
11.54. Inspection of premises.
11.55. Records.
11.56. Consumption in pharmacy prohibited.
11.57. Penalties.
CHEMISTS AND MANUFACTURING PHARMACISTS
11.61. Requirement for liquor.
11.62. Applications for permits.
11.63. Wholesale purchases at State Liquor Stores.
11.64. Bulk purchases.
11.65. Refusal of Board to purchase liquor and revocation of permit.
NONBEVERAGE MANUFACTURERS
11.71. Requirement for liquor.
11.72. Applications for permits.
11.73. Bulk purchases.
11.74. Use of liquor.
11.75. Records.
11.76. Refusal of Board to purchase liquor and revocation of permit.
PHARMACISTS, HOSPITALS AND STATE INSTITUTIONS
§ 11.51. Applications and permits.
(a) A registered pharmacist operating a drug store or pharmacy who desires to purchase liquor from a State Liquor Store at wholesale, and sell or dispense the liquor or prescription, or use the liquor in compounding of prescriptions, shall apply to the Board for a Wholesale Liquor Purchase Permit, on the form provided by the Board, and shall include a nonrefundable fee of $10 for each calendar year or part thereof.
(b) Hospitals and State-owned institutions which desire to purchase liquor from a State Liquor Store at wholesale, and sell or dispense the liquor to patients upon the prescription of a physician, or use the liquor in the compounding of prescriptions, shall apply to the Board for a Wholesale Liquor Purchase Permit, on the form provided by the Board. A fee will not be required.
(c) Upon receipt of an application in proper form, the Board may issue a Wholesale Purchase Permit as provided in Subchapter A (relating to general provisions), authorizing the purchase of liquor at wholesale in accordance with § 11.52 (relating to sales on prescription only).
(d) Wholesale Purchase Permits issued to pharmacists, hospitals and State-owned institutions in calendar year 1997 expire December 31, 1997. Permits issued in calendar years 1998, 1999 and 2000 expire December 31, 2000. Thereafter, 4-year terms shall be established whereby all permits issued within a term expire December 31, of the fourth year, and in the case of pharmacists only, payment of a fee of $10 for each calendar year or part thereof will be required.
(e) The Board may refuse to issue or renew a Wholesale Liquor Purchase Permit under this section if it is of the opinion that this title or the laws of the Commonwealth relating to liquor, malt or brewed beverages, or alcohol have not been complied with.
Source The provisions of this § 11.51 adopted June 26, 1952; amended through November 4, 1963; amended June 18, 1982, effective July 1, 1982, 12 Pa.B. 1860; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial pages (205176) to (205177).
§ 11.52. Sales on prescription only.
The holder of a permit under this subchapter may purchase at wholesale and sell, dispense or use in the compounding of prescriptions and medicines only, whiskey, brandy, Holland gin, champagne and port and sherry wines (referred to as ‘‘liquor’’). A pharmacist may only sell or dispense the liquor on the premises of his drug store or pharmacy, and then only upon the signed written prescription of a licensed physician, dentist or veterinarian. Every prescription shall also be dated and contain the name and address of the person for whom the liquor is prescribed. A prescription for liquor may not be written, prepared or executed in or on the premises of a drug store or pharmacy. A prescription for liquor shall be filled only once and shall not entitle the person named to more than 1 quart of the liquor specified.
Source The provisions of this § 11.52 adopted June 26, 1952; amended through November 4, 1963.
Cross References This section cited in 40 Pa. Code § 11.51 (relating to applications and permits).
§ 11.53. Retention of prescriptions.
Prescriptions upon which liquor has been sold or dispensed by a pharmacist, or in a hospital or State-owned institution, shall be retained for at least 2 years on the premises of the drug store, pharmacy, hospital or State-owned institution, and shall be available for inspection by an authorized representative of the Board.
Source The provisions of this § 11.53 adopted June 26, 1952; amended through November 4, 1963.
§ 11.54. Inspection of premises.
Premises where liquor is sold or dispensed under this subchapter shall be subject to inspection by authorized representatives of the Board at any time during normal business hours.
Source The provisions of this § 11.54 adopted June 26, 1952; amended through November 4, 1963.
§ 11.55. Records.
(a) Permittees under this subchapter shall maintain and keep upon the premises records which shall show all of the following:
(1) The quantity of liquor, location of the State Liquor Store where, and date, purchased.
(2) The name and address of the person to whom sold or dispensed, and the quantity and date of the sale.
(3) The quantity of liquor used in compounding the prescriptions or medicines.
(b) The records shall be available for inspection by authorized representatives of the Board at any time during normal business hours.
Source The provisions of this § 11.55 adopted June 26, 1952; amended through November 4, 1963.
Cross References This section cited in 40 Pa. Code § 11.57 (relating to penalties).
§ 11.56. Consumption in pharmacy prohibited.
Liquor purchased under this subchapter may not be consumed on the premises of a pharmacy or drug store.
Source The provisions of this § 11.56 adopted June 26, 1952; amended through November 4, 1963.
§ 11.57. Penalties.
Failure to maintain the records specified in § 11.55 (relating to records), or the sale, furnishing or dispensing of liquor by a permittee contrary to this subchapter and the Liquor Code, is sufficient cause for the suspension or revocation of the Wholesale Liquor Purchase Permit and will be construed as a violation of the Liquor Code.
Source The provisions of this § 11.57 adopted June 26, 1952; amended through November 4, 1963.
CHEMISTS AND MANUFACTURING PHARMACISTS
§ 11.61. Requirement for liquor.
(a) Chemists and manufacturing pharmacists may obtain liquors customarily used in the operation of their business through State Liquor Stores or through the Bureau of Purchases of the Board.
(b) Chemists desiring to obtain liquor solely for experimental purposes from manufacturers or vendors within or outside this Commonwealth shall apply to the Board for permission, which may be granted at the discretion of the Board.
Source The provisions of this § 11.61 adopted October 10, 1952.
Cross References This section cited in 40 Pa. Code § 11.71 (relating to requirement for liquor).
§ 11.62. Applications for permits.
(a) A chemist and manufacturing pharmacist who desires to purchase liquor under this subchapter shall apply to the Board for a permit.
(b) Application for the permit shall be made by and in the name of the owner, if a natural person; by an authorized partner, if a partnership; or by a principal officer, if a corporation. An application shall be accompanied by a permit fee of $10 for each calendar year or part thereof and shall include the following:
(1) The name under which the business of the applicant is operated.
(2) The address, including street and number, of the principal place of business of the applicant in this Commonwealth.
(3) The name and description of each product or process in which liquor is to be used.
(4) The name, type and quantity of liquor customarily and actually used in each product or process.
(5) Other information the Board may require.
(c) Every application shall be verified by the oath or affirmation of the applicant that the liquors described will be used solely for the listed purposes.
(d) Upon receipt of the application in proper form, the Board may issue to the person a Wholesale Liquor Purchase Permit Card authorizing the purchase of the required types of liquor.
(e) The card will be subject to the provisions of Subchapter A (relating to general provisions).
(f) Permittees may purchase the liquor designated in their permits in either manner prescribed in this subchapter.
(g) Permits issued in calendar year 1997 expire December 31, 1997. Permits issued in calendar years 1998, 1999 and 2000 expire December 31, 2000. Thereafter 4-year terms shall be established whereby all permits issued within a term expire December 31, of the fourth year. Permits may be renewed by filing an application with a nonrefundable fee of $10 for each calendar year or part thereof.
Source The provisions of this § 11.62 adopted October 10, 1952; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial pages (205178) to (205179).
Cross References This section cited in 40 Pa. Code § 11.71 (relating to requirement for liquor); and 40 Pa. Code § 11.72 (relating to applications for permits).
§ 11.63. Wholesale purchases at State Liquor Stores.
Upon presentation of a permit, permittees may purchase liquor at wholesale from stock merchandise or through special order at a State Liquor Store. Sales at wholesale may be made only in containers not exceeding 1 gallon each and will be at the rates the Board may establish.
Source The provisions of this § 11.63 adopted October 10, 1952.
Cross References This section cited in 40 Pa. Code § 11.71 (relating to requirement for liquor).
§ 11.64. Bulk purchases.
(a) Bulk purchases are allowed under this subchapter only in quantities of 50 gallons or more per order, consisting of at least 12 gallons per type in containers of 1 gallon or large capacity. If operating conditions do not permit supplying the sizes, the Board may, upon receipt of a written application setting forth satisfactory reasons, permit the use of smaller sizes. The Board will not approve applications for sizes smaller than 1 gallon if the same brands are listed for sale in State Liquor Stores. Permittees shall place their orders with the Bureau of Purchases of the Board. Every order shall include the following:
(1) The name and address of the purchaser.
(2) The name and address of the person or firm to whom the order is directed.
(3) The brand name or description of the liquor desired.
(4) The manner in which the liquor is to be packed, including the size and number of containers.
(5) The manner in which the liquor is to be shipped, including the name of the carrier. If the carrier is a trucking company, the carrier shall hold a valid Transporter-for-Hire License issued by the Board.
(6) The destination to which the shipment is to be made.
(b) An order shall be accompanied by a remittance in the amount of $5.
(c) Upon approval by the Board of an order from a permittee, the order will be forwarded to the specified vendor who will be notified to make shipment to the Board at the destination given in the order.
(d) The Board will also furnish the purchaser with a notice of release in duplicate, both copies of which shall be signed by the purchaser and surrendered to the carrier upon delivery of the liquor. The carrier shall then sign the original in the space provided and forward it to the Board, retaining the other copy for his file.
(e) The Board will not be liable to a vendor for the purchase price of liquor purchased, nor for transportation charges, or claims, in connection therewith.
(f) The Board reserves the right to inspect purchases made under this subchapter, as well as records covering transactions thereunder.
Source The provisions of this § 11.64 adopted October 10, 1952; amended July 8, 1977, effective July 9, 1977, 7 Pa.B. 1890; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145. Immediately preceding text appears at serial pages (149785) to (149786).
Cross References This section cited in 40 Pa. Code § 11.71 (relating to requirement for liquor); and 40 Pa. Code § 11.73 (relating to bulk purchases).
§ 11.65. Refusal of Board to purchase liquor and revocation of permit.
The Board may in any case refuse to purchase or import liquor for a permittee, and may revoke a permit issued if after notice and hearing it appears to the Board that the permittee has used liquor so purchased for a purpose other than that set forth in his application, or has violated a law of the Commonwealth or provision of this title, relating to liquor, malt or brewed beverages or alcohol. The action of the Board in refusing to purchase liquor or revoking a permit will be final.
Source The provisions of this § 11.65 adopted October 10, 1952.
Cross References This section cited in 40 Pa. Code § 11.71 (relating to requirement for liquor).
NONBEVERAGE MANUFACTURERS
§ 11.71. Requirement for liquor.
(a) Persons who manufacture a product wherein liquor is used and changed into other chemical substances and does not appear in the finished product as liquor, may obtain necessary liquor for the use in the following manner:
(1) At State Liquor Stores from stock merchandise or on special order both requiring no permit.
(2) Under authority of a bulk purchase permit in quantities of 50 gallons or more in containers of 1 gallon or larger capacity, except where operating conditions do not permit supplying the sizes.
(b) This subchapter does not apply to chemists and manufacturing pharmacists who are subject to § § 11.61—11.65 (relating to chemists and manufacturing pharmacists).
Source The provisions of this § 11.71 adopted October 10, 1952.
Cross References This section cited in 40 Pa. Code § 11.74 (relating to use of liquor).
§ 11.72. Applications for permits.
(a) Application for a bulk purchase permit shall be made by and in the name of the owner, if a natural person; by an authorized partner, if a partnership; or by a principal officer, if a corporation. An application shall be accompanied by a nonrefundable permit fee of $20 for each calendar year or part thereof and shall contain the information specified in § 11.62(b) (relating to applications for permits).
(b) An application shall be verified by the oath or affirmation of the applicant that the information submitted is correct and that the liquor described will be used solely for the listed purposes.
(c) Upon receipt of the application in proper form, the Board may issue a bulk purchase permit authorizing the purchase of the required types of liquor. Permits issued in calendar year 1997 expire December 31, 1997. Permits issued in calendar years 1998, 1999 and 2000 expire December 31, 2000. Thereafter, 4-year terms shall be established whereby all permits issued within a term expire December 31, of the fourth year.
Source The provisions of this § 11.72 adopted October 10, 1952; amended June 18, 1982, effective July 1, 1982, 12 Pa.B. 1860; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial page (205182).
Cross References This section cited in 40 Pa. Code § 11.74 (relating to use of liquor).
§ 11.73. Bulk purchases.
Bulk purchases of liquor by nonbeverage manufacturers shall conform to the same requirements governing the purchases by chemists and manufacturing pharmacists, as set forth in § 11.64 (relating to bulk purchases).
Source The provisions of this § 11.73 adopted October 10, 1952.
Cross References This section cited in 40 Pa. Code § 11.74 (relating to use of liquor).
§ 11.74. Use of liquor.
Liquor purchased under § § 11.71—11.73 (relating to requirement for liquor; applications for permits; and bulk purchases) shall be used only in the specified manufacturing process or in the manufacture of specified products and may not be used for another purpose.
Source The provisions of this § 11.74 adopted October 10, 1952.
§ 11.75. Records.
A holder of a permit shall maintain and keep records showing purchases of liquor made under authority of their permit, and withdrawals, for a period of 2 years. The withdrawal record shall indicate the quantity withdrawn and actually used in the particular product or process. The Board reserves the right to inspect the premises of the permittee and to examine the records. The inspection may be at any time when the establishment is open for business.
Source The provisions of this § 11.75 adopted October 10, 1952.
§ 11.76. Refusal of Board to purchase liquor and revocation of permit.
The Board may refuse to approve the purchase of liquor by a permittee, and may revoke any permit issued where it appears that the permittee has used liquor purchased for a purpose other than that set forth in his application, or has violated a law of the Commonwealth or provision of this part. The action of the Board in refusing approval to purchase liquor or revoking a permit will be final.
Source The provisions of this § 11.76 adopted October 10, 1952.
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