Subchapter O. RETURN OF LIQUOR TO THE BOARD BY LICENSEES OR PERMIT HOLDERS
Sec.
11.231. General provisions.
11.232. Defective products.
11.233. Error in products delivered.
11.234. Products that may no longer be lawfully sold.
11.235. Product subject to recall or withdrawal.
11.236. Change in product.
11.237. Discontinued products.
11.238. Permit holders.
11.239. Special order listings.
Source The provisions of this Subchapter O adopted August 3, 2018, effective August 4, 2018, 48 Pa.B. 4616, unless otherwise noted.
§ 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).
§ 11.232. Defective products.
Products that are unmarketable at the time of delivery or pickup because of product deterioration, leaking containers, damaged labels, or missing or mutilated tamper evident closures may be returned for a refund within 30 days of purchase. Returns may be contingent upon verification of the alleged defect, including photographs of the damaged product or any other evidence required by the Board or the manufacturer of the product. The payment of a handling charge will be waived for returns under this section.
Cross References This section cited in 40 Pa. Code § 11.231 (relating to general provisions); and 40 Pa. Code § 11.239 (relating to special order listings).
§ 11.233. Error in products delivered.
A discrepancy between products ordered and products delivered may be corrected, within 30 days of purchase, by returning the incorrect product for a refund. The licensee will be required to provide documentation of the transaction, as defined in § 11.231(d) (relating to general provisions), and the erroneous product. The payment of a handling charge will be waived for returns under this section.
Cross References This section cited in 40 Pa. Code § 11.231 (relating to general provisions); and 40 Pa. Code § 11.239 (relating to special order listings).
§ 11.234. Products that may no longer be lawfully sold.
Products that may no longer be lawfully sold may be returned for a refund within 30 days of notification that the product may no longer lawfully be sold. This includes, but is not limited to, situations when, due to a change in statute, regulation or administrative procedure over which the licensee has no control, a particular size, brand or product is no longer permitted to be sold. The payment of a handling charge will be waived for returns under this section.
Cross References This section cited in 40 Pa. Code § 11.231 (relating to general provisions); and 40 Pa. Code § 11.239 (relating to special order listings).
§ 11.235. Product subject to recall or withdrawal.
Products that have been recalled or withdrawn by the manufacturer may be returned for a refund within 30 days of notification that the product has been recalled or withdrawn. The payment of a handling charge will be waived for returns under this section.
Cross References This section cited in 40 Pa. Code § 11.231 (relating to general provisions); and 40 Pa. Code § 11.239 (relating to special order listings).
§ 11.236. Change in product.
When a manufacturer changes a product in formula, proof, label or container, a licensee may return its existing inventory for a refund of that product within 30 days of notification that the product has been changed. A change in vintage does not constitute a change in product for purposes of this section. The licensee will be assessed a handling charge in accordance with § 11.231(e) (relating to general provisions) for returns under this section.
Cross References This section cited in 40 Pa. Code § 11.231 (relating to general provisions); and 40 Pa. Code § 11.239 (relating to special order listings).
§ 11.237. Discontinued products.
When a manufacturer or importer discontinues the production or importation of a product, a licensee’s inventory of that product may be returned for a refund within 30 days of notification that the product is being discontinued. The licensee will be assessed a handling charge in accordance with § 11.231(e) (relating to general provisions) for returns under this section.
Cross References This section cited in 40 Pa. Code § 11.231 (relating to general provisions); and 40 Pa. Code § 11.239 (relating to special order listings).
§ 11.238. Permit holders.
(a) The Board may accept the return of product from permit holders who sell alcohol less than 15 days in the course of a year, such as special occasion, wine auction or spirit auction permit holders.
(b) At the time product is picked up or delivered, permit holders will be made aware, through the provision of a pre-authorization form, of all of the following conditions for the return of liquor:
(1) If the product was picked up at a Pennsylvania liquor store, the permit holder shall return the product to that store and no other Board location.
(2) If the product was delivered by the Board to the event location, only 100% full, unopened cases will be accepted by the Board’s delivery truck for return. All other product shall be returned to a Pennsylvania liquor store or licensee service center as directed by the Board.
(3) The product must be saleable liquor in the original containers, unopened and unadulterated, as when originally sold by the State Liquor Stores. ‘‘Saleable’’ means that the products and containers must look as they did when originally purchased.
(4) At the time of the return, the permit holder shall provide the Board with documentation of the transaction, as defined in § 11.231(d) (relating to general provisions).
(5) The product shall be returned within 30 days of the date of purchase.
(6) The product must be kept out of direct sunlight and in a temperature-controlled environment, such as a refrigerator, temperature-controlled delivery truck or any other location where the temperature does not reach below 55° or above 75°.
(7) The return of liquor purchased as a special order listing, as that term is defined in § 13.71 (relating to definitions), is subject to § 11.239 (relating to special order listings).
(c) The permit holder will be required to acknowledge the pre-authorization form, which will be maintained on file with the Board.
(d) Permit holders who return product in accordance with the conditions in this section will receive a refund.
(1) Refunds will be in the amount of the price paid for the product, as evidenced by the documentation of the transaction, as defined in § 11.231(d).
(2) Refunds for a return of less than 12 bottles, regardless of type or brand, will not be assessed a handling charge.
(3) Refunds for a return of 12 bottles or more, regardless of type or brand, will be assessed a handling charge of 12.5% of the total amount refunded or $50, whichever is greater.
(4) Fees for the services of a delivery truck are non-refundable.
§ 11.239. Special order listings.
(a) The Board may accept the return of liquor purchased as a special order listing, as defined in § 13.71 (relating to definitions), for ordinary and usual commercial reasons, as set forth in § § 11.231—11.237.
(b) If a licensee wants to return liquor purchased as a special order listing, the licensee shall return it to a State Liquor Store within 30 days from the date of receipt of the product by the licensee or its agent.
(c) The supplier of the special order listing product may not pick up the product from the licensee.
(d) Returns of special order listing product will be handled by the Board’s Special Order Division. The supplier, not the Board, shall decide whether to authorize any returns or refunds for special order listing product.
(e) The supplier shall advise the Special Order Division which of the following will be done with the returned product:
(1) The product may be picked up at the State Liquor Store by the supplier within 30 days of notifying the Special Order Division.
(2) The product may be shipped back to the supplier by the Board if the supplier provides, within 30 days of notifying the Special Order Division, a return shipment label which must include payment for shipping.
(3) The product may be destroyed by the Board for a fee, to be charged against the supplier.
(f) If the supplier fails to pick up the product or fails to provide a return shipment label to the Board, the Board may destroy the product for a fee, to be charged against the supplier.
Cross References This section cited in 40 Pa. Code § 11.231 (relating to general provisions); and 40 Pa. Code § 11.238 (relating to permit holders).
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