40 Pa. Code § 3.52. Connection with other business.

§ 3.52. Connection with other business.

(a)  A licensee may not permit other persons to operate another business on the licensed premises. If the premises are, in whole or in part, licensed by the Pennsylvania Gaming Control Board, a licensee may allow the holder of a slot machine license, issued by the Pennsylvania Gaming Control Board, to operate on its licensed premises.
(b)  Licensed premises may not have an inside passage or communication to or with any business conducted by the licensee or other persons except as approved by the Board.
(c)  A licensee may not conduct another business on the licensed premises without Board approval.

Authority

   The provisions of this §  3.52 amended under section 207(i) of the Liquor Code (47 P.S. §  2-207(i)).

Source

   The provisions of this §  3.52 adopted June 24, 1970, effective June 25, 1970, 1 Pa.B. 78; amended March 20, 1998, effective March 21, 1998, 28 Pa.B. 1418; amended January 20, 2012, effective January 21, 2012, 42 Pa.B. 388. Immediately preceding text appears at serial page (333995).

Notes of Decisions

   Interior Passage
   It was reasonable for Liquor Control Board to conclude that applicant’s bakery and antique shop constituted separate business from restaurant for which license was requested; Board could properly withhold license while interior passage connected businesses, but court would grant license subject to condition that applicants close passages if specified by the Board. Liquor Control Board v. Ripley, 529 A.2d 39 (Pa. Cmwlth. 1987).
   Other Business
   Although entertainers who dance at the licensee’s gentlemen’s club are independent contractors, they are part and parcel of the licensee’s business, and do not constitute ‘‘another business’’ operating on the licensee’s premises. MAG Enterprises, Inc. v. Liquor Control Board, 806 A.2d 521 (Pa. Cmwlth. 2002).

Cross References

   This section cited in 40 Pa. Code §  3.122 (relating to points assessment); and 40 Pa. Code §  5.408 (relating to additional Board-approved locations).

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