Subchapter F. PREMISES
Sec.
3.51. Connection with residence.
3.52. Connection with other business.
3.53. Restriction on storage and sales where Board has approved connection with other business.
3.54. Separation between licensed premises and other business.
3.55. Restriction on retail dispenser eating place license.
3.56. Licensed premises operated in conjunction with other business.
Notes of Decisions A license transfer application was within the eminent domain exception to the liquor license transfer quota, where a tavern owner deeded property to a township in lieu of the township commencing condemnation and where no other suitable buildings existed within the township for establishing a tavern. Liquor Control Board v. Marble Hall Inv. Co., 623 A.2d 965 (Pa. Cmwlth. 1993).
§ 3.51. Connection with residence.
Licensed premises may not have an inside passage or communication to or with a residence other than the residence of the licensee, corporate officer or manager.
Source The provisions of this § 3.51 adopted June 24, 1970, effective June 25, 1970, 1 Pa.B. 78; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial page (205125).
Cross References This section cited in 40 Pa. Code § 5.408 (relating to additional Board-approved locations).
§ 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).
§ 3.53. Restriction on storage and sales where Board has approved connection with other business.
Where the Board has approved the operation of another business which has an inside passage or communication to or with the licensed premises, storage and sales of liquor and malt or brewed beverages shall be confined strictly to the premises covered by the license.
Source The provisions of this § 3.53 adopted June 24, 1970, effective June 25, 1970, 1 Pa.B. 78.
Cross References This section cited in 40 Pa. Code § 5.408 (relating to additional Board-approved locations).
§ 3.54. Separation between licensed premises and other business.
Where the Board has approved the operation of another business which has an inside passage or communication to or with the licensed premises, the extent of the licensed area shall be clearly indicated by a permanent partition at least 4 feet in height.
Source The provisions of this § 3.54 adopted June 24, 1970, effective June 25, 1970, 1 Pa.B. 78.
Cross References This section cited in 40 Pa. Code § 5.408 (relating to additional Board-approved locations).
§ 3.55. Restriction on retail dispenser eating place license.
Where the Board has approved the operation of another business which has an inside passage or communication to or with premises covered by a Retail Dispenser Eating Place License, alcohol or liquor may not be stored, kept, possessed or sold on the premises used for such other business.
Source The provisions of this § 3.55 adopted June 24, 1970, effective June 25, 1970, 1 Pa.B. 78.
§ 3.56. Licensed premises operated in conjunction with other business.
The premises covered by a license shall meet all requirements of the Liquor Code and of this part for the license exclusive of space devoted to other business operated in conjunction therewith.
Source The provisions of this § 3.56 adopted June 24, 1970, effective June 25, 1970, 1 Pa.B. 78.
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