Subchapter D. MAINTENANCE OF THE LICENSED PREMISES
Sec.
5.41. Compliance with sanitation requirements.
5.42. Lighting.
5.43. Proof of recycling.
CLEANING OF MALT OR BREWED BEVERAGE SYSTEMS
5.50. Definition.
5.51. Cleaning of malt or brewed beverage dispensing systems.
5.52. Certificate or record required.
5.53. Pressure maintenance.
5.54. Responsibility for condition of equipment.§ 5.41. Compliance with sanitation requirements.
(a) A restaurant, hotel or club catering liquor license or retail dispenser eating place or hotel malt beverage license authorized under the Liquor Code will not be issued, renewed or transferred by the Liquor Control Board for any premises unless the application for the license, renewal or transfer avers that the proper municipal or State authorities have found that the premises to be licensed, or for which an application is filed for a new license or the renewal or transfer of a license, meet all the sanitary requirements for a public eating place in the municipality where the place to be licensed is operated, as provided by statute, ordinance or regulation and that documentary evidence thereof is, and shall at all times be, displayed on the licensed premises.
(b) Subsection (a) applies to all applications for prior approval under section 403 of the Liquor Code (47 P. S. § 4-403) by filing an affidavit stating the averment after completion of construction or alteration of the premises.
Source The provisions of this § 5.41 adopted June 26, 1952; amended through July 28, 1972, effective July 29, 1972, 2 Pa.B. 1441; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1428. Immediately preceding text appears at serial pages (11808) to (11809).
§ 5.42. Lighting.
Hotel, restaurant and club liquor licensees, and retail malt beverage dispensers, shall at all times during the hours when the sale of liquor or malt or brewed beverages is permitted, maintain throughout the licensed premises illumination sufficient to insure clear visibility of the premises and to permit patrons to read a menu or newsprint with ease. Tables and booths available for the accommodation of the public shall be so situated as to permit clear visibility of occurrences at the tables or in the booths.
Source The provisions of this § 5.42 adopted June 26, 1952; amended through July 28, 1972, effective July 29, 1972, 2 Pa.B. 1441.
§ 5.43. Proof of recycling.
(a) Under section 491(5) of the Liquor Code (47 P.S. § 4-491(5)), restaurant, hotel and club liquor licensees are required to break any package in which liquors were contained (‘‘liquor packages’’), except those decanter packages that the Board determines to be decorative, within 24 hours after the contents of the package have been removed, unless the licensee participates in either a municipal recycling program or a voluntary recycling program.
(b) If a licensee participates in a recycling program, the licensee must deface, prior to recycling, the labels of all packages that are not broken. The labels must be defaced with a permanent marker or some other, similar, permanent defacement that will discourage the theft of the bottles for unlawful re-use.
(c) The licensee shall provide proof in writing of participation in such a program upon demand of the Bureau of Liquor Control Enforcement of the Pennsylvania State Police. This subsection establishes what constitutes ‘‘proof in writing.’’
(1) The licensee must be able to provide written proof that the municipal or voluntary recycling program accepts the kind of liquor packages (such as glass) that the licensee recycles. This written proof may be a pamphlet or printed pages from the recycling program’s web site or something similar.
(2) If the licensee pays for a municipal or private entity to pick up its recycling, the licensee must retain a copy of the receipts, bills or invoices paid by the licensee to the municipal or private entity as ‘‘proof in writing.’’
(3) If the licensee voluntarily participates in a recycling program by taking recyclable liquor packages to a drop off location, the licensee must maintain, for each calendar year, a statement containing the following information:
(i) Name and address of the licensee.
(ii) Type of liquor packages recycled.
(iii) Details on each delivery of recycled liquor packages, including the date of delivery, time of delivery, who delivered the recycled liquor packages, what was delivered and the approximate weight or quantity of recycled liquor packages.
(iv) A verification by the licensee’s representative that the information provided is true and complete to the best of the representative’s knowledge and belief and that the licensee’s representative understands that the statements made are subject to the penalties set forth in 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). This statement should be followed by the signature of the licensee’s representative and the date the signature was made.
(4) In addition to the statement required by subsection (c)(3), a licensee who takes recyclable liquor packages to a drop off location must also keep a copy of at least two of the following records from the municipality with oversight of the drop off location:
(i) The name, location and hours of operation of the recycling facility where the licensee disposes recyclable liquor packages.
(ii) A copy of the recycling registration or documentation required by a municipality.
(iii) A municipal waste newsletter or circular.
(iv) An e-mail, letter or memorandum from its municipality that explains what may be recycled and where recyclable liquor packages may be dropped off.
(v) Municipal recycling maps of drop-off locations for recyclable material.
(vi) A municipal recycling collection schedule or calendar.
(vii) Other printed or online materials provided by a municipality regarding municipal waste management.
(d) These records shall be maintained as part of the licensee’s operating records required to be kept for 2 years in accordance with section 493(12) of the Liquor Code (47 P.S. § 4-493(12)).
Authority The provisions of this § 5.43 added under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 5.43 adopted May 21, 2021, effective May 22, 2021, 51 Pa.B. 2927.
CLEANING OF MALT OR BREWED BEVERAGE SYSTEMS
§ 5.50. Definition.
The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise:
Malt or brewed beverage dispensing system—A keg or other container of malt or brewed beverages together with all components used to serve those beverages on draft.
Authority The provisions of this § 5.50 adopted under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 5.50 adopted March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149.
Cross References This section cited in 40 Pa. Code § 5.404 (relating to sales for on-premises consumption).
§ 5.51. Cleaning of malt or brewed beverage dispensing systems.
(a) Any licensee, including but not limited to a retail licensee, a brewery, a limited winery, a limited distillery or a distillery, that uses a malt or brewed beverage dispensing system in its licensed premises shall clean the system at its sole expense. One licensee may not clean a malt or brewed beverage dispensing system for another licensee.
(b) The method of cleaning must leave the entire malt or brewed beverage dispensing system in a clean and sanitary condition. The cleaning method used must include cleaning the entire system with a chemical cleaning solution or other cleaning method approved by the Board. The following alternative cleaning methods have Board approval:
(1) Live steam.
(2) Hot water and soda solution, followed by thorough rinsing with hot water.
(c) The frequency of cleaning for the malt or brewed beverage dispensing system shall be as follows:
(1) Once every 14 days for the faucets.
(2) Once every 14 days for the dispensing lines, valves, joints, couplers, hose fittings, washers, o-rings, empty beer detectors (known as ‘‘FOBS’’) and draft foam control units, except if the licensee has an operating ultrasonic, electromagnetic or other system that retards the growth of yeast and bacteria in the dispensing lines. If such a system is installed and operating, the licensee shall follow the cleaning frequency and cleaning method guidelines of the system’s manufacturer.
(3) The Board may approve different cleaning frequencies.
Authority The provisions of this § 5.51 amended under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 5.51 adopted June 26, 1952; amended through July 28, 1972, effective July 29, 1972, 2 Pa.B. 1441; amended March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149; amended July 30, 2021, effective July 31, 2021, 51 Pa.B. 4228. Immediately preceding text appears at serial pages (348107) to (348108).
Cross References This section cited in 40 Pa. Code § 5.52 (relating to certificate or record required); and 40 Pa. Code § 5.404 (relating to sales for on-premises consumption).
§ 5.52. Certificate or record required.
(a) The malt or brewed beverage dispensing system may be cleaned for the licensee by a person, other than another licensee, thoroughly equipped to do so by a method enumerated in § 5.51 (relating to cleaning of malt or brewed beverage dispensing systems). The licensee shall obtain from the cleaner a certificate showing the date cleaned, the name of the person by whom cleaned and the method utilized. The certificate shall be kept on file at the licensed premises at all times for inspection by the Board.
(b) The malt or brewed beverage dispensing system may be cleaned by the licensee. The licensee shall maintain and keep a record of the date of each cleaning and the method utilized. This record shall also be kept on file at all times for inspection by the Board.
Authority The provisions of this § 5.52 amended under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 5.52 adopted June 26, 1952; amended through July 28, 1972, effective July 29, 1972, 2 Pa.B. 1441; amended March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149. Immediately preceding text appears at serial page (307801).
Cross References This section cited in 40 Pa. Code § 5.404 (relating to sales for on-premises consumption).
§ 5.53. Pressure maintenance.
If a compressed gas or other pressurizing system is used in the malt or brewed beverage dispensing system, it shall be designed to preserve the normal flavor of the malt or brewed beverage and not introduce contaminants such as dust, water or oil, into the system.
Authority The provisions of this § 5.53 amended under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 5.53 adopted June 26, 1952; amended through July 28, 1972, effective July 29, 1972, 2 Pa.B. 1441; amended March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149. Immediately preceding text appears at serial pages (307801) to (307802).
Cross References This section cited in 40 Pa. Code § 5.404 (relating to sales for on-premises consumption).
§ 5.54. Responsibility for condition of equipment.
The licensee has the sole responsibility of maintaining equipment used in dispensing malt or brewed beverages on draft in a clean and sanitary condition. The mere fact that records of licensees indicate that the malt or brewed beverage dispensing system has been cleaned is no defense to enforcement action under the law and the provisions of this subchapter if the malt or brewed beverage dispensing system is at any time found to be in an unsanitary condition.
Authority The provisions of this § 5.54 amended under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).
Source The provisions of this § 5.54 adopted June 26, 1952; amended through July 28, 1972, effective July 29, 1972, 2 Pa.B. 1441; amended March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149. Immediately preceding text appears at serial page (307802).
Cross References This section cited in 40 Pa. Code § 5.404 (relating to sales for on-premises consumption).
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