Subchapter B. EXTENSION OF LICENSES
Sec.
7.21. Inclusion of additional premises.
7.22. Application.
7.23. Approval.
7.24. Refusal.
7.25. Temporary extension of licensed premises.
Cross References This subchapter cited in 40 Pa. Code § 3.13 (relating to retail liquor and retail malt and brewed beverage licenses, importing distributor and distributor licenses).
§ 7.21. Inclusion of additional premises.
(a) A licensee may not conduct a business permitted by his license on another premise or a portion of the same premise other than that for which the license was issued without the approval of the Board for the inclusion of the additional premises in the license.
(b) The Board may approve an extension of the licensed premises to include the following:
(1) The abutting and adjacent sidewalk.
(2) The immediate, abutting, adjacent and contiguous vacant land.
(c) A licensee requesting extension to include subsection (b)(1) or (2) shall obtain and file with his application for extension of premises written approval issued by the proper authorities of the municipality in which the license is issued, approving the operation of the licensed business on the sidewalk area.
(d) With reference to the extension of premises provided for in subsection (b)(1), a licensee to whom the approval is given by the Board, his servants, agents or employes, may not:
(1) Serve nor permit the service to a patron not seated at a table.
(2) Provide less than two tables for the service.
(3) Have a bar, service bar or a facility from or by which alcoholic beverages or food may be stored, served, sold or dispensed, or in or on which glasses, similar containers, cutlery or mixes of any type or kind may be stored or used in the sale, service or dispensing of alcoholic beverages or food.
(e) Extension applications filed under subsection (b) shall be accompanied by appropriate plans or surveys setting forth the metes and bounds, the names of abutting streets and a plotting of the principal licensed premises.
Notes of Decisions Board decision that restaurant license did not permit sales through a drive-in window because such sales would constitute sale and delivery off the licensed premises was consistent with the regulation and underlying statutory scheme. Liquor Control Board v. Burrel Food, 508 A.2d 1308 (Pa. Cmwlth. 1986); appeal denied 520 A.2d 1386 (Pa. 1987).
The provisions of 47 P. S. § 4-404 are broad enough to include extensions of existing licenses, so that the Board’s actions in denying an extension pursuant to the provisions of section 4-404 rather than pursuant to this section governing extensions must be upheld in the absence of an abuse of the Board’s discretion. Ulana, Ltd. v. Liquor Control Board, 484 A.2d 859 (Pa. Cmwlth. 1984).
A hotel liquor license may be extended to include a second building approximately 900 feet away, across a covered bridge, when the second building would be used only for the entertainment of hotel guests, even though it would not contain any sleeping accommodations. Liquor Control Board v. Swiftwater Inn, Inc., 405 A.2d 583 (Pa. Cmwlth. 1979).
40 Pa. Code § 7.21 is an amendment adopted only for the special purposes of Bicentennial activity and promotion and application by a country club for a license outside Philadelphia after the end of the Bicentennial promotion is properly refused. Windber Country Club, In re, 2 Pa. D. & C.3d 444 (1977).
A license transfer would require the surrender of the license with regard to the original location as a prerequisite to utilizing the same license at a new location, but an extension would merely require a redefinition of the licensed premises. Latrobe Country Club v. Liquor Control Board, 375 A.2d 1360 (Pa. Cmwlth. 1977) (dissenting opinion).
Where a public road separated the licensed premises from the premises for which the license extension was sought, the Board did not abuse its discretion by denying the extension. Fabian v. Liquor Control Board, 66 Pa. D. & C.2d 526 (Pa. Com. Pl. 1974).
Source The provisions of this § 7.21 adopted June 26, 1952; amended through October 30, 1968; amended April 2, 1976, effective April 3, 1976, 6 Pa.B. 832; amended September 24, 1982, effective September 25, 1982, 12 Pa.B. 3404. Immediately preceding text appears at serial pages (72704) to (72705).
§ 7.22. Application.
(a) To obtain Board approval, an application for extension of license describing the additional premises shall be filed with the Board.
(b) A fee of $220 shall accompany an application for extension of license, and a physical inspection of the premises will be made whenever deemed necessary by the Board.
(c) An applicant for extension of premises shall post, for a period of at least 30 days beginning with the day the application is filed with the Board, in a conspicuous place on the outside of the licensed premises, a notice of application in a form, and size and containing provisions the Board requires concerning the requested extension. Proof of the posting of the notice shall be filed with the Board.
Source The provisions of this § 7.22 adopted June 26, 1952; amended through October 30, 1968; amended June 18, 1982, effective July 1, 1982, 12 Pa.B. 1860; amended September 24, 1982, effective September 25, 1982, 12 Pa.B. 3404; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; amended January 19, 2001, effective January 20, 2001, 31 Pa.B. 430; amended May 20, 2016, effective May 21, 2016, 46 Pa.B. 2553. Immediately preceding text appears at serial pages (337277) to (337278).
§ 7.23. Approval.
The additional premises for which it is desired to extend a license shall be completely equipped for the carrying on of the type of business permitted under the license, but no sales of liquor or malt or brewed beverages, storage or similar activity may take place in the additional premises until approval has been given by the Board. Where the extension of premises involves physical alterations or new construction, the Board may grant prior approval for the extension, as similarly provided in section 403(a) of the Liquor Code (47 P. S. § 4-403(a)). The application for extension of license shall be accompanied by a written request for consideration, together with floor plans as set forth in § 7.8 (relating to floor plans) clearly showing the premises as it will be after the alterations or construction are completed. If the additional premises the applicant intends to license has not been constructed at the time the application is filed with the Board, a site plan shall be submitted as set forth in § 7.9 (relating to site plans). Approval may be in the form of a new license, giving the additional address or a letter authorizing the use of additional premises. In the case of distributors and importing distributors of malt or brewed beverages, no sales of malt or brewed beverages may be made in a warehouse except that in which the office or principal place of business of the licensee is maintained.
Source The provisions of this § 7.23 adopted June 26, 1952; amended through October 30, 1968; amended September 24, 1982, effective September 25, 1982, 12 Pa.B. 3404; amended January 19, 2001, effective January 20, 2001, 31 Pa.B. 430. Immediately preceding text appears at serial page (234090).
Notes of Decisions A hotel liquor license may be extended to include a second building approximately 900 feet away, across a covered bridge, since the second building would be used only for the entertainment of hotel guests, even though it would not contain any sleeping accommodations. Liquor Control Board v. Swiftwater Inn, Inc., 405 A.2d 583 (Pa. Cmwlth. 1979)
Where a public road separated the licensed premises from the premises for which the license extension was sought, the Board did not abuse its discretion by denying the extension. Fabian v. Liquor Control Board, 66 Pa. D. & C.2d 526 (1974).
§ 7.24. Refusal.
The Board may, in its discretion, refuse to extend a license issued. In all these cases the filing fee will be retained by the Board.
Source The provisions of this § 7.24 adopted June 26, 1952; amended through October 30, 1968.
Notes of Decisions Abuse of Discretion
Where the licensee met all of the requirements for license extension, it is an abuse of discretion for the Board to deny the extension in the absence of any legitimate reasons. MAG Enterprises, Inc. v. Liquor Control Board, 806 A.2d 521 (Pa. Cmwlth. 2002).
Where a public road separated the licensed premises from the premises for which the license extension was sought, the Board did not abuse its discretion by denying the extension. Fabian v. Liquor Control Board, 66 Pa. D. & C.2d 526 (1974).
§ 7.25. Temporary extension of licensed premises.
(a) The Board has discretion to approve a temporary extension of a licensed premises upon filing of an application accompanied by appropriate plans or surveys setting forth the metes and bounds, the names of abutting streets and a plotting of the proximity of the principal licensed premises.
(b) The application must describe the entire scope of business to be conducted at the temporarily extended licensed premises and include the specific dates and hours business will be conducted.
(c) A nonrefundable fee of $220 must accompany an application for temporary extension of licensed premises.
(d) The additional premises for which it is desired to temporarily extend a license shall be completely equipped for the carrying on of the type of business permitted under the license, but sales or storage of liquor or malt or brewed beverages may not take place in the temporarily extended premises until approval has been given by the Board.
(e) Approval may be in the form of a new license, giving the additional address/location or a letter authorizing the use of the additional temporary premises extension. Board approval or letter of authorization shall be maintained on the temporarily extended licensed premises.
Source The provisions of this § 7.25 adopted November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139.
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