40 Pa. Code § 9.113. Requests for repurchase by licensees who have discontinued business or sold their licensed business; information to be furnished.

§ 9.113. Requests for repurchase by licensees who have discontinued business or sold their licensed business; information to be furnished.

(a)  Discontinuance without transfer of license. A licensee who has discontinued business without transfer of the license who wants to have its remaining liquor inventory repurchased by the Board shall provide the Board with all of the following information:
   (1)  Name and address of licensee.
   (2)  Written statement under oath that the licensee has discontinued the licensed business and the date thereof. If the business has been discontinued due to the death of the licensee, all of the following additional information shall be provided:
     (i)   Name and address of the decedent, and date of death.
     (ii)   Name and address of the executor or administrator who shall file with the statement documentary evidence of the death of the licensee.
   (3)  Description of the liquor, including brand name, size and number of containers of each brand, and date of purchase, as evidenced by documentation of the transaction.
(b)  Sale of licensed business and repurchase of liquor inventory by the Board. A licensee who is selling its licensed business and who wants to have its remaining liquor inventory repurchased by the Board shall provide the Board with all of the following information:
   (1)  Name and address of licensee.
   (2)  Written statement under oath that the licensee has sold its licensed business and the date thereof.
   (3)  Description of the liquor, including brand name, size and number of containers of each brand, and date of purchase, as evidenced by documentation of the transaction.
(c)  Sale of licensed business and transfer of liquor and malt or brewed beverages inventory to the transferee. A licensee who is selling its licensed business may sell the remaining liquor and malt or brewed beverages inventory to the transferee of the license, in which case the licensee shall provide the Board with all of the following information:
   (1)  At the time the application for the transfer of the license is filed, a statement that it is the licensee’s intention to include the liquor and malt or brewed beverages inventory, or a designated quantity thereof, in the sale of the license.
   (2)  When the transfer of the license is approved, a sworn statement containing a description of the liquor and malt or brewed beverages, including brand name, size and number of containers of each brand sold to the transferee.
(d)  Documentation of the transaction. For purposes of this section, ‘‘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.

Source

   The provisions of this §  9.113 adopted June 26, 1952; amended through August 29, 1966; amended July 8, 1977, effective July 9, 1977, 7 Pa.B. 1890; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. 4616. Immediately preceding text appears at serial page (229084).

Cross References

   This section cited in 40 Pa. Code §  9.114 (relating to repurchase of liquor presented to the Board); and 40 Pa. Code §  11.231 (relating to general provisions).

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