Pennsylvania Winery and Hospitality Lawyer » Pennsylvania Liquor Code

Will Pennsylvania Wine Consumers Swipe and Blow?

Judy Young — Wed, 14 Jul 2010 21:59:11 +0000

The Pennsylvania Liquor Control Board has recently introduced it’s new vending machines aka “wine kiosks” to the Commonwealth. Customers must swipe their ID, blow into a breathalyzer, and look into a security camera to buy their wine. A State employee then verifies that you are who you say you are and that you are also sober. If you pass the swipe and blow test you are approved to buy wine.

Based on the success of a recent trial run of two test kiosks, the PLCB has just announced it will be adding over 100 kiosks in grocery stores all over the Commonwealth.

A big question still outstanding is whether Pennsylvania produced wines will make it into the wine kiosks for consumer purchase. After all, if its good for Pennsylvanians to “eat local”, then why not “drink local”?

What say you?

Pennsylvania Wineries: Are You Getting Wine Lovers To Your Wine Or Your Wine To Your Wine Lovers?

Judy Young — Fri, 18 Sep 2009 22:46:50 +0000

When marketing your winery’s wine this harvest season, you may be creatively thinking of ways to
get wine lovers to your wine, or your wine to your wine lovers. If your marketing efforts include the latter, you may wish to plan to host or participate in an event outside your winery’s usual business. That said, what are the requirements for a winery to participate in such an event?

In Pennsylvania, participating wineries in such events, should be properly licensed limited wineries in the Commonwealth of Pennsylvania. Limited wineries are licensed by the Pennsylvania Liquor Control Board that may produce alcoholic ciders, wines and wine coolers (subject to certain exceptions). Because the sale of alcohol without a license is illegal in Pennsylvania, limited winery event participants would need to obtain a Wine Exposition Permit. A limited winery licensee may apply for and obtain a Wine Exposition Permit from the Pennsylvania Liquor Control Board (PLCB) in order to participate in wine and food expositions off the licensed premises.

The permit may be issued to a licensed limited winery for expositions, not to exceed five consecutive days. The total number of days may not exceed 40 days in a calendar year. The permit allows the holder to sell its alcoholic ciders and wine by the glass, bottle or case. Tasting samples of one fluid once or less may be provided for free or for sale.

The exposition may be held indoors or outdoors with the primary purpose of educating the attendees of the availability, nature and quality of the Pennsylvania product wines and alcoholic ciders in conjunction with suitable food displays, demonstrations and sales. The exposition may include arts and crafts, musical activities, cultural and agricultural exhibits and similar activities. The permit fee is thirty dollars ($30.00) per day.

The next time you’re looking for ways to get your wine to your wine lovers, start with a Wine Exposition Permit and get your wine on!!

So Who’s In Control of Pennsylvania’s Alcohol Beverage Industry?

Judy Young — Tue, 15 Sep 2009 19:58:10 +0000

Have you ever been curious as to why all the liquor stores in Pennsylvania are stated owned and operated? Have you ever wondered why Pennsylvania is routinely referred to as a “control state?” You may be surprised to learn that Pennsylvania’s alcohol and beverage industry is run by the Pennsylvania Liquor Control Board (PLCB).

The PLCB is an administrative board consisting of three members each appointed by the Governor of Pennsylvania with advice and consent of two-thirds of the Senate. The three PLCB members are Chairman Patrick J. Stapleton III, Thomas F. Goldsmith, and Robert S. Marcus.

The PLCB’s acts as both participant and regulator in Pennsylvania’s alcohol and beverage industry. In the beer industry, PLCB acts as regulator only. As a “control” state, Pennsylvania restricts private retail ownership of distribution outlets in the state. The PLCB acts as wholesaler, purchasing liquor from manufacturers. The PLCB then sells liquor to its liquor licensees who in turn sell to the public for on-premise consumption. As retailer, PLCB sells to the consumer via its state store system for off premise consumption. These stores are known as “Wine and Spirit” stores. The PLCB is one of the largest purchasers of wine and spirits in the United States. Sales at state operated Wine and Spirit stores reached a record 1.84 Billion in fiscal year 2008-2009.

Enforcement of Pennsylvania’s liquor laws is handled by the Pennsylvania State Police Bureau of Liquor Control Enforcement (BLCE). Today the PLCB operates over 600 stores. The PLCB issues and renews approximately 21,000 licenses annually.

Licensing by the PLCB is based on a quota system. The PLCB limits the number of liquor licenses based on population. The license application process is governed by the Liquor Code and Board Regulations.

So who’s in control of the Commonwealth’s liquor industry? The Pennsylvania Liquor Control Board that’s who!!

It’s In the Bag! Bringing Your Own Bottle In A Tough Economy!!

Judy Young — Mon, 10 Aug 2009 16:43:49 +0000

One of my favorite Bring Your Own Bottle (BYOB) restaurants is very nearby to my home. If you didn’t know whether liquor was served, one could soon figure that out by watching the brown bags and rattan wine cases under the arms of its many loyal patrons exiting the restaurant.

Today’s tough economy has caused foot traffic to increase in BYOB establishments. Restaurants with BYOB policies are now attracting avid foodies reluctant to pay $12.00 for a glass a wine when they can enjoy the entire bottle—BYOB. BYOB’s are great because you can bring your own wine without breaking the bank while at the same time sharing your favorite brand that was previously tucked away in your cellar.

In Pennsylvania the Liquor Code currently does not prohibit a person from bringing his or her own alcohol into any establishment. A restaurant is typically free to allow or disallow patrons from bringing their own alcohol on to its premises. The alcohol however, must be legally procured in the Commonwealth of Pennsylvania. If the restaurant chooses to prohibit the BYOB practice by a “house policy”, it must apply the policy uniformly without discrimination prohibited by law.

The Code however makes it unlawful for any person to possess any wine or liquor within Pennsylvania that has not been purchased through a Pennsylvania wine and spirits store, a licensed limited winery, or from an entity licensed to sell malt or brewed beverages for off-premises consumption. But foodies and wine lovers beware –what happens if you only partially consume the bottle you brought to dinner and now want to take it with you when you leave?

Well, in Pennsylvania if you leave the restaurant’s premises with an unfinished bottle of wine or liquor, you might be required to prove that you lawfully acquired the liquor or wine pursuant to Pennsylvania law. Thus, it is often suggested that folks bringing their own wine or liquor into a restaurant should have in their possession a receipt reflecting the purchase of their wine or liquor. Do keep in mind, that local ordinances may restrict BYOB establishments so you should consider checking in advance with the restaurant to see if any such ordinances or limitations exist.

Restaurateurs may still be held strictly liable of any violations of the Liquor Code that may occur on it premises regardless of whether they involve alcohol provided by the establishment or brought onto the premises by a customer. Potential civil liability can arise from permitting individuals to bring their own alcohol onto premises. As such you should contact an attorney on matters involving liquor law liability.

Bringing your own bottle is a great response to a tough economy. But remember, for both patrons and restaurant owners, potential liability resides “in the bag”.