Subchapter A. GENERAL PROVISIONS
RETAIL AND WHOLESALE PURCHASEGENERAL Sec.
11.1. Definitions.
11.2. [Reserved].
11.3. Sales of ethyl alcohol at retail.
11.4. Sales at wholesale for United States Armed Forces facilities.
11.5. Issuance of Wholesale Liquor Purchase Permit Cards.
11.6. Signature on cards.
11.7. Authorized agents of cardholder.
11.8. Replacement of card.
11.9. Use of card.
11.10. Deposit of card.
11.11. Procurement of alcoholic beverages by military installations.
11.13. Gift card transactions by minors prohibited.
WHOLESALE ALCOHOL PURCHASE PERMITS
11.21. Classification, fees and requirements.
11.22. Application for permits.
11.23. Issuance of card.
RIGHTS AND DUTIES OF PERMITTEES
11.31. Restrictions on use of alcohol.
11.32. Purchase and importation of alcohol by AB permittees from other distilleries.
11.33. Purchase of alcohol by AN and AE permittees.
11.34. Prohibited purchases and sales.
11.35. Records and reports.
TRANSFER, RENEWAL, REVOCATION OR SUSPENSION
11.41. Transfer of permits prohibited.
11.42. Renewal of permits.
11.43. Revocation or suspension of permits.
Cross References This subchapter cited in 40 Pa. Code § 11.51 (relating to applications and permits); and 40 Pa. Code § 11.62 (relating to applications for permits).
RETAIL AND WHOLESALE PURCHASEGENERAL
§ 11.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ManufacturerA person engaged in the manufacture, rectification or compounding of liquors, other than wines, or an agent or representative of the manufacturer.
Authority The provisions of this § 11.1 amended under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 11.1 adopted June 26, 1952; amended through November 4, 1963; amended January 16, 1998, effective January 17, 1998, 28 Pa.B. 279; amended January 19, 2001, effective January 20, 2001, 31 Pa.B. 430; amended October 8, 2021, effective October 9, 2021, 51 Pa.B. 6397. Immediately preceding text appears at serial page (392946).
§ 11.2. [Reserved].
Source The provisions of this § 11.2 adopted June 26, 1952; amended through November 4, 1963; reserved January 19, 2001, effective January 20, 2001, 31 Pa.B. 430. Immediately preceding text appears at serial pages (239325) and (205165).
§ 11.3. Sales of ethyl alcohol at retail.
State liquor stores may stock ethyl alcohol, 190 proof, for retail sales subject to the following:
(1) An individual or entity desiring to purchase ethyl alcohol shall file an application on forms provided by the Board.
(2) The Board may approve the application of an individual or entity who swears or affirms that the alcohol will be purchased for nonpotable use only.
Authority The provisions of this § 11.3 amended under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 11.3 adopted June 26, 1952; amended through November 4, 1963; amended January 19, 2001, effective January 20, 2001, 31 Pa.B. 430; amended October 8, 2021, effective October 9, 2021, 51 Pa.B. 6397. Immediately preceding text appears at serial page (392947).
§ 11.4. Sales at wholesale for United States Armed Forces facilities.
Under section 305(b) of the Liquor Code (47 P.S. § 3-305(b)), wholesale sales of liquor may be made to a United States Armed Forces facility which is located on a United States Armed Forces installation within this Commonwealth. The sales shall be conducted under the authority and regulations of the United States Armed Forces. The sales shall be made under terms and conditions agreed upon by the Board and United States Armed Forces facility representatives.
(1) The Board may accept checks in payment for sales of liquor to a United States Armed Forces facility under terms and conditions as the Board deems appropriate.
(2) Direct delivery of liquor to a United States Armed Forces facility may be accomplished under terms set forth by the Board.
Authority The provisions of this § 11.4 issued under sections 207(i) and 305(b) of the Liquor Code (47 P.S. § § 2-207(i) and 3-305(b)); and amended under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 11.4 adopted June 26, 1952; amended through November 4, 1963; amended July 25, 1986, effective July 26, 1986, 16 Pa.B. 2718; amended August 22, 1986, effective August 23, 1986, 16 Pa.B. 3114; amended October 8, 2021, effective October 9, 2021, 51 Pa.B. 6397. Immediately preceding text appears at serial pages (392947) to (392948).
Cross References This section cited in 40 Pa. Code § 11.11 (relating to procurement of alcoholic beverages by military installations).
§ 11.5. Issuance of Wholesale Liquor Purchase Permit Cards.
As evidence of the privilege given to a retail liquor licensee and a United States Armed Forces facility to purchase liquor from State Liquor Stores at wholesale, the Board will issue to the licensee and a United States Armed Forces facility a Wholesale Liquor Purchase Permit Card, which allows the purchase of liquors at wholesale.
Authority The provisions of this § 11.5 issued under sections 207(i) and 305 of the Liquor Code (47 P.S. § § 2-207(i) and 3-305); and amended under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 11.5 adopted June 26, 1952; amended through November 4, 1963; amended April 2, 1976, effective April 3, 1976, 6 Pa.B. 832; amended July 25, 1986, effective July 26, 1986, 16 Pa.B. 2718; amended August 22, 1986, effective August 23, 1986, 16 Pa.B. 3117; amended October 8, 2021, effective October 9, 2021, 51 Pa.B. 6397. Immediately preceding text appears at serial pages (392948) to (392949).
Cross References This section cited in 40 Pa. Code § 11.11 (relating to procurement of alcoholic beverages by military installations).
§ 11.6. Signature on cards.
The signature of the permit holder shall appear in ink on the Wholesale Liquor Purchase Permit Card, in the space provided. The signature shall conform to the following:
(1) If the permit holder is a corporation or association, the signature shall be that of the president, vice president, secretary or treasurer, including his title. On a change of officers by a corporation or association, the signature of the permit holder may be changed on the Wholesale Liquor Purchase Permit Card, if the proper notice of change of officers has been filed under § 5.91 (relating to required report).
(2) If the permit holder is a partnership, the signature of one or more partners shall be given.
(3) If the permit holder is a United States Armed Forces facility, the signature of the manager of the military installation retail liquor operations shall be given.
(4) If the permit holder is an individual, the signature of the individual shall be provided.
Authority The provisions of this § 11.6 issued under sections 207(i) and 305(b) of the Liquor Code (47 P. S. § § 2-207(i) and 3-305(b)).
Source The provisions of this § 11.6 adopted June 26, 1952; amended through November 4, 1963; amended July 25, 1986, effective July 26, 1986, 16 Pa.B. 2718; amended August 22, 1986, effective August 23, 1986, 16 Pa.B. 3117. Immediately preceding text appears at serial page (72722).
Cross References The provisions of this § 11.7 adopted June 26, 1952; amended through November 4, 1963; amended June 18, 1982, effective July 1, 1982, 12 Pa.B. 1860; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial pages (205167) to (205168).
Cross References The provisions of this § 11.8 adopted June 26, 1952; amended through November 4, 1963; amended June 18, 1982, effective July 1, 1982, 12 Pa.B. 1860; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145. Immediately preceding text appears at serial pages (149772) to (149773).
§ 11.9. Use of card.
(a) On presentation by the permit holder or his authorized agent at a State Liquor Store, the Wholesale Liquor Purchase Permit Card will allow the purchase of liquors at the wholesale prices established by the Board. The card shall be presented each time a purchase is to be made at wholesale.
(b) The Board may suspend or revoke the license or permit of a permit holder who allows his Wholesale Liquor Purchase Permit Card to be used for the purchase of liquors for use other than in the lawful conduct of his business or establishment. The Board may also require a permit holder to refund to the Board any discount granted in the purchase of liquors, if the liquors are used in violation of laws of the Commonwealth or the provisions of this part.
Source The provisions of this § 11.11 issued under sections 207(i) and 305(b) of the Liquor Code (47 P. S. § § 2-207(i) and 3-305(b)).
Source The provisions of this § 11.11 adopted January 15, 1988, effective January 16, 1988, 18 Pa.B. 255.
§ 11.13. Gift card transactions by minors prohibited.
Gift cards authorized by section 305(h) of the Liquor Code (47 P. S. § 3-305(h)) for sale and redemption by the Board may not be purchased or redeemed by minors.
Authority The provisions of this § 11.13 issued under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).
Source The provisions of this § 11.13 adopted January 5, 2007, effective January 6, 2007, 37 Pa.B. 16.
WHOLESALE ALCOHOL PURCHASE PERMITS
§ 11.21. Classification, fees and requirements.
(a) Classes. Wholesale Alcohol Purchase Permits are divided into the following three classes:
(1) AB Permits (beverage).
(2) AN Permits (nonbeverage).
(3) AE Permits (tax-exempt).
(b) Duration. Permits issued in calendar year 1997 expire December 31, 1997. Permits issued in calendar years 1998, 1999 and 2000 expire December 31, 2000. Thereafter, 4-year terms shall be established whereby all permits issued within a term expire December 31, of the fourth year.
(c) Fees. Fees shall be charged in accordance with the following:
(1) AB and AN Permits are issued for a nonrefundable fee of $10 for each calendar year or part thereof.
(2) AE Permits are issued free of charge.
(3) A fee is not required for a permit issued to a State-owned institution, department, board or commission of the Commonwealth or to a political subdivision thereof or to an agency of the United States Government.
(d) Restrictions. There are no restrictions upon the quantity of alcohol which may be purchased under any class of permit.
(e) Issuance and privileges.
(1) AB Permits will be issued only to resident distillery licensees. The holder of the permit may purchase alcohol at wholesale either directly or by special order through the State Store system, from other resident distillery licensees, from legal vendors or manufacturers located outside of this Commonwealth or import alcohol manufactured by its own distilleries located outside of this Commonwealth.
(2) AN Permits will be issued only to physicians, dentists, veterinarians and pharmacists licensed and registered under the laws of the Commonwealth, manufacturing pharmacists and chemists, manufacturers of products for nonbeverage purposes, hospitals, sanitoriums, eleemosynary institutions, dispensaries, governmental agencies, laboratories, universities and colleges of learning, located in this Commonwealth or for the use of their branches or subdivisions located in this Commonwealth. Permits shall be issued only for the address at which the alcohol is to be stored. An address requires a separate permit. The holder of the permit may purchase alcohol at wholesale either directly or by special order through the State Store system, from resident licensed distillers designated in their application or from distillers outside this Commonwealth, as provided in § 11.33 (relating to purchase of alcohol by AN and AE permittees).
(3) AE Permits will be issued only to the holders of Federal Tax-Free Permits. The holder of the permit may purchase alcohol in the same manner as provided for the holder of an AN Permit.
Source The provisions of this § 11.21 adopted June 26, 1952; amended through November 4, 1963; amended June 18, 1982, effective July 1, 1982, 12 Pa.B. 1860; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial pages (205170) to (205171).
Cross References This section cited in 40 Pa. Code § 11.42 (relating to renewal of permits).
§ 11.22. Application for permits.
(a) Application for a Wholesale Alcohol Purchase Permit shall be made in writing on forms provided by the Board.
(b) An application for a natural person shall be made by and in the name of that person; an application for a partnership shall be made by and in the name of the partnership, by an authorized partner; and an application for a corporation shall be made by and in the name of the corporation, by its properly designated officer.
(c) The Board may, in its discretion, issue the permit applied for, provided the permit fee has been paid.
Source The provisions of this § 11.22 adopted June 26, 1952; amended through November 4, 1963; amended July 8, 1977, effective July 9, 1977, 7 Pa.B. 1890. Immediately preceding text appears at serial pages (4199) to (4200).
§ 11.23. Issuance of card.
(a) A Wholesale Alcohol Purchase Permit Card will be issued for each approved application. The card will allow the permittee and not more than two agents to purchase alcohol at wholesale from State Liquor Stores. An agent shall be directly employed by the permittee and, for identification purposes, shall sign the purchase permit card in the space provided.
(b) At the time a purchase is made, the card shall be presented by the permittee or his agent, and the quantity of each purchase shall be recorded on the reverse side of the card by the clerk.
(c) When a change in agents is desired, a new Wholesale Alcohol Purchase Permit Card shall be obtained by applying to the Board on forms provided by the Board. A nonrefundable fee of $10 for each calendar year or part thereof is required with each application. Forms may be obtained at a State Liquor Store.
Source The provisions of this § 11.23 adopted June 26, 1952; amended through November 4, 1963; amended June 18, 1982, effective July 1, 1982, 12 Pa.B. 1860; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial page (205171).
RIGHTS AND DUTIES OF PERMITTEES
§ 11.31. Restrictions on use of alcohol.
Alcohol purchased by permittees in accordance with this subchapter may be used only for the following categorical purposes:
(1) In the professional practice of physicians, dentists and veterinarians.
(2) In the compounding of prescriptions and sterilizing of equipment by pharmacists.
(3) In the manufacture and compounding of products unfit for beverage purposes by manufacturing pharmacists and chemists, and other manufacturers of nonbeverage products.
(4) In the rectification of the products of distillery licensees.
(5) For medical, mechanical and scientific purposes and treatment of patients by governmental agencies, hospitals, sanitariums, eleemosynary institutions and dispensaries.
(6) For scientific research by laboratories.
(7) For medical, mechanical and scientific purposes in infirmaries at universities and colleges of learning.
Source The provisions of this § 11.33 adopted June 26, 1952; amended through November 4, 1963; amended July 8, 1977, effective July 9, 1977, 7 Pa.B. 1890; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial pages (234113) to (234114).
Cross References This section cited in 40 Pa. Code § 11.21 (relating to classification, fees and requirements).
§ 11.34. Prohibited purchases and sales.
(a) A permittee or other person may not purchase alcohol for repackaging or resale in its original state, except as provided in subsection (b).
(b) The prohibition does not apply to sales or transfers of alcohol between affiliates or subsidiaries holding Manufacturer Licenses and alcohol permits as required in this subchapter where the alcohol is used by the licensees solely for the blending and rectification of liquor.
(c) Distillers may not sell alcohol to anyone in this Commonwealth, except to alcohol permittees in accordance with this subchapter, or to the Board.
Source The provisions of this § 11.34 adopted June 26, 1952; amended through November 4, 1963.
Cross References The provisions of this § 11.35 adopted June 26, 1952; amended through November 4, 1963; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3492. Immediately preceding text appears at serial page (4203).
TRANSFER, RENEWAL, REVOCATION OR SUSPENSION
§ 11.41. Transfer of permits prohibited.
(a) An alcohol permit may not be transferred from one person to another.
(b) An alcohol permittee whose address changes from that shown on his Wholesale Alcohol Purchase Permit Card shall file an application for correction of the permit within 15 days.
(c) Where a change in the ownership of the business of the permittee occurs, the alcohol permit will automatically terminate and a new application shall be filed by the successor.
Source The provisions of this § 11.41 adopted June 26, 1952; amended through November 4, 1963.
§ 11.42. Renewal of permits.
Permits shall be renewed in accordance with § 11.21(b) (relating to classification, fees and requirements).
Source The provisions of this § 11.42 adopted June 26, 1952; amended through November 4, 1963; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial page (205175).
§ 11.43. Revocation or suspension of permits.
The Board may revoke or suspend a permit issued under this subchapter if, after notice and hearing, it appears to the Board that the permittee has violated any law of the United States or of this Commonwealth, or any provision of this part. An action of the Board in revoking or suspending a permit will be final.
Source The provisions of this § 11.43 adopted June 26, 1952; amended through November 4, 1963.
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