Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

40 Pa. Code § 1.1. Definitions.

§ 1.1. Definitions.

 The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:

   Alcohol—Absolute alcohol, ethyl alcohol, cane spirits, Cuban spirits, grain spirits, fruit spirits, high wines and other spirits by whatever name or designation given.

   Board—The Liquor Control Board of the Commonwealth.

   Examiner—An individual learned in the law appointed by the Governor under the Liquor Code.

   Liquor Code—The Liquor Code (47 P. S. § §  1-101—10-1001).

   Pecuniary interest—An interest that sounds in the attributes of proprietorship. There is a rebuttable presumption of a pecuniary interest when a person receives 10% or more of the proceeds of the licensed business or when control is exercised by one or more of the following:

     (i)   Employing a majority of the employees of the licensee.

     (ii)   Independently making day-to-day decisions about the operation of the business.

     (iii)   Having final authority to decide how the licensed business is conducted.

   Retail licensee—A licensee that holds a hotel license, a restaurant liquor license, an eating place retail dispenser license, a club license or a catering club license.

Authority

   The provisions of this §  1.1 amended under section 207(i) of the Liquor Code (47 P. S. §  2-207(i)).

Source

   The provisions of this §  1.1 amended July 8, 1977, 7 Pa.B. 1890; amended March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149; amended January 15, 2016, effective January 16, 2016, 46 Pa.B. 352. Immediately preceding text appears at serial page (376806).



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