Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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40 Pa. Code § 11.111. Sale by limited winery licensees.

LIMITED WINERIES


§ 11.111. Sale by limited winery licensees.

 (a)  A limited winery licensee, licensed under §  3.62 (relating to creation), may sell wines produced on the licensed premises in accordance with the Liquor Code and this part, under the conditions in this subsection.

   (1)  There may be no sales for consumption on the licensed premises.

   (2)  Wine sold under a limited winery license may be shipped by transporter-for-hire or in a vehicle properly registered with the Board, as provided in Chapter 9, Subchapter A (relating to transportation of liquor, malt or brewed beverages or alcohol).

   (3)  Wine sold and destined to points within this Commonwealth shall be in sealed original containers.

   (4)  Sales may be made generally only between the hours of 9 a.m. and 9 p.m. Monday to Saturday, inclusive, and 10 a.m. to 6 p.m. on Sunday. During the period from the Thanksgiving Day holiday through New Year’s Day, limited winery sales locations may remain open until 10 p.m. of sales day to conform with the closing times of neighboring mall or shopping district businesses. Additionally, a limited winery may request approval from the Board to extend sales hours in individual locations at other times during the year, or beyond the limits set in this section. The request shall be in writing, to the Board’s Office of the Chief Counsel, and shall detail the exact locations where sales hours are proposed to be extended. The licensee shall also set forth the proposed hours and dates of extended operation, as well as the reason for, and justification of, the proposed extended sales hours.

   (5)  While there may be no sales on credit, a limited winery may accept:

     (i)   From licensees and retail customers, checks drawn on their account.

     (ii)   From retail customers, credit cards issued by banking or financial institutions subject to State or Federal regulations.

   (6)  Visitors on the licensed premises may be provided without charge with samples of wine produced by the limited winery for tasting and with crackers, nuts, cheese, bread sticks and bread cubes to be used in conjunction with tastings.

   (7)  Limited winery licensees engaged in the retail and wholesale sales of wine are responsible to conform to the Liquor Code and this title.

   (8)  In addition to the sale of wines, the following items are permitted to be offered for sale on the licensed premises:

     (i)   Pennsylvania-grown fruits and the following products produced from the fruits:

       (A)   Juices.

       (B)   Juice concentrates.

       (C)   Jellies, jams and preserves.

     (ii)   Pennsylvania-grown mushrooms.

     (iii)   Home winemaking equipment and supplies.

     (iv)   Wine serving and storage accessories as follows:

       (A)   Cork removers.

       (B)   Wine glasses and decanters.

       (C)   Wine racks.

       (D)   Serving baskets and buckets.

       (E)   Bottle stoppers.

     (v)   Publications dealing with wine and winemaking.

     (vi)   Cheese, crackers, breads, nuts and preserved meats for consumption off the premises.

     (vii)   Gift packages consisting of any combination of the items listed in subparagraphs (i)—(vi).

     (viii)   Promotional items advertising the limited winery such as tee shirts, glassware, caps and the like.

   (9)  Sales on the licensed premises of merchandise not listed in paragraph (8) is subject to Board approval. The approval shall be requested by letter addressed to the Board. A limited winery licensee will be advised of approved items through an appropriate means of dissemination.

   (10)  Mail or telephone orders may be accepted. Delivery of products shall be accomplished through the use of vehicles properly registered by the limited winery licensees or through properly licensed transporters. It is the responsibility of the limited winery licensee to insure that wine is not delivered to minors and that proper invoices are maintained under §  5.103 (relating to limited wineries).

 (b)  The employment of an agent by a limited winery is governed by §  3.63 (relating to agents).

 (c)  Records, sales invoices and reports shall be kept as prescribed in §  5.103.

 (d)  The use of additional Board-approved locations by limited winery licensees is governed by §  3.64 (relating to additional Board-approved locations).

Authority

   The provisions of this §  11.111 issued under sections 207(g) and (i) and 505.2(2) and (3) of the Liquor Code (47 P. S. § §  2-207(g) and (i) and 5-505.2(2) and (3)); amended under section 207(i) of the Liquor Code (47 P.S. §  2-207(i)).

Source

   The provisions of this §  11.111 adopted March 11, 1969; amended July 23, 1971, effective July 24, 1971, 1 Pa.B. 1562; amended June 18, 1982, effective July 1, 1982, 12 Pa.B. 1860; amended March 11, 1983, effective January 1, 1984, 13 Pa.B. 984; amended October 4, 1985, effective October 5, 1985, 15 Pa.B. 3511; corrected December 30, 1988, effective March 1, 1986, 18 Pa.B. 5757; amended December 22, 1995, effective December 23, 1995, 25 Pa. B. 5957; amended March 29, 1996, effective March 30, 1996, 26 Pa.B. 1353; amended October 9, 1998, effective October 10, 1998, 28 Pa.B. 5103; amended July 13, 2012, effective July 14, 2012, 42 Pa.B. 4465; amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1233. Immediately preceding text appears at serial pages (362949) to (362951).

Cross References

   This section cited in 40 Pa. Code §  3.62 (relating to creation).



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