Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

40 Pa. Code § 11.238. Permit holders.

§ 11.238. Permit holders.

 (a)  The Board may accept the return of product from permit holders who sell alcohol less than 15 days in the course of a year, such as special occasion, wine auction or spirit auction permit holders.

 (b)  At the time product is picked up or delivered, permit holders will be made aware, through the provision of a pre-authorization form, of all of the following conditions for the return of liquor:

   (1)  If the product was picked up at a Pennsylvania liquor store, the permit holder shall return the product to that store and no other Board location.

   (2)  If the product was delivered by the Board to the event location, only 100% full, unopened cases will be accepted by the Board’s delivery truck for return. All other product shall be returned to a Pennsylvania liquor store or licensee service center as directed by the Board.

   (3)  The product must be saleable liquor in the original containers, unopened and unadulterated, as when originally sold by the State Liquor Stores. ‘‘Saleable’’ means that the products and containers must look as they did when originally purchased.

   (4)  At the time of the return, the permit holder shall provide the Board with documentation of the transaction, as defined in §  11.231(d) (relating to general provisions).

   (5)  The product shall be returned within 30 days of the date of purchase.

   (6)  The product must be kept out of direct sunlight and in a temperature-controlled environment, such as a refrigerator, temperature-controlled delivery truck or any other location where the temperature does not reach below 55° or above 75°.

   (7)  The return of liquor purchased as a special order listing, as that term is defined in §  13.71 (relating to definitions), is subject to §  11.239 (relating to special order listings).

 (c)  The permit holder will be required to acknowledge the pre-authorization form, which will be maintained on file with the Board.

 (d)  Permit holders who return product in accordance with the conditions in this section will receive a refund.

   (1)  Refunds will be in the amount of the price paid for the product, as evidenced by the documentation of the transaction, as defined in §  11.231(d).

   (2)  Refunds for a return of less than 12 bottles, regardless of type or brand, will not be assessed a handling charge.

   (3)  Refunds for a return of 12 bottles or more, regardless of type or brand, will be assessed a handling charge of 12.5% of the total amount refunded or $50, whichever is greater.

   (4)  Fees for the services of a delivery truck are non-refundable.



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