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Pennsylvania Code



Subchapter C. WINES


SACRAMENTAL WINE LICENSEES

Sec.


11.81.    Purchase and importation of sacramental wine.
11.82.    Sale and delivery.
11.83.    Containers.
11.84.    Records.

AGENTS OF SACRAMENTAL WINE LICENSEES


11.91.    Employment of agents.
11.92.    [Reserved].
11.93.    Privileges of agents.
11.94.    Cancellation, revocation or suspension of registration.

DISPENSING OF WINE


11.101.    Use of decanters or similar receptacles.
11.102.    Identifying brand or trade name.
11.103.    Dispensing system sanitation.
11.104.    Wine in kegs.

LIMITED WINERIES


11.111.    Sale by limited winery licensees.
11.112.    [Reserved].

SACRAMENTAL WINE LICENSEES


§ 11.81. Purchase and importation of sacramental wine.

 The holder of a Sacramental Wine License may purchase from manufacturers within, or import into, this Commonwealth, only wine to be used for sacramental or religious purposes. The purchases shall be consigned and delivered to the licensee.

Source

   The provisions of this §  11.81 adopted October 10, 1952.

§ 11.82. Sale and delivery.

 (a)  Sales of sacramental wine may be made only to an ordained priest, clergyman or rabbi in charge of a congregation, for use in the cathedral, church, synagogue or temple.

 (b)  Sales of sacramental wine may be made only to an ordained priest, clergyman or rabbi in charge of a congregation, for the uses of sustaining members of the congregation or members of the faith who attend religious services where religious rites require the use of sacramental wine in the home.

 (c)  The priest, clergyman or rabbi purchasing the wine shall furnish to the licensee the name and address of the member or family and the quantity of wine to be delivered. A sale or delivery may not occur until the names and addresses have been certified to the licensee.

 (d)  The sales are limited to 40 liters annually per family.

 (e)  Deliveries shall be made by the licensee, directly to the home address, as certified by the purchasing priest, clergyman or rabbi.

Source

   The provisions of this §  11.82 adopted October 10, 1952; amended September 29, 1978, effective September 30, 1978, 8 Pa.B. 2689. Immediately preceding text appears at serial page (4213).

Cross References

   This section cited in 40 Pa. Code §  11.83 (relating to containers).

§ 11.83. Containers.

 (a)  Containers for wine sold for use in a cathedral, church, synagogue or temple may be constructed of glass or wood and of unlimited capacity.

 (b)  Containers for wine sold for use in the homes of members, under §  11.82(b) (relating to sale and delivery), may not exceed 5 liters.

 (c)  A container shall be capped or corked by the manufacturer or the holder of a Sacramental Wine License.

Source

   The provisions of this §  11.83 adopted October 10, 1952; amended September 29, 1978, effective September 30, 1978, 8 Pa.B. 2689; amended March 29, 1996, effective March 30, 1996, 26 Pa.B. 1353. Immediately preceding text appears at serial page (205185).

§ 11.84. Records.

 (a)  The holder of a Sacramental Wine License shall maintain and keep on the licensed premises, under section 409 of the Liquor Code (47 P. S. §  4-409), in hard copy or electronic media consistent with generally accepted accounting procedures, complete and accurate daily records containing the following:

   (1)  The date of purchase.

   (2)  The name and address of the person from whom purchased.

   (3)  The date of sale.

   (4)  The name and address of the priest, clergyman or rabbi to whom sold.

   (5)  The type, quantity and price of wine sold.

   (6)  The name and address of members to whom wine is delivered directly, and the quantity.

 (b)  A copy of all sales records shall be retained in the records of the licensee on the licensed premises for 2 years.

 (c)  All stock of wine on hand shall be reconciled with the records by means of a physical inventory taken at the close of business each month, at which time proper claim shall be made for any unusual losses of wine through theft, evaporation, absorption or other conditions. No retroactive claims for losses will be allowed.

 (d)  The records maintained by licensees under this section shall be open to inspection by authorized representatives of the Board and the State Police, Bureau of Liquor Control Enforcement, under sections 211 and 493(21) of the Liquor Code (47 P. S. § §  2-211 and 4-493(21)). A recordkeeping system utilized by the licensee shall have the capability to provide for the reconciling of required data. Entries shall be verifiable by supporting documentation—original documents. Records shall be clearly identifiable to the licensed operation.

 (e)  Federal and State government reports and forms. Copies of reports or forms required by Federal or State governmental agencies related to the licensed operation shall be maintained for a period of 2 years unless required to be maintained for a longer period by the Federal or State agencies. The reports or forms shall also be open to inspection by authorized representatives of the Board and the State Police, Bureau of Liquor Control Enforcement, and shall constitute a satisfactory record if they contain the information required in subsections (a)—(c).

Source

   The provisions of this §  11.84 adopted October 10, 1952; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3492. Immediately preceding text appears at serial page (72737).

AGENTS OF SACRAMENTAL WINE LICENSEES


§ 11.91. Employment of agents.

 A sacramental wine licensee may employ individuals to solicit orders for sacramental wines or to promote the sale of the wines.

Source

   The provisions of this §  11.91 adopted October 10, 1952; amended October 16, 1981, effective January 1, 1982, 11 Pa.B. 3552; 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 December 17, 1999, effective December 18, 1999, 29 Pa.B. 6337. Immediately preceding text appears at serial page (213908).

§ 11.92. [Reserved].


Source

   The provisions of this §  11.92 adopted October 10, 1952; amended October 16, 1981, effective January 1, 1982, 11 Pa.B. 3552; reserved December 17, 1999, effective December 18, 1999, 29 Pa.B. 6337. Immediately preceding text appears at serial pages (213908) and (248689).

§ 11.93. Privileges of agents.

 An agent of a sacramental wine licensee may only solicit and obtain orders for sacramental wine and then only from priests, clergymen or rabbis. An agent of a sacramental wine licensee is not permitted to have in his possession or on his truck a sacramental wine for which he does not have an order in his possession. An agent of the sacramental wine licensee may not take orders for an alcoholic beverage except wine to be used for sacramental or religious purposes, unless the agent has been registered in accordance with this title, nor may he deliver other types of merchandise. A truck or vehicle used by a sacramental wine licensee or his agent shall be registered with the Board, in accordance with the Liquor Code and the provisions of this part.

Source

   The provisions of this §  11.93 adopted October 10, 1952.

§ 11.94. Cancellation, revocation or suspension of registration.

 (a)  A licensee may request the cancellation of the registration of an agent by returning the identification card issued to the agent. The Board will cancel the registration. Where the employment of an agent is terminated, the licensee shall immediately notify the Board, and the identification card issued to the agent shall be surrendered.

 (b)  Upon learning of the violation of a provision of this part or a law of the Commonwealth relating to liquor, malt or brewed beverages, and alcohol, by the agent of the sacramental wine licensee, the Board may summon the agent to appear before it or its examiner, not less than 10 days nor more than 15 days from the date of sending to such agent, by registered mail, a notice to show cause why his agent’s registration should not be suspended or revoked. Upon the hearing, if satisfied that the violation has occurred, the Board will immediately suspend or revoke the registration, notifying the licensee and the agent by registered mail. An agent whose registration has been revoked shall be ineligible for reregistration for the period of time as the Board may determine. The action of the Board will be final.

Source

   The provisions of this §  11.94 adopted October 10, 1952; amended October 16, 1981, effective January 1, 1982, 11 Pa.B. 3552. Immediately preceding text appears at serial pages (4216) and (38679).

DISPENSING OF WINE


§ 11.101. Use of decanters or similar receptacles.

 Retail liquor licensees may dispense wine from decanters or similar receptacles including receptacles forming a part of a dispensing system.

Source

   The provisions of this §  11.101 adopted October 10, 1952; amended September 13, 1974, effective September 14, 1974, 4 Pa.B. 1948; amended November 23, 1984, effective November 24, 1984, 14 Pa.B. 4284. Immediately preceding text appears at serial page (81469).

§ 11.102. Identifying brand or trade name.

 The brand or trade name of wine served by a dispensing system shall be identified, in legible lettering, in one of the following ways or in any combination:

   (1)  On the dispensing system in sight of patrons.

   (2)  On a menu, wine list or other beverage list.

   (3)  On the licensed premises in a location accessible to and in sight of patrons.

Source

   The provisions of this §  11.102 adopted October 10, 1952; amended September 13, 1974, effective September 14, 1974, 4 Pa.B. 1948; amended through November 23, 1984, effective November 24, 1984, 14 Pa.B. 4284. Immediately preceding text appears at serial pages (81469) to (81470).

§ 11.103. Dispensing system sanitation.

 (a)  Coils, taps, connections, siphons, spigots or other parts of a wine dispensing system shall be cleaned at least once every 30 days by a method which thoroughly cleans the system and leaves it in a sanitary condition.

 (b)  Records shall be kept on the licensed premises indicating the date of each cleaning and the method used.

Source

   The provisions of this §  11.103 amended November 23, 1984, effective November 24, 1984, 14 Pa.B. 4284. Immediately preceding text appears at serial page (81470).

§ 11.104. Wine in kegs.

 Wine in kegs of any capacity will not be purchased or sold by the Board. No wine will be sold through the Board in containers exceeding a capacity of 5 liters except that the Board may sell sparkling grape wine (as defined in 27 CFR 4.21(b)(1)—(3) (relating to the standards of identity)) in glass containers larger than 5 liters.

Source

   The provisions of this §  11.104 adopted October 10, 1952; amended September 29, 1978, effective September 30, 1978, 8 Pa.B. 2689; amended March 29, 1996, effective March 30, 1996, 26 Pa.B. 1353; amended October 9, 1998, effective October 10, 1998, 28 Pa.B. 5103. Immediately preceding text appears at serial page (213910).

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).

§ 11.112. [Reserved].


Source

   The provisions of this §  11.112 adopted March 11, 1969; amended July 23, 1971, effective July 24, 1971, 1 Pa.B. 1562; amended June 9, 1978, effective June 10, 1978, 8 Pa.B. 1563; amended September 29, 1978, effective September 30, 1978, 8 Pa.B. 2689; amended October 30, 1981, effective October 31, 1981, 11 Pa.B. 3689; reserved March 11, 1983, effective March 12, 1983, 13 Pa.B. 984. Immediately preceding text appears at serial pages (65196) to (65197).



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