Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

40 Pa. Code § 3.92. Brewery pubs.

§ 3.92. Brewery pubs.

 (a)  The Board will be authorized to issue a brewery pub license to the holder of a brewery license. A brewery pub license may only be issued in those municipalities in which the Board may issue or transfer a malt and brewed beverage retail dispenser license.

 (b)  The holder of a brewery pub license shall have all the rights and be subject to the same conditions and qualifications as those imposed on holders of a malt and brewed beverage retail dispenser license except as set forth in this section.

 (c)  The brewery pub license will be issued to premises immediately adjacent to but separate and distinct from the brewery premises.

 (d)  Sales of alcoholic beverages at the brewery pub premises shall be limited to sales of malt or brewed beverages produced at and owned by the brewery adjacent to it or a brewery which is under common control with the brewery pub. A brewery pub licensee may sell, for on-premises consumption, wine manufactured by the holder of a Pennsylvania limited winery license.

 (e)  A brewery pub license may not be issued to a brewery that has already acquired a restaurant, hotel or malt and brewed beverage retail dispenser license. If a brewery, which has a brewery pub license, applies for and acquires a restaurant, hotel or malt and brewed beverage retail dispenser license, the brewery pub license will be cancelled upon approval of the restaurant, hotel or malt and brewed beverage retail dispenser license.

 (f)  Any citations which may be issued under section 471 of the Liquor Code (47 P. S. §  4-471) for activity relating to the brewery pub will be issued against the brewery license.

Authority

   The provisions of this §  3.92 amended under sections 207(i) and 446 of the Liquor Code (47 P. S. § §  2-207(i) and 4-446).

Source

   The provisions of this §  3.92 amended November 18, 2011, effective November 19, 2011, 41 Pa.B. 6217. Immediately preceding text appears at serial page (312231).



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