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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter A. TRANSPORTATION OF LIQUOR, MALT OR
BREWED BEVERAGES, OR ALCOHOL


GENERAL PROVISIONS

Sec.


9.1.    Definitions.

VEHICLES


9.11.    Transportation for hire.
9.12.    Applications for transporter-for-hire licenses.
9.13.    Records and reports.

VEHICLES


9.21.    Identification of cargo.
9.22.    Identification of vehicles.
9.23.    [Reserved].
9.24.    [Reserved].
9.25.    [Reserved].
9.26.    [Reserved].
9.27.    [Reserved].
9.28.    Use of vehicles.
9.29.    [Reserved].
9.30.    [Reserved].

Cross References

   This subchapter cited in 40 Pa. Code §  11.111 (relating to sale by limited winery licensees); and 40 Pa. Code §  11.222 (relating to additional conditions).

GENERAL PROVISIONS


§ 9.1. Definitions.

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

   General parcel consignment—The commercial transportation of packages or parcels of not more than 50 pounds per parcel where each package is a separate and distinct shipment.

   Liquor parcel—A package containing not more than the number of units of liquor in a standard case packaging configuration as approved by the Board.

   Transporter-for-Hire License, Class A—A license authorizing the holder to engage in the commercial transportation of liquor, malt or brewed beverages or alcohol to or from points located in this Commonwealth.

   Transporter-for-Hire License, Class B—A license authorizing the holder to engage in the commercial transportation of malt or brewed beverages only, to or from points located in this Commonwealth.

   Transporter-for-Hire License, Class C—A fleet license authorizing the holder to engage in the commercial transportation of liquor parcels within this Commonwealth.

   Vehicles—Trucks, buses, cars, wagons, scooters, motorcycles, aircraft, watercraft or other means of transportation.

Authority

   The provisions of this §  9.1 issued under sections 207(i) and 505.2(2) and (3) of the Liquor Code (47 P. S. § §  2-207(i) and 5-505.2(2) and (3)).

Source

   The provisions of this §  9.1 adopted June 26, 1952; amended through August 29, 1966; amended March 11, 1983, effective March 12, 1983, 13 Pa.B. 984. Immediately preceding text appears at serial page (4167).

VEHICLES


§ 9.11. Transportation for hire.

 (a)  Except as exempted in subsection (b), a person who transports liquor, malt or brewed beverages or alcohol for hire within this commonwealth shall obtain a Transporter-for-Hire License, Class A, a Transporter-for-Hire License, Class B or a Transporter-for-Hire License, Class C, from the Board.

 (b)  Liquor, malt or brewed beverages or alcohol, may be transported for hire without a Transporter-for-Hire License under the following conditions:

   (1)  If the alcohol in question is ‘‘denatured,’’ as specified in the Liquor Code.

   (2)  If transportation is accomplished by scheduled common air carriers of mail and passengers; or by common carriers by railroad, subject to regulation by the Pennsylvania Public Utility Commission; or by transporters-for-hire who transport liquor, malt or brewed beverages or alcohol, under contract with, and as agents of, common carriers by railroad, under railroad tariffs, railroad bills of lading, railroad regulations and railroad responsibility and direction, provided the main transportation of the liquor, malt or brewed beverages or alcohol, is by rail and the agents perform only a collection and delivery service as part of the rail transportation, and further provided that certified copies of the contracts of the agents are filed with the Board.

   (3)  If the liquor, malt or brewed beverages, or alcohol in question are for the personal use of, and not for resale by, the transporter.

   (4)  If transportation is by licensees of the Board whose licenses or permits authorize the transportation of liquor, malt or brewed beverages or alcohol in the regular operation of their licensed business.

   (5)  If transportation is by persons who transport liquor, malt or brewed beverages or alcohol, through this Commonwealth commercially and not for delivery therein:

     (i)   The operator of the vehicle shall have in his possession at all times while in this Commonwealth, an invoice and a bill of lading or waybill (showing the brand name, size and number of containers of liquor, malt or brewed beverages or alcohol so transported), which shall be produced for inspection upon the request of an authorized police or enforcement officer of this Commonwealth.

     (ii)   The cargo must remain intact and upon the same vehicle or conveyance while in this Commonwealth, unless prevented by an accident or other similarly uncontrollable circumstance.

Authority

   The provisions of this §  9.11 issued under sections 207(i) and 505.2(2) and (3) of the Liquor Code (47 P. S. § §  2-207(i) and 5-505.2(2) and (3)).

Source

   The provisions of this §  9.11 adopted June 26, 1952; amended through August 29, 1966; amended March 11, 1983, effective March 12, 1983, 13 Pa.B. 984; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial pages (274507) to (274508).

§ 9.12. Applications for Transporter-for-Hire Licenses.

 (a)  Transporter-for-Hire License, Class A. An application for a Transporter-for-Hire License, Class A, shall be filed on forms furnished by the Board and shall be accompanied by application and license fees in accordance with section 614-A of The Administrative Code of 1929 (71 P. S. §  240.14A). The license will be issued for the calendar year and the license fee will be prorated quarterly, in accordance with section 508 of the Liquor Code (47 P. S. §  5-508).

 (b)  Transporter-for-Hire License, Class B. An application for a Transporter-for-Hire License, Class B, shall be accompanied by application and license fees in accordance with section 614-A of The Administrative Code of 1929. The licenses will be issued for the calendar year.

 (c)  Transporter-for-Hire License, Class C. An application for Transporter-for-Hire License, Class C, shall be accompanied by application and license fees in accordance with section 614-A of The Administrative Code of 1929. The license will be issued for the calendar year. To secure this license, the applicant shall demonstrate that he maintains a fleet of vehicles primarily engaged in general parcel consignment, servicing all points within this Commonwealth and shall demonstrate that he can transport liquor from points in this Commonwealth to Board facilities, from Pennsylvania licensed limited winery locations to limited winery customers and from distilleries of historical significance to distillery customers.

Authority

   The provisions of this §  9.12 issued under sections 207(i) and 505.2(2) and (3) of the Liquor Code (47 P. S. § §  2-207(i) and 505.2(2) and (3)).

Source

   The provisions of this §  9.12 adopted June 26, 1952; amended through August 29, 1966; amended March 11, 1983, effective March 12, 1983, 12 Pa.B. 984; amended November 23, 1984, effective November 24, 1984, 14 Pa.B. 4284; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; amended January 19, 2001, effective January 20, 2001, 31 Pa.B. 430. Immediately preceding text appears at serial page (234100).

§ 9.13. Records and reports.

 (a)  Records. A holder of a transporter-for-hire license shall maintain and keep, in hard copy or electronic media consistent with generally accepted accounting procedures, for a period of at least 2 years, complete and accurate daily records of transactions conducted under the authority of the license under section 512 of the Liquor Code (47 P. S. §  5.512). Records shall be subject to inspection by authorized representatives of the Board and the Pennsylvania State Police, Bureau of Liquor Control Enforcement, under sections 211 and 513 of the Liquor Code (47 P. S. § §  2-211 and 5-513). 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.

 (b)  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 subsection (a).

Source

   The provisions of this §  9.13 adopted June 26, 1952; amended through August 29, 1966; amended July 8, 1977, effective July 9, 1977, 7 Pa.B. 1890; amended March 11, 1983, effective March 12, 1983, 13 Pa.B. 984; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3492; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial page (229057).

VEHICLES


§ 9.21. Identification of cargo.

 While transporting alcoholic beverages, all Transporter-for-Hire Licensees shall maintain in each vehicle documentation indicating the name and address of the consignee and the name and address of the consignor for alcoholic beverages being transported. The documentation shall be available for inspection by the Board at all times.

Authority

   The provisions of this §  9.21 issued under sections 207(i) and 505.2(2) and (3) of the Liquor Code (47 P. S. § §  2-207(i) and 505.2(2) and (3)).

Source

   The provisions of this §  9.21 adopted June 26, 1952; amended through August 29, 1966; amended March 11, 1983, effective March 12, 1983, 13 Pa.B. 984. Immediately preceding text appears at serial pages (72715) to (72716).

§ 9.22. Identification of vehicles.

 Licensees of the Board whose licenses authorize the transportation of liquor, malt or brewed beverages, or alcohol in the regular operation of their licensed businesses shall display on each side of each vehicle used in the operation of the business their name, address, including the street name and number as shown on the license, and the license number as shown on the license in letters no smaller than 2 inches in height. The license identification number must be preceded by the letters ‘‘P.L.C.B.’’

Authority

   The provisions of this §  9.22 issued under sections 207(i) and 505.2(2) and (3) of the Liquor Code (47 P.S. § §  2-207(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 §  9.22 adopted June 26, 1952; amended through August 29, 1966; amended March 11, 1983, effective January 1, 1984, 13 Pa.B. 984; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139; amended October 27, 2017, effective October 28, 2017, 47 Pa.B. 6725. Immediately preceding text appears at serial page (307834).

Cross References

   This section cited in 40 Pa. Code §  9.28 (relating to use of vehicles).

§ 9.23. [Reserved].


Source

   The provisions of this §  9.23 adopted June 26, 1952; amended through August 29, 1966; amended June 18, 1982, effective July 1, 1982, 12 Pa.B. 1860; amended March 11, 1983, effective March 12, 1983, 13 Pa.B. 984; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432; reserved November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial pages (247240) and (293235).

§ 9.24. [Reserved].


Source

   The provisions of this §  9.24 adopted June 26, 1952; amended through August 29, 1966; amended March 11, 1983, effective January 1, 1984, 13 Pa.B. 984; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432; reserved November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately existing text appears at serial page (293235).

§ 9.25. [Reserved].


Source

   The provisions of this §  9.25 adopted June 26, 1952; amended through August 29, 1966; reserved March 11, 1983, effective March 12, 1983, 13 Pa.B. 984. Immediately preceding text appears at serial pages (72717) to (72718).

§ 9.26. [Reserved].


Source

   The provisions of this §  9.26 adopted June 26, 1952; amended through August 29, 1966; amended March 11, 1983, effective January 1, 1984, 13 Pa.B. 984; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; amended November 8, 2002, effective November 9, 2002, 32 Pa.B. 5512; reserved November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial pages (293235) to (293236).

§ 9.27. [Reserved].


Source

   The provisions of this §  9.27 adopted June 26, 1952; amended through August 29, 1966; amended June 18, 1982, effective July 1, 1982, 12 Pa.B. 1860; amended March 11, 1983, effective March 12, 1983, 13 Pa.B. 984; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; reserved August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial page (229060).

§ 9.28. Use of vehicles.

 (a)  A licensee engaged in the purchase or sale of liquor, malt or brewed beverages, or alcohol may not use or permit to be used vehicles other than the ones identified for use in operation of its licensed business for the transportation of liquor, malt or brewed beverages, or alcohol. Subject to the limitations of their respective licenses, transporter-for-hire licensees may transport liquor, malt or brewed beverages or alcohol in vehicles owned or leased by the transporter-for-hire licensees and operated by drivers employed by the transporter-for-hire licensees or operated by drivers employed by unlicensed transporters who are under contract with the transporter-for-hire licensees.

 (b)  Persons who have contracted with and are performing transportation services of alcoholic beverages for the transporter-for-hire licensees are considered agents of the transporters-for-hire for purposes of section 471 of the Liquor Code (47 P. S. §  4-471).

 (c)  A licensee may not sell, lease or permit the use by another of a vehicle identified for use in operation of its licensed business without first obscuring or defacing the identification displayed on the vehicle.

Authority

   The provisions of this §  9.28 issued under sections 207(i) and 505.2(2) and (3) of the Liquor Code (47 P. S. § §  2-207(i) and 5-505.2(2) and (3)).

Source

   The provisions of this §  9.28 adopted March 11, 1983, effective March 12, 1983, 13 Pa.B. 984; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432; amended November 8, 2002, effective November 9, 2002, 32 Pa.B. 5512; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial pages (293236) to (293237).

§ 9.29. [Reserved].


Source

   The provisions of this §  9.29 adopted March 11, 1983, effective March 12, 1983, 13 Pa.B. 984; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432; reserved November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial page (293237).

§ 9.30. [Reserved].


Source

   The provisions of this §  9.30 adopted March 11, 1983, effective March 12, 1983, 13 Pa.B. 984; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432; reserved November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial pages (293237) to (293238).



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