Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter B. IMPORTATION OF LIQUOR


Sec.


9.31.    Purpose.
9.32.    Bottling, fortification, blending and the like.
9.33.    Importation by distilleries.
9.34.    Records to be maintained by importers.
9.35.    [Reserved].
9.36.    Right of the Board to inspection.

§ 9.31. Purpose.

 This subchapter is supplemental to the provisions of section 410 of the Liquor Code (47 P. S. §  4-410), and is intended to expedite the more efficient administration thereof.

Source

   The provisions of this §  9.31 adopted June 26, 1952; amended through August 29, 1966.

§ 9.32. Bottling, fortification, blending and the like.

 Except as otherwise provided in this subchapter, liquor imported into or purchased within this Commonwealth, and sold by the holder of an Importer License, shall be in the original container in which it was received by the importer, and as capped, corked and labeled by the manufacturer. The liquors, imported or purchased within this Commonwealth, may not be reduced, repackaged, fortified, blended, rectified or compounded by the importer unless he also holds a Manufacturer License. The holder of an Importer License may have liquor imported or purchased by him in this Commonwealth in bulk, bottled for him by the holder of a Manufacturer License. The bulk liquor shall be bottled straight or reduced in proof only, and may not be fortified, blended, rectified or compounded.

Source

   The provisions of this §  9.32 adopted June 26, 1952; amended through August 29, 1966.

§ 9.33. Importation by distilleries.

 (a)  A distillery holding a Manufacturer License may not import liquor from outside this Commonwealth nor purchase liquor from a resident manufacturer unless the distiller also holds an Importer License. When both licenses are held, liquor may be imported or purchased from a Commonwealth manufacturer, in bulk, to be used in the manufacture, rectification, blending and reduction in proof for straight bottling. Liquors which have been rebottled, as well as rectified and manufactured products, may be sold to the Board, exported to other states, or sold to the holder of an Importer License within this Commonwealth. The importation or purchase of liquor shall be for the sole use and benefit of the holder of the Manufacturer License, and the liquor so imported or purchased may not be resold in its original state.

 (b)  Commonwealth manufacturers holding Importer Licenses may purchase liquor in bulk from other manufacturers in this Commonwealth in accordance with the procedure in subsection (c).

 (c)  Bulk sales will be permitted only in quantities of 50 gallons or more for each sale. Manufacturers desiring to purchase liquor in bulk shall place their orders with the Purchasing Division of the Board. An order shall include the following:

   (1)  The name and address of the manufacturer.

   (2)  The name and address of the person or firm to which the order is directed.

   (3)  A description of the liquor desired.

   (4)  The manner in which the liquor is to be packed, including the size and number of containers.

   (5)  The manner in which the liquor is to be shipped, including the name of the carrier. If the carrier is a trucking company, it shall hold a valid transporter-for-hire license issued by the Board.

 (d)  Every order shall be accompanied by a remittance in the amount of $5.

 (e)  Upon approval by the Board of an order from a manufacturer, the order will be forwarded to the person or firm to which directed and the vendor will be notified to make shipment to the Board at the destination given in the order. The Board will also furnish the purchaser with a notice of release in duplicate, both copies of which shall be signed by the purchaser and surrendered to the carrier upon delivery of the liquor. The carrier shall then sign the original in the space provided and forward it to the Board, retaining the other copy for his file.

 (f)  The Board will not be liable to a vendor for the purchase price of liquor purchased in bulk or for transportation charges or claims, in connection therewith.

Source

   The provisions of this §  9.33 adopted June 26, 1952; amended through August 29, 1966; amended July 8, 1977, effective July 9, 1977, 7 Pa.B. 1890; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145. Immediately preceding text appears at serial pages (149741) to (149742) and (149771).

§ 9.34. Records to be maintained by importers.

 (a)  The holder of an Importer License shall maintain and keep on the licensed premises, for a period of 2 years, complete and accurate daily records in hard copy or electronic media consistent with generally accepted accounting procedures, of transactions conducted under the authority of the license under section 493(12) of the Liquor Code (47 P. S. §  4-493(12)). These records 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 and shall include the date of purchase, the name and address of the person from whom purchased and the kind and quantity of liquor purchased. The holder shall further specify whether the liquor was purchased in bulk and bottled in this Commonwealth, the name and address of the manufacturer therein that bottled the bulk liquor, the kind and quantity thereof so purchased and bottled, the date of sale, the name and address of the person to whom sold and the kind, quantity and price of the liquor sold.

 (b)  Records shall also be maintained for all liquor withdrawn from stock. The records shall show the date of withdrawal, quantity withdrawn, and the purpose for which used.

 (c)  Copies of reports and forms required by Federal or State governmental agencies related to the licensed operations 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) and (b).

Source

   The provisions of this §  9.34 adopted June 26, 1952; amended through August 29, 1966; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3492. Immediately preceding text appears at serial page (31203).

§ 9.35. [Reserved].


Source

   The provisions of this §  9.35 adopted June 26, 1952; amended through August 29, 1966; reserved June 22, 1990, effective June 23, 1990, 20 Pa.B. 3492. Immediately preceding text appears at serial page (31203).

§ 9.36. Right of the Board to inspection.

 (a)  The Board may inspect purchases made under this subchapter.

 (b)  The Board may also inspect records covering transactions under this subchapter.

Source

   The provisions of this §  9.36 adopted June 26, 1952; amended through August 29, 1966.



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