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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter F. DISPOSITION OF LIQUOR AND MALT
OR BREWED BEVERAGES UNDER
CERTAIN CONDITIONS


Sec.


9.111.    Alcoholic beverages held by estates; legal process; licensees who have discontinued business.
9.112.    Requests for repurchase by bankruptcy estates or officers of the law; information to be furnished.
9.113.    Requests for repurchase by licensees who have discontinued business or sold their licensed business; information to be furnished.
9.114.    Repurchase of liquor presented to the Board.
9.115.    Repurchase of liquor or malt or brewed beverages presented to a distributor, importing distributor or manufacturer.

§ 9.111. Alcoholic beverages held by estates; legal process; licensees who have discontinued business.

 (a)  Liquor.

   (1)  Liquor purchased from a State Liquor Store or from a Pennsylvania-licensed limited winery, limited distillery or distillery, forming part of a bankruptcy estate or in the custody of the law under legal process, may only be repurchased by the Board or the Pennsylvania-licensed manufacturer from whom originally purchased as provided in this subchapter.

   (2)  Liquor in the possession of a licensee at the time the licensed business is discontinued by transfer of the license or otherwise may be sold by the licensee to the transferee or may be repurchased by the Board or the Pennsylvania-licensed manufacturer from whom originally purchased as provided in this subchapter.

 (b)  Malt or brewed beverages.

   (1)  Malt or brewed beverages purchased from a Pennsylvania-licensed distributor or importing distributor or manufacturer, forming part of a bankruptcy estate or in the custody of the law under legal process, may only be repurchased by the Pennsylvania-licensed distributor, importing distributor or manufacturer from whom originally purchased. Except and only in the event the Commonwealth or an agency thereof obtains the custody, possession, right of possession or the title to the malt or brewed beverages under legal process or under judicial sale, the Commonwealth or the agency may sell the malt or brewed beverages to any distributor of any class or to the Pennsylvania-licensed manufacturer who or which is licensed and authorized to buy and sell malt or brewed beverages, and the brand or brands of malt or brewed beverages.

   (2)  Malt or brewed beverages in the possession of a licensee at the time the licensed business is discontinued by transfer of the license or otherwise may be sold only to the transferee of the license or may be repurchased by the Pennsylvania-licensed distributor, importing distributor or manufacturer from whom originally purchased.

Source

   The provisions of this §  9.111 adopted June 26, 1952; amended through August 29, 1966; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1429; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. 4616. Immediately preceding text appears at serial pages (239320) to (239321) and (229083).

§ 9.112. Requests for repurchase by bankruptcy estates or officers of the law; information to be furnished.

 (a)  Receivers and trustees in bankruptcy or officers of the law who possess and wish to sell liquor purchased by a licensee from State Liquor Stores may ask for the liquor to be repurchased by the Board by filing a sworn statement containing the following, as applicable:

   (1)  Receivers and trustees in bankruptcy.

     (i)   Name and address of bankrupt and date of bankruptcy.

     (ii)   Name and address of receiver or trustee who shall file with the statement a certified copy of his appointment or election, and a certified copy of the order of court authorizing or directing the sale of liquor.

     (iii)   Description of the liquor, including brand name, size and number of containers of each brand, and date of purchase, as evidenced by documentation of the transaction.

   (2)  Officers of the law.

     (i)   Name and address of debtor, and nature of debt.

     (ii)   Name and address of sheriff, constable or other officer of the law who shall file with the statement written evidence of his authority to act, together with the name of court, and number and term or name of magistrate.

     (iii)   Description of the liquor, including brand name, size, number of containers of each brand and date of purchase, as evidenced by documentation of the transaction.

 (b)  For purposes of this section, ‘‘documentation of the transaction’’ may include, but is not limited to, a signed bill of lading, a licensee sales invoice or a point of sale receipt.

 (c)  This section does not apply to alcohol seized under Article VI of the Liquor Code (47 P.S. § §  6-601—6-611).

Source

   The provisions of this §  9.112 adopted June 26, 1952; amended through August 29, 1966; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. 4616. Immediately preceding text appears at serial pages (229083) to (229084).

Cross References

   This section cited in 40 Pa. Code §  9.114 (relating to repurchase of liquor presented to the Board).

§ 9.113. Requests for repurchase by licensees who have discontinued business or sold their licensed business; information to be furnished.

 (a)  Discontinuance without transfer of license. A licensee who has discontinued business without transfer of the license who wants to have its remaining liquor inventory repurchased by the Board shall provide the Board with all of the following information:

   (1)  Name and address of licensee.

   (2)  Written statement under oath that the licensee has discontinued the licensed business and the date thereof. If the business has been discontinued due to the death of the licensee, all of the following additional information shall be provided:

     (i)   Name and address of the decedent, and date of death.

     (ii)   Name and address of the executor or administrator who shall file with the statement documentary evidence of the death of the licensee.

   (3)  Description of the liquor, including brand name, size and number of containers of each brand, and date of purchase, as evidenced by documentation of the transaction.

 (b)  Sale of licensed business and repurchase of liquor inventory by the Board. A licensee who is selling its licensed business and who wants to have its remaining liquor inventory repurchased by the Board shall provide the Board with all of the following information:

   (1)  Name and address of licensee.

   (2)  Written statement under oath that the licensee has sold its licensed business and the date thereof.

   (3)  Description of the liquor, including brand name, size and number of containers of each brand, and date of purchase, as evidenced by documentation of the transaction.

 (c)  Sale of licensed business and transfer of liquor and malt or brewed beverages inventory to the transferee. A licensee who is selling its licensed business may sell the remaining liquor and malt or brewed beverages inventory to the transferee of the license, in which case the licensee shall provide the Board with all of the following information:

   (1)  At the time the application for the transfer of the license is filed, a statement that it is the licensee’s intention to include the liquor and malt or brewed beverages inventory, or a designated quantity thereof, in the sale of the license.

   (2)  When the transfer of the license is approved, a sworn statement containing a description of the liquor and malt or brewed beverages, including brand name, size and number of containers of each brand sold to the transferee.

 (d)  Documentation of the transaction. For purposes of this section, ‘‘documentation of the transaction’’ may include, but is not limited to, a signed bill of lading, a licensee sales invoice or a point of sale receipt.

Source

   The provisions of this §  9.113 adopted June 26, 1952; amended through August 29, 1966; amended July 8, 1977, effective July 9, 1977, 7 Pa.B. 1890; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. 4616. Immediately preceding text appears at serial page (229084).

Cross References

   This section cited in 40 Pa. Code §  9.114 (relating to repurchase of liquor presented to the Board); and 40 Pa. Code §  11.231 (relating to general provisions).

§ 9.114. Repurchase of liquor presented to the Board.

 (a)  Upon receipt of the information required under §  9.112 or §  9.113 (relating to requests for repurchase by bankruptcy estates or officers of the law; information to be furnished; and requests for repurchase by licensees who have discontinued business or sold their licensed business; information to be furnished) and verification thereof, the Board may arrange to repurchase some or all of the liquor purchased from State Liquor Stores at the price paid by the licensee. A handling charge of 12.5% or $50, whichever is greater, will be assessed when 12 bottles or more are accepted for purchase. The Board will only repurchase liquor within 30 days of the original purchase by the licensee, except when the Executive Director of the Board or a designee determines that it is in the best interests of the Commonwealth and operationally prudent for the Board to the repurchase the liquor more than 30 days after the licensee purchased it.

 (b)  Repurchases will be confined to 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.

Source

   The provisions of this §  9.114 adopted June 26, 1952; amended through August 29, 1966; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. 4616. Immediately preceding text appears at serial pages (229084) and (307839).

Cross References

   This section cited in 40 Pa. Code §  11.231 (relating to general provisions).

§ 9.115. Repurchase of liquor or malt or brewed beverages presented to a distributor, importing distributor or manufacturer.

 A Pennsylvania-licensed distributor, importing distributor or manufacturer is not required under this chapter to repurchase liquor or malt or brewed beverages. A Pennsylvania-licensed distributor, importing distributor or manufacturer has the discretion to repurchase liquor or malt or brewed beverages. The Pennsylvania-licensed distributor, importing distributor or manufacturer shall keep records pertaining to repurchases in accordance with sections 493(12) and 512 of the Liquor Code (47 P.S. § §  4-493(12) and 5-512).

Source

   The provisions of this §  9.115 adopted June 26, 1952; amended through August 29, 1966; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. 4616. Immediately preceding text appears at serial page (307839).



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