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Pennsylvania Drinking Laws
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PART 1 of 3
Introduction
Purpose of this Guide
This guide gives a general idea of what is permitted and not
permitted in the Commonwealth of Pennsylvania with a focus on
Pittsburgh.
Disclaimer
The information in this guide is an interpretation of current law
and does not purport to be actual law. Please be advised that any code
cited in this document can be revised or eliminated by the controlling
authority without notice.
Citations
Title 47 Liquor
is the Pennsylvania Code used for the controlling citations, except when
amended by subsequent Acts. This is the law passed by the Commonwealth.
Citations are
shown as: (47 P. S. § 0-000) or (47
P. S. §§ 0-000 & 0-000)
See Part 3(1),
below. Note: The symbol for Section is §.
Supplemental Citations
Reference to the 2010 OFFICAL
Pennsylvania LCB Liquor Code,
Title 40
Liquor (the regulations of the Liquor Control Board), is as follows:
Title 40 Pa Code Section {40 Pa Code 13.231}.
The Pa. LCB also publishes an
Unlawful Activities
document (pdf). This document is cited as (UA).
Acts passed by the Commonwealth or House Bills are also referenced in
this document.
Reference to the OFFCIAL 2010 Pennsylvania Vehicle Code,
Title 67
Transportation is as follows: {67 Pa Code 11.1}.
Reference to the OFFCIAL City of Pittsburgh
Code,
is as follows: Title, Article, Section [6, VII,
601.1]. Title Six-Conduct, Article 1 Regulated Rights & Actions
would be of interest to readers.
PART 2 of 3
Interpretive of the Pennsylvania Liquor Law
The following is
an interpretive of the laws under the Pennsylvania Liquor Code arranged
in alphabetical order by subject. Additional laws from the Commonwealth,
Allegheny County and the City of Pittsburgh, et. al. are included.
Advertizing
(47 P. S. § 4-498) identifies
unlawful advertising. See the part on unlawful advertizing in the PALCB
Unlawful Activities
document. This will apply to college newspapers.
Age 21 (47
P. S. § 4-495(b)) applies
The minimum age for consuming alcohol in the Commonwealth is 21.
There is an exception to the rule, as noted below. Although the law
limits minors and children access to bars, those over the age of 18, but
under the age of 21 can also be prohibited on entering clubs and other
events after a certain time of day. See Drinking Age and Underage
Drinking, below. Non-Alcoholic Beverages also applies.
Age 21 – Internet Access
Some websites operated by beer wholesale and retail companies may
restrict access of those under the age of 21. At present, I can find no
law requiring this.
After Hours Clubs
Illegal as serving
outside of permitted hours is prohibited and license required. See:
Extended Hours, Speak-easies. Pa. law prohibits patrons of an
establishment from being in the same room where alcohol is stored or
displayed. See Extended Hours, below.
Beer
The Commonwealth of Pennsylvania makes reference to “Brewed or
Malt Beverage”, which is referred to in this document as “beer”. To be
classified as beer, the alcoholic content must be at least 0.5% ABV, but
does not have to contain malt. e.g. cider. There is no upper limit
restriction for alcohol in beer in Pennsylvania.
Beer Identification
(47
P. S. § 4-493(6))
It is unlawful to furnish or serve beer from any faucet, spigot
or other dispensing apparatus, unless the trade name or brand of the
product served shall appear in full sight of the customer and in legible
lettering upon such faucet, spigot or dispensing apparatus.
Beer to Go (Take Out)
(47
P. S. § 4-407)
Beer can be purchased from bars and restaurants to be taken home
with some restrictions. Beer must in original, unopened containers. They
must not be opened or consumed within the establishment. They may not be
opened or consumed outside the establishment unless permitted by state
or local authority. Private clubs are forbidden to sell alcoholic
beverages for take-out purposes. See Growlers, below.
Quantity
Restrictions
Beer: A limit of 192 ounces for one transaction. This equates to
12 cans or bottles of beer at 16 ounces per container.
Spirits cannot be purchased to take home from a bar or
restaurant.
Wine can be purchased at a restaurant to take home, per HB
48-2010. It must have been partially consumed and purchased with a meal.
Blood-Alcohol Content
The amount of alcohol in a person’s blood can be measured to
determine a person’s sobriety.
The BAC for an adult with a minimum age of 21 is 0.08, effective
September 30, 2003 (Act 24). The limit is lower for those under the age
of 21 and also different for those holding a Commercial Driver’s
License.
There are three
(3) levels of impairment in Pennsylvania:
General Impairment
(.08 to .099% BAC)
High BAC (.10 to
.159% BAC)
Highest BAC (.16%
and higher)
Each level has
different penalties that can be imposed by the courts.
It was reported in the news that once you are suspected of being
intoxicated, the authorities are required by law to administer a test
within three hours of being taken into custody. Should the test be
administered after such time the test could be excluded from court.
Blue Laws
The Commonwealth passed laws that restricted business and
pleasure activity on Sunday. They are known as Blue Laws. Although they
are void for the most part, Sunday openings are different such that
opening hours are different from other days of the week. A Sunday
license is also required to sell alcohol on Sunday.
Brands of Beer Advertizing
Under Pennsylvania LCB law, advertizing of a brand is not
permitted in a bar if that brand is not available (47
P. S. § 4-493(5)). (47 P. S. § 4-493(6))
applies to tap handles (known in the trade as markers).
Brands of Beer List
(47
P. S. § 4-488(c))
All beer sold in Pennsylvania must be registered in the
Commonwealth. The Commonwealth provides a list of registered bands that
is frequently updated. The LCB maintains a list of
Registered Brands
(for beer).
Brew Pubs
After prohibition, brewing became legal in Pennsylvania but
brewing with an attached restaurant was not specifically allowed.
Brewpubs became legal in Pennsylvania in 1989. See {40
Pa Code 3.92} The Allegheny Brewery and Pub became Pennsylvania’s
first brewpub. We now know it as the Penn Brewery (Tom Pastorius,
founder)
Per Act 1 of 2006 (act number and/or date may be incorrect):
Holders of a brewery license may make Sunday sales at their
restaurant or brewery pub, irrespective of the volume of food sales, if
the licensed premises is at a public venue location.
A brewpub is a brewery with all rights of a traditional brewery
other than it can own a restaurant, which is often a separate entity.
There is no prohibition to hinder East End Brewery (Pittsburgh) from
applying to become a brewpub.
Bring Your Own Bottle
BYOB is permitted in an unlicensed restaurant as it is not
prohibited. Some establishments that do not have liquor license will
allow customers to bring beer (not common) or wine (very common) to have
with their meal. A corking fee is often charged.
Establishments that have a license are permitted, at the owner’s
discretion, to allow beer or wine to come in. The LCB only requires that
the patron show that the sales tax has been paid to the Commonwealth. I
have been told from those in the business that a licensed establishment
cannot allow outside alcohol in. I am trying to check this.
A bar or restaurant having a liquor license may also permit
customers to bring their own bottle of wine or beer. There is no
prohibition other than the owner’s consent and one LCB stipulation. Any
bottle of wine or beer brought into an establishment must have the
Pennsylvania tax paid on that bottle.
Candy (Chocolate) containing Liquor
(47
P. S. §§ 3-305.1(a) & 3-305.1(b))
(a) Notwithstanding the
prohibition against the manufacture of confectionery containing alcohol
as set forth in the fifth clause of subsection (a) of section 3 of the
act of May 13, 1909 (P.L. 520, No. 292), referred to as the Pure Food
Law, the manufacture, storage, transportation and delivery to points
out-of-State by manufacturers of confectionery containing alcohol or
liquor is permitted.
(b) The sale of confectionery
containing alcohol or liquor is prohibited within this Commonwealth.
PA State 31 P.S. §
20.3.13
Department of
Agriculture
Confectionery
containing 0.5% or less alcohol by volume is permitted as it is
considered alcohol free. The buyer can be of any age.
Case (of Beer) per Act 84 of 2006
Case. The minimum amount of fluid ounces for purposes of a case
of malt or brewed beverages has been reduced from two hundred
eighty-eight (288) to two hundred sixty-four (264). Thus, a “case” is
now defined as a package prepared by the manufacturer for sale or
distribution of twelve (12) or more original containers totaling two
hundred sixty-four (264) or more fluid ounces of malt or brewed
beverages, excepting those packages containing twenty-four (24) or more
original containers each holding seven (7) fluid ounces or more.
Casinos
Content not yet included.
Children in Bars
The rules allowing children in bars have changed. Minors are
prohibited from sitting at the bar (47 P. S. §
4-493(14)) & {40 Pa Code 5.321(c)(1)}
§5.321
Service in establishments primarily serving food
(a) Section 493(14) of the Liquor
Code (47 P. S. § 4-493(14)) creates several exceptions to the general
prohibition of minors being present in licensed premises. One of these
exceptions, known as the ‘‘Pizza Hut’’ exception, permits a minor to be
present in a restaurant, hotel or retail dispenser (but not a club)
licensed premises that has gross sales of food and nonalcoholic
beverages equal to at least 50% of its combined gross sales of both food
and alcoholic beverages.
(b)
Licensees qualifying for this exception will not be cited for unlawfully
allowing minors to frequent the licensed premises.
(c) To
qualify for this exception, a licensee will assure that:
(1)
Minors are not permitted to sit at the bar counter of the premises.
(2)
Alcoholic beverages are not served to any adult at the table or booth
where the minor is seated, unless the minor is also there with a parent,
legal guardian or proper supervisor.
(3)
Sales of food and nonalcoholic beverages at the licensed premises during
the preceding 12-month licensing year are at least 50% of the combined
gross sales of both food and alcoholic beverages
The Pennsylvania State Police Liquor Control Enforcement
guidelines indicate that a person performing proper supervision must not
be under the age of 25 years. Title 47 and Title 40 do not specify this
but should not be assumed to be incorrect.
Cider
Cider is produced
by the fermentation of only apple juice to an alcohol content between
0.5% and 5.5% ABV. It is to be sold as alcoholic cider and not as a
wine, a wine product or as a substitute for wine. Under Pa. law (47
P. S. § 1-102), it comes under the definition of malt or brewed
beverage. As such it is to be sold through beer distributors.
Wine is fermented
from grapes and other fruits, having an alcoholic content of 24% or
less. The term "wine" shall not include any products containing alcohol
derived from malt, grain, cereal, molasses or cactus. Cider fermented
over 5.5% is classified as a wine in Pa. and is to be sold through the
Pa. State Store System but it cannot be sold as wine.
City of Pittsburgh Code
The City of
Pittsburgh
Code is
posted on a third-party site. Although the City does not specifically
regulate the liquor license of bars and restaurants, they do regulate
the land, building and business use. Should the City attempt to close a
problem bar it can use ordinances regulation occupancy, noise or zoning.
(47 P. S. § 4-493.1) applies.
Class of licenses
(C) Club License, for private clubs. No beer to go to
non-members.
(CC) Catering License
(E) Deli License, may not sell wines or spirits.
(H) Hotel License
(R) Restaurant License, typical for bars and restaurants
Extensions to the
above licenses are:
(AP) Amusement Permit {40 Pa Code 5.30}
(EHF) Extended Hours Food Permit, requires a SS extension
{40 Pa Code 11.171}
(SS) Sunday Sales Permit for E, H or R licenses {40
Pa Code 11.171}
Note:
An AP extension is not required for television, jukebox or live
instrumental music.
Cleaning of Taps, Coils, Tap Rods & Connections
(47 P. S. § 0-000)
It is required to clean such items every 7 days for beer {40
Pa Code 5.51} and every 30 days for wine {40
Pa Code 11.101}. Beer lines may be cleaned every eight weeks if
the
BLM2000 system is used (UA).
This system uses audio signals to retard yeast and bacteria from
growing.
Clubs
Clubs are private venues that have some differences with bars and
restaurants under Pa. law. The chief difference is operating hours and
admission. They require a membership list {40 Pa
Code5.72} and basically operate as a club with by-laws, meetings,
etc. Private clubs are forbidden to sell alcoholic beverages for
take-out purposes per (47 P. S. § 4-407).
Credit, Selling on
It is illegal to sell alcohol on credit in Pennsylvania. However,
this has been interpreted by the state to exclude buying with credit
cards, which is now permitted. Buying on credit is typically having a
store sell you items and keeping a “book” on your account. See {40
Pa Code 11.191}
Daylight Savings Time
(47
P. S. § 4-462(b))
When clocks “fall back” one hour, bars, etc., are permitted to
stay open. When clocks “move ahead” one hour, bars, etc., must close.
Distillers
Distillers may not sell to anyone in Pennsylvania except those
permitted to sell alcohol {40 Pa Code 11.34(c)}.
Dram Shop Law
(47
P. S. § 4-497)
This law places responsibility on a server if a person is in an
accident while being drunk. The last server attending the person can be
held in neglect. It can be recognized that a minor or drunk is unable to
be self-responsible and that a sober individual serving should have the
foresight to protect those unable to protect themselves.
This author recognizes the legality of this law but it overlooks
a few points. The drunken person may not appear to be drunk until he/she
leaves the bar. It the bar has a doorman checking for ID, does the
doorman bear some of the responsibility? How can the server be
accurately identified? Are there reliable witnesses?
Drink Tax
Officially called the Allegheny County Alcoholic
Beverage Tax
is a tax imposed at the point of sale. As of January 1, 2009, the tax
was 7%. The tax is not to be charged when buying beer from a
distributor.
Drinking Age
People are permitted to consume alcoholic beverages in
Pennsylvania from the time they are 21 years old. Legally, a person of
any age may be required to produce a license verifying age. Although it
is not common for people that appear to be older than 21 years old to
show ID, it is still legally required and must be produced upon request.
See License requirements for Customers, below.
The minimum age permitted to drink in the United States is 21
year old. Prior to1984, the minimum age was determined by individual
states and legally each state can raise or lower the age from the
national standard. But not without side affects.
The (Federal)
National Minimum Drinking Age Act of 1984 required all states to raise
their minimum purchase and public possession of alcohol age to 21.
States that did not and had lower age limits faced loss of
transportation money.
Drinking-up Time
(47
P. S. § 4-499 applies)
In Pennsylvania, bars and restaurants may serve alcohol from 7:00
am until 2:00 am the next morning, Monday thru Saturday (47
P. S. § 4-406). Sunday hours are from 11:00am to 2:00 am the next
morning. All patrons must leave the premise no matter what they have not
finished eating or drinking. However, patrons have a thirty-minute
drinking-up time after the official closing time, which is commonly
called last call. At 2:30 am (3:30 for clubs) all alcohol must be
cleared from the bar, tables and other areas.
Private clubs are permitted to stay open until 3:00 am with a
thirty minute drinking up time.
Driving Under the Influence (DUI)
Alcohol content in a person’s blood can impair judgment and
mobility. The content can be measured and the amount can used to
determine if one able to drive a vehicle. Alcohol is represented as
grams of alcohol (ethanol) per 100 milliliters of blood.
Pa. Vehicle Code:
the Vehicle Code replaced The Pennsylvania Motor Vehicle Code. One
change that occurred was the definition of a vehicle to include
non-motorized vehicles (skateboards, bicycles, animals, etc.) and boats
(powered and non-powered).
Driving under any
controlled substance (not just alcohol) can lead to a DUI. Should you
refuse a field test you are suppose to loose your license but this is
not entirely true as two high profile Pittsburgh people have refused but
released by a judge.
Dry Communities
(47
P. S. § 4-432(c) applies)
Although alcohol consumption is permitted in Pennsylvania, not
all communities permit alcohol to be served within the community. This
is referred to as being dry, as in a dry town. There are several dry
communities in Allegheny County. There are no totally dry counties in
Pennsylvania. Dry Allegheny Co. towns are (as of January 1, 2011):
Bellevue, Ben Avon, Bradford Woods, Edgewood, Forest Hills, Ingram and
Wilkinsburg.
DUI Checkpoints
The US Supreme Court ruled that properly conducted DUI
checkpoints do not violate the constitution. That does not make
checkpoints mandatory but only permits them. Some states have
specifically prohibited their use and some, although not prohibiting
them, do not conduct them. Checkpoints are conducted in Pennsylvania.
Election Day Opening
The Commonwealth of Pennsylvania permits license holders to open
on Election Day. At one time the sale of alcohol was not allowed until 1
hour after the poles closed. Holders of a Sunday license were exempt
from this restriction.
Extended Hours
(47
P. S. § 4-499 applies)
An establishment having a liquor license may extend opening hours
beyond the required closing time with permission from the Liquor Control
Board. The establishment must comply with certain restrictions. The
extension must be for a single event and not for a duration spanning
days or months. No alcohol may be served during the extended time and
all alcohol must be locked in a separate room.
Free Beer
Yes, this is a dream come true. Restaurants, pizza shops and
similar venues that do not have a liquor license to sell alcohol can
give it away for free. This is generally beer but wine can be given as
well. Spirits are not due to the high cost. An establishment may offer a
free drink, but not having a license does not exempt them from the law.
Under Commonwealth law a drink can be offered but without any
restriction. The drinker cannot be asked for a donation or asked to buy
a meal or service. If a free drink is offered it is done with no
expectation of a return. It is usually done to attract customers or to
thank customers for their patronage. See {40 Pa
Code 13.53} for additional restrictions.
The Pennsylvania State Police Enforcement division does monitor
such activity and they have sent officers to venues that advertize free
drinks. Although no supporting citations are given here, such activity
has been reported in major newspapers.
Gambling (aka Gaming)
Gambling, called gaming now that it is upscale, is not permitted
in an establishment holding a license to serve. The state lottery is
exempt and can be sold in licensed taverns.
Growlers
Brewpubs and breweries are permitted to sell growlers to go of 64
ounces (minimum) or more to the public per (47
P. S. § 4-440). Sales of this nature cannot be less than 64
ounces and cannot be consumed on the premise. The 192 ounce limit
appears non applicable.
Taverns and restaurants are permitted (because they are not
prohibited) to sell growlers but with a 192 ounce limit. The 64-ounce
minimum is not addressed in Title 47 or Title 40 as the conscience
thought process since inception was that draft beer was illegal.
Brewpubs and breweries have an original container clause that does not
seem to apply to bars and restaurants.
Happy Hour
Alcoholic drinks can be reduced in price in order to attract
customers. New regulations passed in 2011 continue with the weekly total
of 14 hours. Whereas the bar could have no more than two consecutive
hours per day, the new rules permit taking no more than two hours from
one day to have no more than four hours on another day. Act 11 (2011)
(HB 148 of 2011) does not specify that the 4 hours be consecutive but
any two hours must be consecutive. Happy hour is not permitted after mid
night. The Pennsylvania State Police are of the opinion that happy hour
is not permitted on weekends.
Under the old Commonwealth law, happy hour could not exceed two
hours per day. Some license holders have advertized more hours but they
are incorrect in their interpretation. There is no prohibition on happy
hours on weekends, although it is seldom applied. The old law, as well
as the new law permits a total of 14 hours per week.
Home Brewing – State Regulations
Brewing beer at home is permitted under Federal law and although
not specifically permitted under Pennsylvania law, it is not prohibited.
Home Brewing – Federal Regulations
Brewing beer at home became legal on October 14, 1978 when Public
Law was signed by then president Jimmy Carter. It became effective
February 1979. See Code of Federal Regulations
Part 25 Beer,
Beer for Personal or Family Use, 25.205 thru 25. 207. It permits a
brewer to 18 years old. State law governs. Pa. law (47
P. S. § 4-492) permits any person to brew up to 200 gallons per
year for personal use but cannot be sold.
Hours – Prohibition of Sales
(47
P. S. § 4-406) applies to bars and restaurants.
(47
P. S. § 4-406) applies to Super Bowl Sunday and December 31st.
(47
P. S. § 4-432(f)) applies to hotels, delis, retail and golf
courses for sales on Sunday.
(47
P. S. § 4-492.1) applies to manufacturers, importing distributors
and distributors.
(47
P. S. § 4-492(7)) prohibits clubs from selling between 3:00am to
7:00am.
(47
P. S. § 4-492(7)) applies to hotels, delis and public service
licensee.
(47
P. S. § 4-499) applies to all establishments.
Identification, Proper form of
(47
P. S. § 4-495(a))
The LCB identifies various forms of identification that permits a
person to buy and consume alcohol. See License Requirements for
Customers, below.
License Requirements for Customers
Any person of legal age permitted to consume alcoholic beverages
must have a license verifying that person’s age (47
P. S. § 4-495(b)) applies to hotels, delis, retail and golf
courses for sales on Sunday. An accepted license is a government issued
driver’s license bearing a photograph of the person, a government issued
non-driving identification card with photograph, a passport or a
military identification card. A passport issued by another country or a
travel visa is also permitted.
The Commonwealth does have a procedure in place that will permit
a person of legal age to drink if he/she does not have a photo
license verifying age. All bars are required to keep and issue a form
that the drinker must sign and declare that he is of legal age. The bar
must maintain this record for a period of time. (47
P. S. § 4-495(b)) applies to bars and (47
P. S. § 4-495) applies to State Stores.
Prior to the introduction of photo driver’s licenses, the Liquor
Control Board issued identification cards to verify a person’s right to
drink. These cards are no longer issued. Driver’s licenses and
non-driving identification cards are issued by the Commonwealth
Department of Transportation.
License Requirements for Owners
No person may manufacture, sell or transport alcoholic beverages
in the Commonwealth without a license issued by the Commonwealth. Owners
may wish to read the Bring Your Own Bottle section, above.
Low Alcohol Beer (Near Beer) (3.2 Beer)
See Non-Alcoholic Beverages, below
Non-Alcoholic Beverages
The Pennsylvania Crimes Code makes it unlawful to sell or furnish
any beverage intended-to-be sold as non-alcoholic beer, wine or liquor
to any person less than twenty-one (21) years of age.
Nudity
Nudity is not permitted in an establishment holding a license
other than a club. Clubs are different than taverns and restaurants as
they are members-only. Local law may prevent nudity but under state
liquor law it is permitted. I may elaborate on this in future but for
now, no nudity in bars or restaurants.
Open Container Law
The Commonwealth of Pennsylvania prohibits the driver from
drinking while driving and everyone from possessing an open container
within the compartment of an automobile.
Some communities may prohibit a person of any age from carrying a
container of an alcoholic beverage in an unsealed, or open top. You do
not have to be seen drinking or be suspicious of being intoxicated to be
stopped.
Typically, containers are sealed during manufacturing. With the
popularity of buying growlers to take draft beer home, it can be debated
if the container is “open” or not as the cap is not factory sealed. One
brewpub that sold growlers to go actually sealed the cap with a heat gun
and shrink-wrap tape as this was their interpretation of the law.
The City of Pittsburgh has an open container law prohibiting
persons holding or carrying alcohol in open containers in public except
in a controlled environment. Title 6 601.08(a) [6,
I, 601.08(a)] No person shall consume alcoholic beverages or
carry or possess an open container of alcoholic beverages in the public
right-of-way, or on private property without the consent of the
landowner or tenant, except that this prohibition shall not apply to
block parties held under special permit issued by the Department of
Public Works and in accordance with regulations issued pursuant thereto.
Pennsylvania Liquor Code
The buying,
selling, manufacturing, transportation of, and other aspects of alcohol
use in the Commonwealth of Pennsylvania is regulated under the
Pennsylvania Code, Title 40 Liquor. Here is a direct link to
Title 40.
The following
chapters of the liquor code are listed below.
PART I. Liquor Control Board
Chapter 1.
General Provisions
Chapter 3.
License Applications
Chapter 5.
Duties and Rights of Licensees
Chapter 7.
Transfer, Extension, Surrender
and Exchange of Licenses
Chapter 9.
Transportation, Importation,
Disposition and Storage
Chapter 11.
Purchases and Sales
Chapter 13.
Promotion
Chapter 15.
Special Rules of Administrative Practice and Procedure Regarding Matters
Before the Office of Administrative Law Judge
Chapter 17.
Special Rules of Practice and Procedure for Matters Before the Board
For answers to
legal inquiries, contact:
Office of Chief
Counsel
PA Liquor Control
Board
401 Northwest
Office Building
Harrisburg, PA
17124-0001
(717) 783-9454,
Fax (717) 787-8820
Pennsylvania Liquor Code Enforcement
(47
P. S. § 2-211 applies)
Enforcement of the Liquor Code is performed by the Pennsylvania
State Police, Bureau of Liquor Control Enforcement (BLCE).
Guidelines
have been published.
Prior to 1987 the Liquor Control Board had agents to enforce the
code.
Public Intoxication & Urination
Most communities do not permit public intoxication or urination
and a person can be issued a citation for such. City of Pittsburgh Code
[6, I, 601.16] prohibits public urination
& defecation as well as failure to clean afterwards.
Public Venue
A public venue (block party, etc.) having a license for such
event may not allow alcohol for take home (47 P.
S. § 4-412). Consumption of alcohol must be within the permitted
hours.
RAMP (Responsible Alcohol Management Program)
This is a PLCB program that promotes responsible alcohol service
by owners and servers in the alcohol business. See
this page
from the Pennsylvania Restaurant Association.
Retail Price of Beer
A bar owner may set the price of beer but the price may not be
capriciously changed during a day or day-to-day.
Serving Size
In the United States, alcohol is served by the container and not
by the measure. Beer is sold by the glass and not by the pint unless
specifically stated.
The Commonwealth
does identify a “standard” measure:
A standard-sized
alcoholic beverage is defined as {40 Pa Code
13.53}:
12 fluid ounces of
a malt or brewed beverage
4 fluid ounces of
wine (including fortified wine)
1½ fluid ounces of
liquor
But, there is no
requirement that they be followed.
Smoking Exemptions
The Pennsylvania Liquor Control Board has no regulations
concerning smoking in licensed establishments. The Clean Indoor Air Act
(Act 27 of 2008) prohibits smoking in all public areas but does allow
for exemptions under certain conditions. The Clean Indoor Air Act and
the exemptions are controlled by the Pennsylvania Department of Health.
The City of Philadelphia is specifically exempt of this Act.
The Bureau of Liquor Control Enforcement has the responsibility
for investigating violations of the CIAA in licensed liquor
establishments throughout the Commonwealth. The CIAA prohibits smoking
in most public places, including restaurants, bars, private clubs and
portions of casino floors. More information regarding the CIAA can be
found at the Pennsylvania Department of Health’s website
https://www.health.state.pa.us.
Having a smoking exemption may prohibit an establishment from
doing business on Sunday and other special event days.
The LCB permits person between 17 and 21 to work in a licensed
establishment {40 Pa Code 5.11}, but the
smoking exemption prohibits any person under that age or 21 from being
in an exempted area. You must be 18 to serve alcohol.
The sale of food must not exceed 20% of the gross sales of the
business.
Allegheny County Code (880-2) prohibits smoking and follows the
state prohibition and (880-5) permits enforcement by the Allegheny
County health Department. To help muddle the law, the code restricts
smoking from within 5 feet of an entrance but not less than 15 feet from
a no-smoking sign. What to do if the sign is on a door?
Speak-Easies
Illegal as serving outside of permitted hours is prohibited and
license required. A speak-easy is a place that does not have a license
to sell or serve alcohol. As such they do not comply with any codes nor
carry any form of insurance. A license bar that stays open after normal
business hours is an after hours club. Both are illegal.
The City of Pittsburgh Code [6, I, 601.07]
requires anyone selling alcohol to have a license and anyone patronizing
a place selling alcohol to have a license.
This was taken from Wiki: The term "speakeasy" might have
originated in Pennsylvania in 1888, when the Brooks High-License Act
raised the state's fee for a saloon license from $50 to $500. The number
of licensed bars promptly plummeted, but some bars continued to operate
illegally. Kate Hester had run a saloon for years in McKeesport, just
outside of Pittsburgh. She refused to pay the new license fee and wanted
to keep from drawing attention to her illegal business. When her
customers got too rowdy, she would hush them by whispering, "Speak easy,
boys! Speak easy!" This expression became common in McKeesport and
spread to Pittsburgh.
St. Patrick’s Day
The Commonwealth has granted permission for license holders not
having a Sunday license to operate should this day fall on a Sunday.
State Forest Picnic Areas
Title 17 of the
Pennsylvania Code: Department of Conservation and Natural Resources has
language regulating drinking and conduct in Pennsylvania.
Section 23.12
prohibits possession and consumption of alcohol on state forest picnic
areas.
Section 23.24
prohibits disorderly conduct, indecent exposure, and obscene or lewd
acts or dress.
Sunday Opening
Licensed establishments may not serve alcohol on Sunday without a
Sunday Sales license issued by the LCB. Certain requirements must be met
per {40 Pa Code 11.171}. (47
P. S. § 4-432(f)) applies to hotels, delis, retail and golf
courses for sales on Sunday.
In general: food sales must be at least 30% of gross sales of
food and alcoholic beverages. To obtain a smoking exemption, the
percentage of food with respect to the gross must not exceed 20%. Sunday
hours are from 11:00 am to 2:00 am, Monday. A bar must hit the 30% mark
(annually) but there is no requirement to actually sell food in Sunday.
There is not requirement to sell 30% food and non-alcoholic beverages on
a Sunday. This requirement was at one time set at 40% but is now 30% per
{40 Pa Code 11.172}.
Super Bowl Sunday
(47
P. S. § 4-406)
The Commonwealth has granted permission for license holders not
having a Sunday license to operate should this day fall on a Sunday.
December 31st
(47
P. S. § 4-406)
The Commonwealth has granted permission for license holders not
having a Sunday license to operate should this day fall on a Sunday.
Take Out (To Go)
Distributors are not permitted to break a case. Taverns (a.k.a.
Bottle Shops) and restaurants may sell as little as one bottle but mot
more than 192 ounces during a visit. Restaurants may allow you to buy
your bottle to take home, but the bottle had to have been opened in the
restaurant and partially consumed. Spirits may not be purchased other
than a state controlled retail store.
Beer
Bars and other establishments are permitted to sell beer may sell
not more that the equivalent of 192 ounces to one customer at one time.
It has been shown that a customer will leave and re-enter the same bar
(without the previous purchase) and buy a subsequent purchase.
Wine
Restaurants may sell wine to go only if the bottle was part of a
meal and partially consumed. Restaurants cannot sell unopened wine to
go. Wine cannot be sold in containers exceeding 5 liters {40
Pa Code 11.104}, except sparkling wines can exceed 5 liters. No
minimum quantity is given. Wine in kegs is not permitted exceeding 5
liters except for sparkling wines. Part {40 Pa
Code 11.82(c)} relates to the clergy (47
P. S. § 4-409). Containers of wine for use in churches, temple,
or synagogues may be in containers of unlimited size and of glass or
wood per {40 Pa Code 11.83}.
See Cider, above,
for a definition of wine.
Wine Imported into
Pennsylvania (Internet Sales) (47 P. S. § 4-488)
applies. Sellers from outside Pennsylvania are required to have a direct
shipping license from Pa. and must follow certain requirements.
Spirits
Bars and restaurants cannot sell spirits to go.
Three-Tier System
Pennsylvania law allows for the brewing of beer, but brewers
(first tier) may not self distribute. Retail outlets (third tier)
receive beer from independent distributors (second tier). Usually, beer
goes to wholesalers who have contract rights for various brands. The
wholesalers then distribute to retail outlets or smaller distributors.
The three-tier system was established with the repeal of
prohibition in 1933.
Transporting Alcohol from Outside the Commonwealth
It is illegal to bring alcohol into the Commonwealth without a
license unless it is a small quantity for personal use. A one-gallon
limit is permitted but should the quantity exceed one-gallon the state
can impose a mark-up and tax {40 Code 9.83}.
Transporting Alcohol from Outside the Country
When bringing alcohol into the Commonwealth from another state or
from an international origin, Federal and State rules apply. US Customs
agents check for goods coming into the country.
Underage Drinking
Pennsylvania does not permit persons under the age of 21 to be
served alcohol, except under very restrictive circumstances. Person
under 21 could loose driving privileges when applying for a driver’s
license in the future.
Unlawful Acts
Unlawful acts performed by a license holder are covered in (47
P. S. § 4-493).
Highlights within
this section are: (1) Sale to intoxicated
person, (7) (8)
Strength of alcohol on labels or advertisements, (10)
Entertainment, (13) Employment of minors,
(14) Minors at the bar and (16)
Selling at unlawful hours. Other parts may or may not be show above.
Vehicle Code
This was formerly the Motor Vehicle Code. The MVC did not prevent
impaired people from operating other vehicles (such as driving a boat
drunk) so the code was changed to prohibit operating any type vehicle or
device that propels a person. This allowed prosecution for driving under
the influence when operating a boat, bicycle, lawn mower, tractor, or
riding a horse. All of these and more have been identified in the news.
Wineries, Limited
Limited wineries are permitted under {40
Pa Code 11.111}.
PART 3 of 3
Commentary, Explanations, Feedback
Part 3(1): The
Pennsylvania Crimes Code (as illustrated in this
document)
lists activity
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2012 Edward P. Vidunas, All Rights Reserved |