Appendix F Full | PLCB RAMP Server/Seller Training by Lesley Davis

Agency Overviews

Pennsylvania Liquor Control Board, Bureau of Alcohol Education
Alcohol education and abuse prevention are a crucial part of the PLCB’s mission. The Bureau of Alcohol Education works with statewide and local organizations to reduce the consequences of alcohol misuse.

The PLCB underscored its long-term commitment to alcohol education in 1994 by establishing the Bureau of Alcohol Education. Since that time, the Bureau has been at the forefront in fostering the PLCB’s national reputation for innovation and leadership in the areas of alcohol education and abuse prevention. Its programs have become models for other states and locales for the development of approaches to reducing alcohol misuse and its staff have become important resources for those organizations.

Overall Goals for the Bureau of Alcohol Education:

Goal #1—Increase the capacity of licensees to prevent the misuse of alcohol

Goal #2—Increase the capacity of communities and organizations to prevent the misuse of alcohol

Goal #3—Increase Pennsylvanians awareness of alcohol misuse, its consequences and how they can prevent misuse.

To accomplish these goals, we adhere to the following objectives:

Facilitate a Responsible Alcohol Management Program for licensees throughout the Commonwealth.
Provide grant funds to support initiatives aimed at building capacity to change the environment and discourage misuse of alcohol.
Produce a biennial report, as mandated by ACT 85 of 2006, for the state legislature detailing underage alcohol usage and high-risk college drinking within the Commonwealth.
Conduct training programs, offer technical assistance and consultation services to school districts, communities, colleges and universities and law enforcement in their efforts to deliver a multipronged comprehensive approach to combat underage and dangerous drinking.
Offer assistance to mobilize coalitions and partnerships who share similar goals as a means of enhancing localized prevention efforts and implementation of best practices for environmental strategies.
Develop and maintain websites to deliver information and interact with Pennsylvanians and others.
Develop and disseminate a wide variety of free alcohol education materials.
Participate in local, regional, state and national events to raise awareness about the programs and activities offered by the PLCB and the Bureau of Alcohol Education.

Alcohol Education Initiatives

RAMP: The Responsible Alcohol Management Program (RAMP) was created by the PLCB to help licensees and their employees to serve alcohol responsibly. RAMP offers practical advice for licensees operating restaurants, hotels, clubs, distributors, and even special occasion permit holders.

ACT 85: The PLCB released the first biennial report to the General Assembly on underage and high-risk drinking in the Commonwealth in March 2007. Mandated by Act 85 of 2006, the report presents current information on levels and trends of underage consumption, existing state prevention programs, and science-based proven prevention strategies, which can have an impact on future programming. The second report was delivered to the General Assembly in early 2009.

College/Community Grants: Grants are awarded to Pennsylvania colleges, universities, and community organizations for “environmental management prevention.” This includes funds for the establishment of campus and community coalitions; efforts aimed at reducing availability of alcohol; increasing the effectiveness of enforcement efforts; reducing marketing and promotion of excessive drinking; and creating a normative local environment that reduces excessive consumption.

Training/Technical Assistance: The PLCB has coordinated statewide training opportunities on various alcohol-related topics. Workshops and conferences have afforded individuals the opportunity to hear nationally recognized experts in the area of high-risk and underage drinking. The PLCB plans to expand its training program by adding new subject areas and increasing the target audience. Some of the trainings offered by the PLCB include, but are not limited to, Source Investigation Project, Controlled Party Dispersal, Fake ID, Same P.A.G.E., and Safe Homes. The PLCB has assisted communities in creating comprehensive coalitions to address underage and high-risk drinking.

Alcohol Education Website: A section of the PLCB website is dedicated to Alcohol Education and provides information and resources to the public. Parents, students, professionals, and licensees can check out the latest statistics, find county resources, and research the current alcohol-related laws, order prevention materials, and link to state and national organizations working on underage and high-risk alcohol consumption. The PLCB has launched two (2) new websites which include one focused on underage drinking (www.dontletminorsdrink.com) and its higher education site that can be found on the Bureau’s main public site (www.lcb.state.pa.us).

Prevention Materials: The PLCB develops and disseminates numerous alcohol education materials. Over 200 different items (including brochures, posters, stickers, pencils, etc.) are available free of charge to Pennsylvania residents. Most items are printed in-house by the PLCB’s Graphics Department. Materials are constantly being updated/developed based on current trends or needs of the target population.

Events: The PLCB attends various events to educate and demonstrate the consequences of underage drinking and high-risk drinking to individuals across the Commonwealth.

Alcohol Awareness Poster Contest: This contest challenges students in grades K-12 to create a poster about the facts and consequences of underage drinking/drinking and driving. The winning entries and student artists are honored in Harrisburg. Their designs are reproduced by the PLCB throughout the year and disseminated to schools and to the public.

Public Service Campaigns: The PLCB uses various media, including television, radio, outdoor and print to raise awareness about alcohol issues. Traditionally a spring campaign focuses on youth and a winter campaign on impaired driving and youth.

Pennsylvania Liquor Control Board, Office of Chief Counsel

The PLCB’s Chief Counsel is responsible for providing legal interpretation of beverage alcohol law and regulations in order to provide for consistency of application and enforcement by the BLCE. This office also issues advisory notices and legal opinions to licensees to clarify applicable laws and regulations, Board policies and procedures, and provides guidance to the industry.

Pennsylvania Liquor Control Board, Bureau of Licensing

The Bureau of Licensing is comprised of a Director, Assistant Director and four (4) Divisions and is responsible for administering a program of selective licensing under the Pennsylvania Liquor Code and the Board’s Regulations. Licensing supports the licensed beverage industry by assuring compliance with the statutory and regulatory mandates while at the same time protecting the public safety, health and welfare of the residents of this Commonwealth.

The Bureau of Licensing activities include:

Receive, record, analyze and apply the appropriate statutory and regulatory criteria to all applications for licenses and permits authorizing the manufacture, storage, transportation and sale of liquor and malt or brewed beverages within the Commonwealth.
Closely scrutinize tax status via the processing of tax clearance certifications through the Pennsylvania Departments of Revenue and Labor and Industry.
Maintain close relationships with the BLCE, and the Records and Identification Section, establishing many of the licensee compliance standards enforced by the Pennsylvania State Police.
Maintain interaction with the Office of the Administrative Law Judge, Office of the Attorney General, district attorneys, and local municipalities.
Monitor actions and appeals pending in Pennsylvania Courts of Common Pleas, Commonwealth Court, Pennsylvania Supreme Court and United States Federal Courts.
Examine, review and administratively refuse renewal applications for establishments determined to have abused the license privilege to such an extent as to meet the criteria for inclusion in the Nuisance Bar Program; approve specific applications in lieu of Board action; and set forth objections to various applications and direct administrative hearings.

Administrative and Divergent Licensee Affairs Division

This Division ensures compliance with the Liquor Code during the review of all applications and provides the Director with accurate details to determine action against licensees/applicants. It works closely with the Director, Assistant Director of Licensing and other Division Chiefs, ensures the existing and proposed policies are consistently applied and meet all foreseeable legal requirements. It consists of the Board Case Preparation Section and the Nuisance Bar Unit.

Board Case Preparation Section

Performs the final review of all licensing casework which requires Board consideration.
Evaluates the correct legal objections to pending applications prior to administrative hearings and/or Board consideration.
Handles all new applications for Economic Development licenses;
Handles all cases with valid protests; and “special handling” (i.e. high profile, urgent) cases
Tracks and provides documents regarding court appeals on all licensing matters.

Nuisance Bar Unit

Is responsible for analyzing the prior operating history of all licensees potentially meeting the nuisance bar criteria.
Prepares appropriate correspondence and forward a summary of analysis, including recommended course of action for each case reviewed, to the Director for review and decision.
Generates notification of the Director’s decision and monitors each case for subsequent responses, appeals or hearings.
Processes any transfers involving Offers-in-Compromise.

Evaluation Division

This Division is comprised of four (4) teams and the Licensing Information Center. The four (4) teams review and analyze applications and notice of changes in licenses and permit status filed in accordance with statutory and regulatory requirements. Each application is scrutinized relative to the mandated requirements and issues such as bankruptcy, liens, writs of execution, etc. The Licensing Information Center is primarily dedicated to license application problem resolution and responding to inquiries from licensees, attorneys, legislature and the general public. It also serves as the central drop-off and pick-up point for applications, related forms and supporting documents.

Investigative Division

Applications cleared for processing in the Administrative Division are forwarded to the field operations offices for investigation. The investigation includes a review of qualifications and financial arrangements, on-site inspections, and personal interviews. Due to the quota system of licensing in the Commonwealth, licenses are commonly transferred as a private sale among the parties. This division also investigates all reported changes to license status.

Analysts have to contact many different sources for information, including district attorneys’ offices, prothonotaries of various courts, clerks of courts, Department of Transportation, Pennsylvania State Police, local police, zoning offices and postal authorities. All information obtained is to help the reviewer make an informed decision regarding a license application.

Most investigations are conducted within a thirty (30) to forty-five (45) day time period. A written report is submitted to the appropriate reviewing authority for a decision. In certain circumstances, the field analyst can grant authority at the time of the inspection.

The field operation investigations are also part of the Board’s Nuisance Bar Program that reviews the operational history of the licensee at the time of renewal.

Approximately four (4) times a year, licensing seminars are held for licensees in conjunction with the BLCE, Office of Chief Counsel and Alcohol Education. An orientation is conducted for each new wholesale licensee.

The field is supervised through three (3) regional offices in a web-based reporting system from various field home locations.

Licensing Systems and Program Management Division

This Division provides crucial support of the entire licensing process. This Division initially evaluates all applications, correspondence and data entry information. Broad systems and job knowledge are key to setting up and routing all applications on the correct path for processing. Strict statutory and regulatory criteria must be applied to consider the acceptability of any application.

State of the art technology provides an interactive Image Processing System for document retrieval and processing applications. As image administrator, the Chief coordinates the technical elements with the Liquor Code and procedural knowledge. This link sets in motion the process through Licensing Image Processing, host data base systems, licensing; all of which provide the essential elements of the work products for the Bureau of Licensing.

This Division supports multiple agencies in their related functions, including the BLCE, as well as its records section; the Office of Administrative Law Judge; and the Departments of Revenue and Labor and Industry.

An e-Licensing Coordinator is responsible for creating and maintaining the Bureau’s Internet pages and Licensing’s electronic application forms.

Legislative Liaison

This person serves as the single point of contact for the Board and members of the General Assembly on the status of license applications, coordinating Agency responses to sensitive, technical licensing inquiries; assists in coordinating Board activities relative to special projects and the Nuisance Bar Program; serves as liaison with standing House and Senate Committees, and the Board Secretary, on licensing and licensing-related matters; and provides assistance to the Legislature and/or constituents in matters of policy and Board procedures.

New Licenses

There are three (3) basic classes of licenses and permits:

Retail licenses include hotels, restaurants, eating place retail dispensers, clubs, catering clubs, various golf courses, airport restaurants, continuing care retirement communities, off-track wagering restaurants, public service licenses, special occasion permits, performing arts facilities and public venues.
Wholesale licenses include distributor and importing distributor licenses.
Calendar year licenses and permits include importers, transporters, manufacturers, alcohol permits, wineries, sales permits, direct wine shippers and others.

Each application for a new license undergoes stringent review to assure adherence to the provisions of the law. Issuances of some types listed in items 1 and 2, above, are limited in number based on the quota of the county in which the proposed premises is located. Some municipalities prohibit the issuance of certain types of licenses by having exercised their “local option” under section 472 of the Liquor Code.

To determine the availability of these types of licenses, contact the PLCB for license availability at 717-787-5549. For all other inquiries, contact the Licensing Information Center at 717-783-8250.

To protect local communities, public notice of beverage alcohol license applications is required by most applicants. When there is a valid protest filed by a local community or its residents, a public hearing is held. On-site inspections and personal interviews are conducted by the PLCB, all of which become part of the official record. Licenses are issued only after a thorough evaluation to ensure all legal and community impact requirements are met.

Transfer of Licenses

Because restrictions exist for the issuance of restaurants, eating places and certain club licenses, few “new” licenses are issued. Therefore, obtaining a license is normally accomplished by purchasing an existing license. Basically, a license may be transferred from one owner to another, from one location to another within the same county, or both. A license must be current before it can be transferred.

Application for the transfer of a retail license, including clubs, from one municipality to another municipality within the same county is permitted. However, the receiving municipality must not prohibit, by local option election, the issuance of the type of license being transferred.

When an inter-municipal transfer is to a municipality whose municipal quota of licenses has been exceeded, approval by the governing body of the receiving municipality must be obtained, and must be rendered by ordinance or resolution. The municipality’s approval ordinance or resolution must be submitted with the application for transfer of the license. The municipal approval process must include at least one public hearing by the municipal governing body for the purpose of receiving comments and recommendations of interested individuals residing within the municipality concerning the applicant’s intent to acquire an inter-municipal transfer from the PLCB.

To determine if municipal approval is required, contact the PLCB for quota information at 717-787-5549. Once transferred, the license may not be transferred from the receiving municipality for five (5) years from the date it became active.

Both the seller and buyer must have tax clearance from the Commonwealth before the transfer can be approved. Verification of the buyer’s financial and personal background and business conduct, as well as consideration of the community’s interest, are included in the investigation by the PLCB field licensing analysts. This investigative process is intended to prevent persons of ill repute or elements of organized crime from obtaining an interest in the licensed liquor industry in Pennsylvania. This effort is essential in protecting the local community’s health and welfare. Whenever community issues are a concern, public hearings are held and appropriate testimony taken before a final license transfer decision is rendered by the PLCB.

License Types

Club (C) and Catering Club (CC) License

C and CC licensed establishments must operate for the good of the club membership. A club must be a group of individuals that operates on a non-profit basis for the mutual benefit, entertainment, fellowship or lawful convenience of its members. A club must have a constitution and by-laws, and conform its operations to its constitution and by-laws. The sale of alcoholic beverages must be secondary to the reason for the club’s existence. Incorporated clubs must exist for a minimum of one (1) year prior to applying for a liquor license. Unincorporated clubs must exist for a minimum of ten (10) years prior to a liquor license being granted.

The club must possess an original charter and must hold regular meetings open to its members, conduct legitimate business through elected officers, admit members by written application, investigation and ballot, charge and collect dues and maintain required records. A club is not an organization used to accommodate a private bar operation. Additionally, no individual is allowed to own a club.

CC licensees must operate as a club, but may allow groups of non-members in the establishment for catered events such as private meetings or functions, dances, card parties, banquets and the like.

Non-members may be sold alcoholic beverages by the catering club licensee if the non-member is present as part of the catered event; note that the club itself may not self-sponsor such a catered event.

Clubs are forbidden to sell alcoholic beverages for take-out purposes.

Operational Hours:

– Sales and giving/furnishing of alcohol may begin at 7:00 a.m.

– Sales and giving/furnishing of alcohol must cease at 3:00 a.m.

– All unfinished alcoholic beverages must be collected and all patrons must depart the premises by 3:30 a.m. Cs and CCs may be open seven (7) days a week.

Do Guidelines:

Clearly post suspension notices.
Check open liquor stock for contamination (such as evaporation, bugs and debris).
Maintain all club records in conformity with PLCB rules and regulations.
Maintain catering records and a valid Health License (catering clubs only).
Charge and collect dues from all club members in accordance with club by-laws.
Operate the club for the mutual benefit of the entire membership and hold regular meetings.
Constantly display your Liquor License / Small Games of Chance License in a conspicuous place under a transparent substance.
Clean coils at least once every seven (7) days and maintain coil cleaning records, with method of cleaning indicated, on the premises.
Adhere to all of the provisions of the club constitution and by-laws, including conducting business through regularly elected officers.
Notify the PLCB of change of officers, directors, managers, or stewards at the time of license renewal on forms provided by the PLCB.
File a notice of change of manager or steward at the time of validation and renewal.
Maintain club membership records, payroll records, financial records, all invoices and receipts, photocopies of charter (if incorporated), copy of by-laws, copy of club constitution and minute book on the licensed premises.
Obtain a County Small Games of Chance License if you have raffles, strip tickets, punchboards, 50/50 drawings, etc. Poker machine payoffs, and sports pools are unlawful even when you posses a Small Games of Chance License.

Don’t Guidelines:

Sell alcoholic beverages on credit.
Employ anyone under sixteen (16) years of age.
Supply false information on PLCB forms.
Purchase malt or brewed beverages on credit.
Purchase malt or brewed beverages by giving cash to the delivery driver.
Sell or furnish any alcoholic beverages after 3:00 a.m.
Permit illegal drug use or drug sales on the premises.
Interfere with an Enforcement Officer conducting an inspection.
Sell alcoholic beverages to a non-member (except if the licensee is a catering club licensee and the individual is present as part of a catered event).
Permit amplified sound to be heard outside the premises.
Permit any employee under eighteen (18) years of age to handle or serve alcohol.
Sell malt or brewed beverages or liquor “to go,” or give alcohol as a prize.
Admit new club members without a written application, investigation and vote.
Open for business without a current health license (catering club License only).
Cash payroll, Department of Public Assistance/Welfare, or unemployment checks.
Sell or furnish alcoholic beverages to individuals showing visible signs of intoxication.
Sell or furnish alcoholic beverages to individuals under twenty-one (21) years of age.
Advertise, hold or permit a contest or tournament on the premises except those permitted by PLCB regulations.
Permit any patrons to remain on the premises after 3:30 a.m., unless the licensee possesses an Extended Hours Food permit (EHF).
Pay patrons for amusement or video machine credits, or allow unlawful gambling such as sports pools (possible criminal action).
Permit minors on the premises, unless accompanied by a parent, legal guardian (not spouse), or under proper supervision of an adult over twenty-five (25) years of age.

Distributor (D) and Importing Distributor (ID) License

These licenses are held by beer distributors. Sales are for off-premises consumption only and these sales must be made in original containers of no less than a case as prepared by the manufacturer of twelve or more containers totaling two hundred sixty-four (264) fluid ounces or twenty-four (24) containers of at least seven (7) ounces. Single containers holding more than one hundred twenty-eight (128) ounces are acceptable. In most cases, single container sales involve kegs of beer or beer products.

Importing Distributors are often larger operations which maintain large amounts of beer products and usually sell only to other smaller D licensees and not to the public. Both D and ID licenses are limited in number by the Liquor Code’s quota restrictions.

Operational Hours:

– Distributors and Importing Distributors may sell or deliver malt or brewed beverages between 2:00 am on Monday to midnight of the following Saturday to licensees or permit holders.

– May sell or deliver to non-licensed persons between 8:00 am and 11:00 pm daily, except on Sunday.

– With the purchase of a Sunday sales permit, they may sell or deliver to non-licensed persons between noon and 5:00 pm. Without a Sunday sales permit, deliveries can be made only from 9:00 a.m. to noon to holders of special occasion permits (SOPs) and nonlicensees.

Eating Place (E) Retail Dispenser License

The primary purpose of the E licensed establishment is the regular preparation and service of food. The interior dimensions of the establishment must be no less than three hundred (300) square feet, equipped with at least thirty (30) chairs, or the equivalent seating, at tables for public use. E licensees may only sell beer or its variants; spirits and wine sales are forbidden. The licensee can sell up to one hundred ninety-two (192) fluid ounces of beer products, in original containers, for take-out purposes in a single sale to an individual. E licensees may not sell any single, open container of alcoholic beverage for consumption outside the establishment. E licenses are limited in number by the Liquor Code’s quota restrictions.

Operational Hours:

– Open for business and alcohol sales Monday – Saturday from 7:00 a.m. until 2:00 a.m. the following morning.

– No sales of alcoholic, malt or brewed beverages can take place after 2:00 a.m.

– All unfinished alcoholic beverages must be collected and all patrons must depart the premises by 2:30 a.m.

– All entertainment (i.e. live bands) must cease at 2:00 a.m. or before.

– Establishments with a Sunday Sales Permit may begin serving alcoholic beverages on Sundays at 11:00 a.m. and remain open until 2:30 a.m. Monday.

– Establishments without a Sunday Sales Permit may serve alcoholic beverages beginning at 1:00 p.m. on Super Bowl Sunday and December 31 if occurring on a Sunday. Service may begin at 7:00 a.m. on St. Patrick’s Day if occurring on a Sunday.

Hotel (H or L) License

A hotel licensee must operate the dining and alcohol service areas in the same manner as a restaurant or eating place licensee. In addition, the hotel licensed establishment, depending on population, must have twelve (12) to fifty (50) permanent bedrooms for public use, a separate dining room(s) for at least thirty (30) people and a separate kitchen. This type of licensed establishment can encompass anything from a recognizable hotel operation to a corner bar. Mandatory sleeping accommodations and a kitchen on the premises are the main differences between the restaurant and hotel licenses.

Hotels that were licensed before September 1, 1949, were allowed to apply for an exemption from the requirement to maintain sleeping rooms, but may not use former sleeping rooms for service of alcohol. Further, Act 34 of 2007 added two (2) additional groups of hotel licenses which do not need to meet the current room requirements set forth in the Liquor Code: hotel licenses granted prior to 1965 in municipalities having a population of less than ten thousand (10,000) persons in 2000, and hotel licenses granted prior to September 1, 1949, which lapsed not more than once, provided that a new hotel license was granted prior to 1971. Any “grandfathered” hotels falling into these categories are no longer required to maintain bedrooms for public accommodation, as long as those areas are not subsequently used as licensed serving areas. The former bedrooms can be used as licensed storage areas. However, such grandfathered hotels wishing to no longer maintain their bedrooms must file an application with the Board.

Operational Hours:

– Open for business and alcohol sales Monday – Saturday from 7:00 a.m. until 2:00 a.m. the following morning.

– No sales of alcoholic, malt or brewed beverages can take place after 2:00 a.m. All unfinished alcoholic beverages must be collected and all patrons must depart the premises by 2:30 a.m.

– All entertainment (i.e. live bands) must cease at 2:00 a.m. or before.

– Establishments with a Sunday Sales Permit may begin serving alcoholic beverages on Sundays at 11:00 a.m. and remain open until 2:30 a.m. Monday.

Restaurant (R) Liquor License

This is the most common retail license issued in Pennsylvania. The primary purpose of the R licensed establishment is to habitually and principally provide food service to the public. The service of distilled spirits, wine or beer products is secondary. The interior dimensions must be no less than four hundred (400) square feet, equipped with at least thirty (30) chairs, or the equivalent seating, at tables for public use.

Even though R licensees may serve spirits, wine and beer products, they may only sell beer products for off-premises consumption, and are limited to selling no more than one hundred ninety-two (192) fluid ounces in a single sale.

The R licensed establishment can encompass anything from an elegant, family dining operation to a small corner bar. The number of these licenses is restricted by the Liquor Code’s quota restrictions.

Operational Hours:

– Open for business & alcohol sales Monday – Saturday from 7:00 a.m. until 2:00 a.m. the following morning.

– No sales of alcoholic, malt or brewed beverages can take place after 2:00 a.m. All unfinished alcoholic beverages must be collected and all patrons must depart the premises by 2:30 a.m.

– All entertainment (i.e. live bands) must cease at 2:00 a.m. or before.

– Establishments with a Sunday Sales Permit may begin serving alcoholic beverages on Sundays at 11:00 a.m. and remain open until 2:30 a.m. Monday.

H, L, R, and E licensee Do Guidelines:

Clearly post suspension notices.
Notify the PLCB within fifteen (15) days of new officers or managers.
Check open liquor stock for contamination (such as evaporation, bugs and debris).
Have sufficient food available for patrons to purchase and consume.
Maintain sales records and purchase invoices on the licensed premises for two (2) years.
Constantly display your Liquor License in a conspicuous place under a transparent substance.
Maintain seating at tables, eating utensils and food to accommodate at least thirty (30) persons at one time.
Clean coils at least every seven (7) days and maintain coil cleaning records, with method of cleaning indicated, on the premises.

Don’t Guidelines:

Sell liquor to go.
Sell alcoholic beverages on credit.
Supply false information on PLCB forms.
Sell beer “to go” in excess of one hundred ninety-two (192) fluid ounces in a single sale to an individual.
Employ anyone under sixteen (16) years of age.
Open for business without a current Health License.
Sell or furnish any alcoholic beverages after 2:00 a.m.
Permit illegal drug use or drug sales on the premises.
Interfere with an BLCE Enforcement Officers conducting an inspection.
Purchase malt or brewed beverages, from distributors, on credit.
Purchase malt or brewed beverages by giving cash to the delivery driver.
Permit amplified sound to be heard outside the premises.
Cash payroll, Department of Public Assistance/Welfare, or unemployment checks.
Permit any employee under eighteen (18) years of age to handle or serve alcohol.
Give discounts or privileges to only male or female patrons (discrimination laws).
Sell or furnish alcoholic beverages to individuals who show visible signs of intoxication.
Have more than one (1) specific brand of drink special per day (which must cease at midnight).
Discount alcoholic beverages for “happy hour” more than two (2) consecutive hours in a business day or after midnight.
Advertise, hold or permit a contest or tournament on the premises except those permitted by PLCB Regulations.
Sell, furnish or permit individuals under twenty-one (21) years of age to purchase, possess or consume any alcoholic beverages.
Permit any patrons to remain on the premises after 2:30 a.m. unless you possess an Extended Hours Food permit (EHF).
Pay patrons for amusement or video machine credits, or allow unlawful gambling such as sports pools (possible criminal action).
Permit minors on the premises, unless accompanied by a parent, legal guardian (not spouse), or under proper supervision of an adult over twenty-five (25) years of age. Unaccompanied minors may be present on the licensed premises if over fifty percent (50%) of the premises’ annual sales is of food and non-alcoholic beverages. This is known as the “Pizza Hut Exception.”

Limited Wineries (LK)

A Limited Winery license may produce alcoholic ciders and wines in an amount not to exceed two hundred thousand (200,000) gallons per year. Limited wineries may sell and deliver their products directly to individuals, to the PLCB, hotel, restaurant, club, brewery and public service liquor licensees. Limited wineries may sell their cider and wine at their licensed premises and at up to five (5) “satellite locations,” with the approval of the PLCB. They also may sell wine accessories and liquor-scented candles. Limited wineries may sell their products for on or off-premises consumption at “Wine Expositions” if they obtain a special permit from the PLCB.

Pennsylvania Liquor Control Board, Office of Administrative Law Judge (OALJ)

There is an autonomous Office of Administrative Law Judge (OALJ). Administrative Law Judges preside over hearings concerning alleged violations of the Liquor Code and the Board’s Regulations resulting from citations issued by the BLCE. The OALJ provides licensees with the opportunity to have a fair and impartial hearing on citations. The Administrative Law Judges have the authority to fine and/ or suspend or revoke licenses and permits.

The Office of Administrative Law Judge publishes selected adjudications on the Internet in order to provide licensees with an understanding of the procedural and substantive issues involved in adjudications.

Pennsylvania State Police, Bureau of Liquor Control Enforcement

Enforcement of the Pennsylvania Liquor Code was transferred from the PLCB to the BLCE. The distinction between the PLCB (which licenses establishments) and the BLCE (which enforces the law and regulations) is often confused.

The BLCE’s mission is to maintain or improve the quality of life for the citizens of the Commonwealth through education and ensuring compliance with the provisions of the Liquor Code, the PLCB’s regulations and related statutes.

The PLCB is responsible for licensing, establishing regulations and issuing “legal interpretations” of the Liquor Code and Regulations.

The PLCB fully funds the operations of the BLCE from the profits the PLCB generates from the sale of wine and spirits.

District Office Locations

The BLCE consists of Bureau Headquarters, nine (9) District Enforcement Offices (DEOs) and the Compliance, Auditing and Gambling Enforcement (CAGE) Unit. (See Appendix G for district office listings). The BLCE is headed by a Pennsylvania State Police Major, who serves as Bureau Director, and consists of two (2) Divisions; the Administration Division and the Operations Division.

The Administration Division is headed by a Pennsylvania State Police Captain and consists of the Report Examination Unit and the Computer Systems Support Unit.

The Operations Division is headed by a Pennsylvania State Police Captain and consists of the CAGE Unit a the nine (9) District Enforcement Offices. The nine (9) District Enforcement Offices are divided into three (3) sections; the Eastern Section, Central Section and Western Section. Each section has a Section Commander overseeing operations of three (3) District Enforcement Offices. The District Enforcement Offices are comprised of a District Office Commander, Operations Unit Supervisors, Operations Unit Officers and clerical personnel.

Types of Enforcement

Border Patrols

This joint initiative with local State Police Troops involves the apprehension and prosecution of individuals who bring back alcoholic beverages to the Commonwealth from bordering states. Investigations are generally conducted through undercover surveillance of liquor and beer retail outlets in neighboring states.

Clean Indoor Air Act (CIAA)

The BLCE, along with other law-enforcement agencies, 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. The CIAA is administered by the Pennsylvania Department of Health (“DOH”). More information regarding the CIAA can be found at the DOH website http://www.dsf.health.state.pa.us/health/site/default.asp.

Gambling

The BLCE, along with other law-enforcement agencies, has the responsibility for investigating complaints of unlawful gambling activity in all establishments possessing a license issued by the PLCB.

Unlawful gambling is a provision of the Pennsylvania Crimes Code, and is therefore not within the jurisdiction of the PLCB. The following information is intended to provide general guidance only, and is not intended to be a complete legal analysis of the statutes and court decisions which pertain to gambling in Pennsylvania. You may wish to contact the local police, the Pennsylvania State Police, or the county District Attorney’s Office for an official opinion concerning whether a specific activity would be considered unlawful gambling.

Unlawful gambling consists of the following elements: (1) consideration or a fee or charge to play; (2) an element of chance; and (3) a prize or reward. Pennsylvania Liquor Control Bd. v. PPC Circus Bar, Inc., 96 Pa. Cmwlth. 115, 506 A.2d 521 (1986).

The PLCB answers commonly asked questions regarding these issues in Advisory Notice #14, which can be found at www.lcb.state.pa.us, by selecting For Licensees/Legal Issues/Advisory Notices.

Questions regarding unlawful gambling within an establishment licensed by the PLCB should be directed to the BLCE or the county district attorney.

Licensed Investigations

Investigations are conducted at licensed establishments for the purpose of identifying violations of the Liquor Code, the PLCB’s Regulations, the Crimes Code, or any other liquor-related law of the Commonwealth.

Routine (Open) Inspections

Inspections of licensed establishments are conducted to ensure compliance with physical and administrative requirements for holding a liquor license.

Minor Patrols

An assignment of more than one (1) Enforcement Officer within a District Enforcement Office to randomly inspect licensed establishments for the illegal sales of alcoholic beverages to minors. The program is optional and may be run at the discretion of the District Office Commander.

Nuisance Bars

Nuisance Bar Investigations

Licensed establishments may be investigated if they have a history of serious violations, such as drug activity, sales of alcohol to minors or visibly intoxicated patrons, or operating after hours, or if they are responsible for disorderly operations or amplified sound offenses. These investigations may result in objections by the PLCB to renewal of the establishment’s license. Further, a licensee’s operations that continually endanger the life and health of patrons and residents, offend the senses, violate the laws of decency, and obstruct the reasonable and comfortable use of property in its vicinity may result in an action in Common Pleas Court under section 611 of the Liquor Code. Under section 611, a judge may order that the premises be padlocked for a period of up to one (1) year.

Philadelphia District Attorney Nuisance Bar Task Force

This Task Force is comprised of several government and private agencies whose task is to examine complaints from citizens within Philadelphia County, regarding allegations of a licensee operating a bar, restaurant, club, delicatessen or beer distributor in such a manner that the licensee, licensee’s employees’ or patrons’ activities have an immediate and negative impact on the surrounding community or neighborhood. Those licensees identified as such will be investigated by the Task Force for nuisance activities with the intent to close the alleged offender under Nuisances, § 611 of Act 14 of 1987. Closure under this Act will cause the padlocking of the facility for up to one (1) year and possible forfeiture of the physical property and liquor license. Also, the licensee may be found liable for damages to the affected community and may be required to pay a monetary settlement to area residents. The BLCE is a member of this Task Force.

Unlicensed Investigations

Investigations of unlicensed establishments, commonly referred to as “speakeasies,” are investigations to determine if sales of liquor, alcohol, or malt or brewed beverages are occurring without a license being issued by the PLCB. After establishing probable cause of the illegal sale of alcoholic beverages, seizure and criminal proceedings may be initiated.

Unlawful sales of liquor, alcohol or malt or brewed beverages occur when a license is not issued by the PLCB and a monetary condition is requested in order to obtain liquor, alcohol or malt or brewed beverages.

Examples of unlawful sales are as follows: A ticket price that includes food, entertainment, and liquor, alcohol or malt or brewed beverages, or an event where an entrance fee (monetary payment) must be made in order to obtain liquor, alcohol or malt or brewed beverages.

A person who sells or offers to sell any liquor or malt or brewed beverage without being licensed is in violation of sales without a license (47 P.S. §§ 491.1, 492.2, 492.3) and shall, in addition to any other penalty prescribed by law, be sentenced to pay a fine of two dollars ($2.00) per fluid ounce for each container of malt or brewed beverages and four dollars ($4.00) per fluid ounce for each container of wine or liquor found on the premises where the sale was made or attempted. The amount of fine per container will be based upon the capacity of the container when full, whether or not it is full at the time of the sale or attempted sale. In addition, all malt or brewed beverages, wine and liquor found on the premises shall be confiscated. If a person fails to pay the full amount of the fine levied, the premises on which the malt or brewed beverages, wine or liquor was found shall be subject to a lien in the amount of the unpaid fine if the premises are owned by the person against whom the fine was levied or by any other person who had knowledge of the proscribed activity.

Worthless Checks

Investigations are conducted when checks written by a licensee for the purchase of liquor, alcohol, or malt or brewed beverages are returned by the financial institution due to non-sufficient funds or unavailable funds.

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