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§ 4-441. Distributors' and importing distributors' restrictions on sales, storage, etc.

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 47 P.S. LiquorEffective: August 8, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 47 P.S. Liquor (Refs & Annos)
Chapter 1. Liquor Code (Refs & Annos)
Article IV. Licenses and Regulations; Liquor, Alcohol and Malt and Brewed Beverages
(b) Malt and Brewed Beverages (Including Manufacturers)
Effective: August 8, 2016
47 P.S. § 4-441
§ 4-441. Distributors' and importing distributors' restrictions on sales, storage, etc.
Currentness
(a) No distributor or importing distributor shall purchase, receive or resell any malt or brewed beverages except:
(1) in the original containers as prepared for the market by the manufacturer at the place of manufacture;
(2) in the case of identical containers repackaged in the manner described by subsection (f); or
(3) as provided in section 431(b).1
(b) No distributor or importing distributor shall sell any malt or brewed beverages in quantities of less than a case or original containers containing one hundred twenty-eight ounces or more which may be sold separately: Provided, That no malt or brewed beverages sold or delivered shall be consumed upon the premises of the distributor or importing distributor, or in any place provided for such purpose by such distributor or importing distributor. Notwithstanding any other provision of this section or act, malt or brewed beverages which are part of a tasting conducted pursuant to the board's regulations may be consumed on licensed premises.
(c) No distributor or importing distributor shall maintain or operate any place where sales are made other than that for which the license is granted.
(d)(1) No distributor shall maintain any place for the storage of malt or brewed beverages except in the same municipality in which the licensed premises is located and unless the same has been approved by the board. In the event there is no place of cold storage in the same municipality, the board may approve a place of cold storage in the nearest municipality.
(2) No importing distributor shall maintain any place for the storage of malt or brewed beverages except in the franchise territory in which the licensed premises is located and unless the same has been approved by the board. The board shall issue no more than four storage facilities license to an importing distributor. The storage location shall be designated solely as a storage facility, from which only sales to other licensees are permitted. Retail sales may be made at the licensed location pursuant to subsection (c). If the importing distributor maintains a storage location for cold storage in the same municipality in which the importing distributor is licensed or a nearby municipality, the importing distributor may continue to maintain that cold storage location in addition to another storage location within their franchise territory.
(e) No distributor or importing distributor shall purchase, sell, resell, receive or deliver any malt or brewed beverages, except in strict compliance with the provisions of subsection (b) of section 431 of this act.
(f)(1) To salvage one or more salable cases from one or more damaged cases, cartons or packages of malt or brewed beverages, a distributor or importing distributor may repackage consequent to inadvertent damage and sell a case, carton or package of identical units of malt or brewed beverages.
(2) Repackaging is permissible only to the extent made necessary by inadvertent damage. Repackaging not consequent to damage is prohibited.
(3) The term “identical units” as used in this subsection means undamaged bottles or cans of identical brand, package and volume.
(g) All malt or brewed beverages purchased by an importing distributor from a Pennsylvania manufacturer of malt or brewed beverages or from any person located outside this Commonwealth for resale shall be invoiced to the importing distributor, shall come physically into the possession of such importing distributor and shall be unloaded into and distributed from the licensed premises of such importing distributor. The board may act to further define and control the storage and distribution of malt or brewed beverages in conformity with this section and this act.
(h) As used in this section, the term “franchise territory” shall mean the geographically contiguous area in which an importing distributor has been given rights for the sale or resale of malt or brewed beverages.
(i) Notwithstanding any other provision to the contrary, when making a sale of malt or brewed beverages to a private individual, no distributor or importing distributor may be required to collect the name, address or any other identifying information of the private individual for the purpose of keeping a record of the quantity of cases or volume of malt or brewed beverages purchased.

Credits

1951, April 12, P.L. 90, art. IV, § 441. Amended 1959, Oct. 23, P.L. 1360, § 2; 1965, Aug. 17, P.L. 346, § 3. Reenacted 1987, June 29, P.L. 32, No. 14, § 55, effective July 1, 1987. Amended 1996, Dec. 20, P.L. 1513, No. 196, § 4, effective in 60 days; 1996, May 31, P.L. 312, No. 49, § 11, imd. effective; 1998, June 18, P.L. 664, No. 86, § 7, effective in 60 days; 2002, Dec. 9, P.L. 1653, No. 212, § 14, imd. effective; 2011, June 28, P.L. 55, No. 11, § 5, effective in 60 days [Aug. 29, 2011]; 2011, Dec. 22, P.L. 530, No. 113, § 9, imd. effective; 2016, June 8, P.L. 273, No. 39, § 11.1, effective in 60 days [Aug. 8, 2016].

Footnotes

1
47 P.S. § 4-431.
47 P.S. § 4-441, PA ST 47 P.S. § 4-441
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document