Title 40--LIQUOR LIQUOR CONTROL BOARD [40 PA. CODE CHS. 11 AND 13] ID Cards; Sunday Sales; Advertising Displays [26 Pa.B. 5699] The Liquor Control Board (Board) deletes §§ 11.161--11.164 and amends §§ 11.171(b), 11.172(a)(4), 13.42 and 13.43 to read as set forth in Annex A.
Sections 11.161--11.164 are being deleted because section 495 of the Liquor Code (code) (47 P. S. § 495) provides for age identification cards.
The amendment to §§ 11.171(b) and 11.172(a)(4) (relating to statutory provisions; and application for Sunday sales permit) changes the 40% food and nonalcoholic beverage requirement for Sunday sales permits to 30% as set forth in sections 406 and 432(f) of the code (47 P. S. §§ 406 and 432(f)), as amended by Act 49 of 1996 (Act 49).
Sections 13.42 and 13.43 (relating to window and doorway display; and interior display) are amended to comply with section 493(20)(i) of the code (47 P. S. § 493(20)(i)), as amended by Act 49. These amendments will increase the maximum size of window and doorway brand advertising displays for licensees from 300 square inches to 600 square inches. The maximum cost of point of sale advertising has been increased to $70 per single piece of advertising and $140 total for any one brand.
Notice of proposed rulemaking is omitted under section 204(1) of the act of July 31, 1968 (CDL) (P. L. 769, No. 240) (45 P. S. § 1204(1)) since these regulatory amendments arise from the interpretation of a self-executing Act of Assembly, and further, are related to agency practice and procedure.
Fiscal Impact
These regulatory changes will impose no new costs upon licensees, the Board or the public.
Paperwork Requirements
These amendments will not impose additional paperwork requirements.
Statutory Authority
The authority for these amendments is section 207(i) of the code (47 P. S. § 2-207(i)).
Contact Person
Anyone requiring an explanation of these amendments or information related thereto, should contact Jerry Danyluk, Room 401, Northwest Office Building, Harrisburg, PA, 17124-0001.
Regulatory Review
Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), on October 10, 1996, the Board submitted a copy of these amendments with proposed rulemaking omitted to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Liquor Control and the Senate Committee on Law and Justice. On the same date, the amendments were submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506). In accordance with section 5(c) of the Regulatory Review Act, these amendments were deemed approved by the House Liquor Control Committee on October 30, 1996, approved by the Senate Law and Justice Committee on October 25, 1996, and approved by IRRC on November 7, 1996.
Findings
The Board finds that:
(1) The notice of proposed rulemaking is omitted under the authority of section 204(1) of the CDL since these regulatory amendments arise from the interpretation of a self-executing Act of Assembly, and further relate to Board practice and procedure.
(2) The amendment of the Board's regulations in this order is necessary and appropriate for the administration and enforcement of the authorizing statutes.
Order
The Board, acting under the enabling statute orders that:
(a) The regulations of the Board, 40 Pa. Code Chapters 11 and 13, are amended by deleting §§ 11.161--11.164 and by amending §§ 11.171, 11.172, 13.42 and 13.43 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of the Attorney General for approval as to form and legality as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) That this order shall take effect upon publication in the Pennsylvania Bulletin.
JOHN E. JONES, III,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 5766 (November 23, 1996).)
Fiscal Note: 54-48. No fiscal impact; (8) recommends adoption.
Annex A TITLE 40. LIQUOR PART I. LIQUOR CONTROL BOARD CHAPTER 11. PURCHASES AND SALES Subchapter H. (Reserved) §§ 11.161--11.164. (Reserved).
Subchapter I. SALE OF ALCOHOLIC BEVERAGES ON SUNDAY § 11.171. Statutory provisions.
(a) Under sections 406 and 492(5) of the Liquor Code (47 P. S. §§ 4-406 and 4-492(5)), the sale of liquor and malt or brewed beverages by a licensee who qualifies under the act is authorized on Sunday between the hours of 11 a.m. and 2 a.m. Monday.
(b) Section 406 of the Liquor Code provides that hotel and certain restaurant licensees whose sales of food and nonalcoholic beverages equal 30% or more of the combined sales of both food and alcoholic beverages may sell beverages under the conditions described in subsection (a) upon the purchase of a special annual permit from the Board.
(c) Section 492(5) of the Liquor Code provides that hotel and eating place retail dispenser licensees may sell beverages under the conditions described in subsection (a) upon the purchase of a special annual permit from the Board.
§ 11.172. Application for Sunday sales permit.
(a) A licensee who wishes to make Sunday sales of alcoholic beverages shall file an application in the form as may be prescribed by the Board for a Sunday sales permit. The application for a Sunday sales permit shall contain the following:
(1) The name and address of the licensee.
(2) The address of the licensed premises.
(3) The license number.
(4) A certification by a certified public accountant or public accountant that for a period of not less than 90-consecutive days during the 12 months immediately preceding the date of application, sales of food and nonalcoholic beverages by the applicant at the licensed premises were equal to or exceed 30% of the combined gross sale of both food and alcoholic beverages. The form of the certification shall be in a format as the Board may from time to time determine.
(b) The accuracy of the application shall be verified by affidavit of the applicant.
CHAPTER 13. PROMOTION Subchapter A. ADVERTISING § 13.42. Window and doorway display.
(a) A licensee may not install or permit to be installed any electrically operated signs or devices, lithographs, framed pictures, cardboard displays, statuettes, plaques, placards, streamers or similar items advertising brand names and intended for window and doorway display on the licensed premises until the licensee has submitted detailed information to the Board on Form PLCB-948, and obtained Board approval. The signs may not exceed 600 square inches in display area and shall carry a serial or model number permanently affixed to the display for identification purposes. A photograph or sketch of the display sign shall accompany the application form.
(b) When the approved sign is of maximum size, no background material may be used. When installing approved signs of smaller size, the combined area of the sign and background or decoration may not exceed the maximum area of 600 square inches.
(c) Brand name advertising matter may not be painted or affixed in a manner to the inside or outside of the glass in show windows or doorways of licensed establishments.
§ 13.43. Interior display.
(a) A licensee may not install or permit to be installed electrically operated signs or devices, lithographs, framed pictures, cardboard displays, statuettes, plaques, placards, streamers or similar items advertising brand names and intended for interior display on the licensed premises until he has submitted detailed information to the Board on forms provided by the Board, and obtained Board approval. A single piece of advertising may not exceed a cost of $70, and the signs shall carry a serial or model number permanently affixed to the display for identification purposes. A photograph or sketch of the display sign shall accompany the application form.
(b) When the approved sign, as described in subsection (a), is of maximum value no background material may be used in conjunction with the installation. When the approved display piece is of less than the maximum value, the combined cost of the piece of advertising and background or decoration may not exceed $70.
(c) Under the Liquor Code, the total cost of the point-of-sale advertising matter relating to any one brand may not exceed the sum of $140.
(d) Signs or displays intended for use interchangeable in a window, doorway or in the interior shall meet the requirements for both maximum area, as provided in § 13.42 (relating to window and doorway display), and maximum value.
[Pa.B. Doc. No. 96-1960. Filed for public inspection November 22, 1996, 9:00 a.m.]
