LIQUOR CONTROL BOARD [ 40 PA. CODE CH. 3 ] Brewery Pub Location; Advanced Notice of Final-Omitted Rulemaking [41 Pa.B. 4104]
[Saturday, July 30, 2011]The Liquor Control Board (Board) intends to adopt a change to 40 Pa. Code § 3.92 (relating to brewery pubs) to allow a brewery pub to sell beer produced and owned by the brewery with which it is licensed, without regard to the location in this Commonwealth where the beer is produced.
Background
This regulatory change recognizes the growth and evolution of ''craft'' brewing of beer in this Commonwealth. As a result of the growth, certain breweries have reached the point where demand for their beer at their brewery pubs has outstripped their capacity to produce beer at the adjacent brewery. While the logical solution would be for the brewery to open another brewery to address the demand for beer at the brewery pub, the Board's regulations currently preclude the sale of beer produced at the second brewery by the original brewery pub because the second brewery would not be deemed adjacent to the original brewery pub. This regulatory change resolves this issue.
Affected Parties
The rulemaking will affect licensed breweries. As of the date of this submission, there are 83 active licensed breweries in this Commonwealth. Of these licensed breweries, 19 also have brewery pubs with active licenses. All potentially affected parties have been or will be given notice of this rulemaking, either by e-mail or United States Postal Service mail.
Fiscal Impact
The Board does not anticipate that this regulatory change will affect the costs or savings of the regulated community. If this change produces increased business opportunities, it should positively affect the revenues of the regulated community. The regulatory change is not expected to have a cost or savings impact on local or State government.
Public Comment
Interested persons are invited to submit written comments regarding this notice to the Liquor Control Board, Office of Chief Counsel, 401 Northwest Office Building, Attention: James F. Maher, Harrisburg, PA 17124. Comments received within 30 days will be reviewed and considered for any subsequent revision of the regulation.
Persons with a disability who require an auxiliary aid or service may submit comments using Pennsylvania AT&T Relay Service at (800) 654-5984 (TTY users) or (800) 654-5988 (voice users).
PATRICK J. STAPLETON, III,
Chairperson[Pa.B. Doc. No. 11-1274. Filed for public inspection July 29, 2011, 9:00 a.m.]
