Section 11.33. Purchase of alcohol by AN and AE permittees

(a) AN and AE permittees may purchase their alcohol requirements from State Liquor Stores.

(b) AN and AE permittees may also purchase alcohol from distillery licensees who manufacture alcohol, if the distilleries are designated in their application. Upon approval of the application, the Board will notify the distillers that deliveries of alcohol may be made direct to the permittee during the calendar year. The names of the distillers may be added to or deleted from the application at any time during the term for which the purchase permit is effective, and alcohol may be shipped direct to the purchase permittee upon notice by the Board of specific approval for each addition or deletion.

(c) Alcohol may be purchased in bulk by AN or AE permittees from distillers located outside this Commonwealth through the Board, subject to the following:

(1) AN and AE Permittees desiring to purchase alcohol in bulk shall submit their order for the purchases, in duplicate, to the Board on forms provided by the Board, obtainable from the Purchasing Division of the Board. Bulk purchases of 190 proof alcohol by AN permittees will be allowed only in quantities of 25 wine gallons or more and in containers of at least 5-gallon capacity. AE permittees may purchase alcohol in bulk, without restrictions as to size of containers or quantity purchased. Immediately upon receipt from a permittee of a bulk purchase order for alcohol, the Board will, if approved, note thereon its approval and send it to the designated distiller, notifying the distiller to make shipment to the Board at the destination indicated in the order.

(2) The Board will furnish the permittee with a notice of release, in duplicate, both copies of which shall be signed by the permittee and surrendered to the carrier upon delivery of the shipment. The carrier shall then forward one copy of the notice to the Board.

(3) The Board will not be liable to a distiller for the purchase price of alcohol purchased in bulk by a permittee, but will allow the payment of the purchase price by the permittee directly to the distiller upon the terms agreed between them.

The provisions of this § 11.33 adopted June 26, 1952; amended through November 4, 1963; amended July 8, 1977, effective July 9, 1977, 7 Pa.B. 1890; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial pages (234113) to (234114).

Notation

Cross References

This section cited in 40 Pa. Code § 11.21 (relating to classification, fees and requirements).