Section 11.174. Provisional Sunday sales permit

(a) Sunday sales permits are personal and not subject to transfer. The Board may, upon receipt of the appropriate application and fee, grant and cause to be issued a provisional Sunday sales permit to a qualified licensee:

(1) To whom the Board has approved the issuance of a new license.

(2) To whom the Board has approved the transfer of an existing license.

(3) Whose primary license has been in safekeeping with the Board for a period of not less than 90 days.

(b) An application for a provisional Sunday sales permit shall be filed within 90 days of the grant of a new license, the transfer of an existing license or the release of a license from safekeeping, whichever applies. The provisional Sunday sales permit is valid for a period of 120 days from the date of issuance, exclusive of periods of safekeeping. After 90 days from the date of issuance, the licensee has the right to file an application for a Sunday sales permit under § 11.172 (relating to application for Sunday sales permit). The licensee will be required to pay an additional full fee in order to renew the provisional Sunday sales permit when the 120-day period extends into a new license year. If the licensee qualifies for a Sunday sales permit, the provisional Sunday sales permit fee submitted for the license year in question shall be applied in full. If the licensee fails to qualify for a Sunday sales permit, the fee submitted with the application for a provisional Sunday sales permit is forfeited.

The provisions of this § 11.174 adopted July 23, 1971, effective July 24, 1971, 1 Pa.B. 1561; amended October 28, 1977, effective October 29, 1977, 7 Pa.B. 3198; amended September 28, 1979, effective September 29, 1979, 9 Pa.B. 3320; amended August 22, 1986, effective October 1, 1986, 16 Pa.B. 3114; corrected September 5, 1986, effective October 1, 1986, 16 Pa.B. 3292. Immediately preceding text appears at serial pages (45498) to (45499).