Section 13.71. Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

Agent—An individual employed by a licensed vendor, to promote the sale of liquor through State Liquor Stores. A person who is a licensee or the holder of a Malt or Brewed Beverage License, or an officer, director, agent or employee of either a licensee or such a licensee, or who is not at least 21 years of age, and of good character, is not eligible to be an agent of a vendor under this subchapter.

Licensed vendor—A licensee holding a Manufacturer or Importer License, or a vendor’s permit, and selling liquors to the Board.

Licensee—A natural person, partnership, association or corporation holding a Hotel, Restaurant, Club or Public Service Liquor License issued by the Board.

Luxury items—Stock merchandise which, based upon their short supply or high demand, have been designated as such by the Board. Sales of luxury items may be initiated at a State Liquor Store or by a vendor or its agent on behalf of a licensee or other person.

Miniature—A container containing less than 6 ounces of a liquor, as prepared for the market.

Other persons—Nonlicensee individuals, such as private citizens.

Special order listing—The formal filing with the Board, on its prescribed form, of information the Board requires as to brand, age, proof, type, blend, cost, and the like, of liquors to be sold through the Special Liquor Order Division. The listing does not become effective until approved by the Board or its authorized representative.

Stock merchandise—Liquors which are obtainable at a State Liquor Store, without placing a special liquor order.

Vendor’s permit—A permit issued to a nonresident vendor under section 208(j) of the Liquor Code (47 P. S. § 2-208(j)). An application for the permit shall be filed with the Board accompanied by proper fees in accordance with section 614-A of The Administrative Code of 1929 (71 P. S. § 240.14A). A permit will be issued for the calendar year only.

The provisions of this § 13.71 amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; amended December 17, 1999, effective December 18, 1999, 29 Pa.B. 6337; amended February 6, 2009, effective February 7, 2009, 39 Pa.B. 682. Immediately preceding text appears at serial pages (261759) to (261760).

Notation

Notes of Decisions

License

The special order form regulations require the signature of the actual purchaser, whether a licensee or an individual customer and for these purposes, a ‘‘licensed vendor’’ is not a ‘‘licensee.’’ Margolis Wines and Spirits, Inc. v. Liquor Control Board, 453 A.2d 43 (Pa. Cmwlth. 1982).