Section 13.79. Special orders and luxury item orders: restrictions

(a) Licensed vendors and their agents shall place special orders for liquor at State Liquor Stores.

(b) Except by special permission of the Board, special order merchandise may not be delivered to a State Liquor Store until the licensed vendor has received from the Board a formal purchase order calling for the delivery of the liquor. Each case of liquor so delivered shall have clearly marked thereon, in addition to the information required by Federal or State regulations, the purchase order number, the store order number, the brand and size, the code number as called for in the purchase order, and other information the Board may prescribe.

(c) Liquor sold to licensees will be released only at the State Liquor Store, to the licensee or the licensee’s agent as named on the Wholesale Purchase Permit Card of the licensee.

(d) Special orders placed by a licensed vendor or the vendor’s agent for a retail customer may be released by the State Liquor Store.

(e) Licensed vendors and their agents shall place luxury item orders for liquor at State Liquor Stores.

(f) Except by special permission of the Board, luxury item order merchandise may not be delivered to a State Liquor Store until the licensed vendor has received from the Board a formal purchase order calling for the delivery of the liquor. Each case of liquor so delivered shall have clearly marked thereon, in addition to the information required by Federal or State regulations, the purchase order number, the store order number, the brand and size, the code number as called for in the purchase order, and other information the Board may prescribe.

(g) Liquor sold to licensees will be released only at the State Liquor Store, to the licensee or the licensee’s agent as named on the Wholesale Purchase Permit Card of the licensee.

(h) Luxury item orders placed by a retail customer, a licensed vendor or the vendor’s agent for a retail customer, may be released by the State Liquor Store.

The provisions of this § 13.79 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 (261763) to (261764).

Notation

Notes of Decisions

Violation

A licensed vendor violates the order book procedures prescribed by 40 Pa. Code § 13.79(a) when it lists its agent as the retail customer. For this purpose, a ‘‘licensed vendor’’ is not a ‘‘licensee.’’ Margolis Wines and Spirits, Inc. v. Liquor Control Board, 453 A.2d 43 (Pa. Cmwlth. 1982).