Section 7.3. Transfers of location

(a) Retail liquor or retail dispenser licenses. If a retail liquor or retail dispenser licensee moves his place of business from one address to another, the new establishment must be ready for operation before the license transfer will be approved. Liquor or malt or brewed beverages may not be sold or served at the new establishment until formal approval of the transfer is given by the Board.

(b) Other transferable licenses. When other licenses transferable under the law are involved, and the licensee desires to move his place of business from one address to another, proper application for transfer of license shall be made, and approval of the Board obtained, before the business is operated at the new address.

(c) Effect of failure to achieve full compliance. If a request for the transfer of a license has received prior approval by the Board, and thereafter, a licensee is unable to achieve full compliance based on the plans submitted under prior approval, a hearing may be held.

(1) The hearing will take evidence to determine whether full compliance with the licensee’s plans was impossible for reasons outside the licensee’s control.

(2) If it was, an application for transfer to another location will be considered by the Board.

(d) If a prior approval for transfer was originally granted for transfer to a different municipality, the 5-year moratorium on a transfer from the municipality to which the transfer was effected is measured from the date the license becomes operational. See section 461(a) of the Liquor Code (47 P. S. § 4-461(a)).

The provisions of this § 7.3 adopted June 26, 1952; amended through October 30, 1968; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial page (274496).