Section 7.21. Inclusion of additional premises

(a) A licensee may not conduct a business permitted by his license on another premise or a portion of the same premise other than that for which the license was issued without the approval of the Board for the inclusion of the additional premises in the license.

(b) The Board may approve an extension of the licensed premises to include the following:

(1) The abutting and adjacent sidewalk.

(2) The immediate, abutting, adjacent and contiguous vacant land.

(c) A licensee requesting extension to include subsection (b)(1) or (2) shall obtain and file with his application for extension of premises written approval issued by the proper authorities of the municipality in which the license is issued, approving the operation of the licensed business on the sidewalk area.

(d) With reference to the extension of premises provided for in subsection (b)(1), a licensee to whom the approval is given by the Board, his servants, agents or employes, may not:

(1) Serve nor permit the service to a patron not seated at a table.

(2) Provide less than two tables for the service.

(3) Have a bar, service bar or a facility from or by which alcoholic beverages or food may be stored, served, sold or dispensed, or in or on which glasses, similar containers, cutlery or mixes of any type or kind may be stored or used in the sale, service or dispensing of alcoholic beverages or food.

(e) Extension applications filed under subsection (b) shall be accompanied by appropriate plans or surveys setting forth the metes and bounds, the names of abutting streets and a plotting of the principal licensed premises.

The provisions of this § 7.21 adopted June 26, 1952; amended through October 30, 1968; amended April 2, 1976, effective April 3, 1976, 6 Pa.B. 832; amended September 24, 1982, effective September 25, 1982, 12 Pa.B. 3404. Immediately preceding text appears at serial pages (72704) to (72705).

Notation

Notes of Decisions

Board decision that restaurant license did not permit sales through a drive-in window because such sales would constitute sale and delivery off the licensed premises was consistent with the regulation and underlying statutory scheme. Liquor Control Board v. Burrel Food, 508 A.2d 1308 (Pa. Cmwlth. 1986); appeal denied 520 A.2d 1386 (Pa. 1987).

The provisions of 47 P. S. § 4-404 are broad enough to include extensions of existing licenses, so that the Board’s actions in denying an extension pursuant to the provisions of section 4-404 rather than pursuant to this section governing extensions must be upheld in the absence of an abuse of the Board’s discretion. Ulana, Ltd. v. Liquor Control Board, 484 A.2d 859 (Pa. Cmwlth. 1984).

A hotel liquor license may be extended to include a second building approximately 900 feet away, across a covered bridge, when the second building would be used only for the entertainment of hotel guests, even though it would not contain any sleeping accommodations. Liquor Control Board v. Swiftwater Inn, Inc., 405 A.2d 583 (Pa. Cmwlth. 1979).

40 Pa. Code § 7.21 is an amendment adopted only for the special purposes of Bicentennial activity and promotion and application by a country club for a license outside Philadelphia after the end of the Bicentennial promotion is properly refused. Windber Country Club, In re, 2 Pa. D. & C.3d 444 (1977).

A license transfer would require the surrender of the license with regard to the original location as a prerequisite to utilizing the same license at a new location, but an extension would merely require a redefinition of the licensed premises. Latrobe Country Club v. Liquor Control Board, 375 A.2d 1360 (Pa. Cmwlth. 1977) (dissenting opinion).

Where a public road separated the licensed premises from the premises for which the license extension was sought, the Board did not abuse its discretion by denying the extension. Fabian v. Liquor Control Board, 66 Pa. D. & C.2d 526 (Pa. Com. Pl. 1974).