Pennsylvania Code
Title 40 - LIQUOR
Part I - LIQUOR CONTROL BOARD
Chapter 13 - PROMOTION
Subchapter A - ADVERTISING
WINE
Section 13.27 - Board participation in wine events

Universal Citation: 40 PA Code ยง 13.27

Current through Register Vol. 54, No. 44, November 2, 2024

(a) Section 215(e) of the Liquor Code (47 P. S. § 2-215(e)) authorizes the Board to sponsor or participate in wine events. A "wine event" is a show, demonstration, exposition or festival that has a purpose of educating consumers about wine that is available in this Commonwealth.

(b) Persons seeking Board sponsorship or participation in a wine event shall submit a request in writing to the Board at least 60 days prior to the first day of the wine event.

(c) If the Board decides to sponsor or participate in the wine event, it will issue a letter of authority to the event organizer. The Board's letter will describe the premises upon which the wine event will be held.

(d) If the Board decides not to sponsor or participate in the wine event, the Board's decision is final, and may not be appealed.

(e) Wine to be used in a wine event that the Board sponsors or participates in may be acquired and possessed in accordance with the following:

(1) Wine donated for the wine event may be shipped directly to the wine event organizer or its agents.

(2) Records showing the amount, types and brands of all wine received, the identity of the donors and the dates received and documents evidencing payment of all necessary taxes shall be forwarded to the Board prior to the wine event.

(3) Wine obtained for the wine event that is not used at the wine event shall be returned to the donor, donated to a nonprofit, charitable organization registered with the Department of State or destroyed and may not be sold.

(4) Wine may also be obtained for the wine event through the Board's wine and spirits stores.

(f) The Board's letter of authority authorizes the wine event organizer or its agents to possess and transport wine for the wine event.

(g) Participation in the wine event, including the service and consumption of wine, may be conditioned on the purchase of a ticket to the wine event. The wine event organizer, its agents or the Board may sell tickets. Sale of tickets by the wine event organizer or its agents does not constitute the unlawful sale of alcohol.

(h) The wine event organizer shall appoint a manager who shall be present on the premises at all times during the wine event.

(i) The Board may sell wine for off-premises consumption in an area it designates at the wine event. The Board shall comply with the provisions of the Liquor Code governing retail sales at Wine and Spirits Stores, except that advance advertisement or notice posting by the Board of the location of the designated sales area is not required and provisions granting a right of protest will not be applicable.

(j) If the premises where the wine event is to occur is licensed by the Board, the licensee will not be cited under the Liquor Code for conduct occurring on the licensed premises during the wine event, so long as the licensee, its employees or agents are not directly involved in the violation and are not participating in the operation or management of the wine event.

The provisions of this §13.27 issued under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).

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