Current through Register Vol. 54, No. 44, November 2, 2024
(a)
A limited winery shall maintain and keep on the licensed premises daily
permanent records that shall conform to the requirements of section 512 of the
Liquor Code (47 P.S. §
5-512). The
following apply:
(1) The records shall include
complete details concerning the source of any agricultural commodity, as that
term is defined in section 505.2(c) of the Liquor Code (47 P.S. §
5-505.2(c)), used in the
production of limited winery products.
(2) Electronic media recordkeeping,
maintained and based upon generally accepted accounting principles, may be kept
instead of hard copy records.
(3)
The recordkeeping system utilized by the limited winery shall have the
capability to provide for the reconciling of required data.
(4) Entries shall be verifiable by supporting
original documents.
(b)
In addition to the records prescribed in subsection (a), the limited winery
shall prepare a sales receipt at the licensed premises for each sale to a
private individual when the purchase is for greater than 16 liters in a single
transaction. The sales receipt shall include all of the following:
(1) The name and address of the limited
winery.
(2) The name and address of
the recipient of the winery products if the winery products are being delivered
off the licensed premises to the recipient.
(3) The winery products' name, the date of
sale, the size of the package in milliliters, number of units sold, the price
per unit of the winery products, the Commonwealth sales tax and any other taxes
applicable and the total amount paid by the customer.
(4) Items other than winery products that are
sold by the limited winery, which shall be listed on the receipt separately
from the winery products.
(c) Winery products that are delivered shall
be accompanied by two copies of a sales receipt that includes the information
identified in subsection (b)(1)-(4). The limited winery shall require the
person who is delivering the winery products to obtain the signature of the
recipient, 21 years of age or older, on one copy of the sales receipt.
(1) The person delivering the winery products
shall give an unsigned copy of the sales receipt to the recipient of the winery
products and the limited winery licensee, or a transporter-for-hire acting on
behalf of a limited winery licensee, shall retain the signed copy of the sales
receipt on the licensed premises for 2 years.
(2) Delivery shall be accomplished in
accordance with §
5.407 (relating to delivery of
products).
(d) A limited
winery shall file reports, in the manner set forth by the Board, covering
operations of their licensed business during the preceding calendar year. The
following apply:
(1) The reports shall be
signed and sworn to by the limited winery or his authorized agent and shall be
filed with the Board at the time of the renewal or validation of the license.
The following apply:
(i) A copy of each
report shall be retained on the licensed premises for at least 2 years from the
date of filing.
(ii) Failure to
file the reports will preclude the Board from renewing or validating the
license in question.
(2)
These reports are in addition to information or reports the limited winery may
be required to provide to the Department of Agriculture under 3 Pa.C.S. Chapter
45 (relating to Agricultural Commodities Marketing Act) and regulations
promulgated thereunder, including 7 Pa. Code §104.75 (relating to accounting and
payment), as well as any reports required under section 488.1 of the Liquor
Code (47 P.S. §
4-488.1).
This section cited in 40 Pa. Code §
5.407 (relating to delivery of
products).
