Current through Register Vol. 54, No. 44, November 2, 2024
(a) Except
as exempted in subsection (b), a person who transports liquor, malt or brewed
beverages or alcohol for hire within this commonwealth shall obtain a
Transporter-for-Hire License, Class A, a Transporter-for-Hire License, Class B
or a Transporter-for-Hire License, Class C, from the Board.
(b) Liquor, malt or brewed beverages or
alcohol, may be transported for hire without a Transporter-for-Hire License
under the following conditions:
(1) If the
alcohol in question is "denatured," as specified in the Liquor Code.
(2) If transportation is accomplished by
scheduled common air carriers of mail and passengers; or by common carriers by
railroad, subject to regulation by the Pennsylvania Public Utility Commission;
or by transporters-for-hire who transport liquor, malt or brewed beverages or
alcohol, under contract with, and as agents of, common carriers by railroad,
under railroad tariffs, railroad bills of lading, railroad regulations and
railroad responsibility and direction, provided the main transportation of the
liquor, malt or brewed beverages or alcohol, is by rail and the agents perform
only a collection and delivery service as part of the rail transportation, and
further provided that certified copies of the contracts of the agents are filed
with the Board.
(3) If the liquor,
malt or brewed beverages, or alcohol in question are for the personal use of,
and not for resale by, the transporter.
(4) If transportation is by licensees of the
Board whose licenses or permits authorize the transportation of liquor, malt or
brewed beverages or alcohol in the regular operation of their licensed
business.
(5) If transportation is
by persons who transport liquor, malt or brewed beverages or alcohol, through
this Commonwealth commercially and not for delivery therein:
(i) The operator of the vehicle shall have in
his possession at all times while in this Commonwealth, an invoice and a bill
of lading or waybill (showing the brand name, size and number of containers of
liquor, malt or brewed beverages or alcohol so transported), which shall be
produced for inspection upon the request of an authorized police or enforcement
officer of this Commonwealth.
(ii)
The cargo must remain intact and upon the same vehicle or conveyance while in
this Commonwealth, unless prevented by an accident or other similarly
uncontrollable circumstance.
The provisions of this §9.11 issued under sections 207(i)
and 505.2(2) and (3) of the Liquor Code (47 P. S.
§§
2-207(i) and
5-505.2(2) and
(3)).
This section cited in 40 Pa. Code §
5.407 (relating to delivery of
products).
