In Pennsylvania, the Liquor Control Board ensures adherence to the Liquor Code of the state—meaning if you’re a business, you must understand the regulations around the sale of alcohol.
Liquor licensing in Pennsylvania remains limited; according to the Pennsylvania Liquor Control Board’s (PLCB) website “Generally, there may be only one license for every 3,000 inhabitants in any county.” With increases in populations, new businesses, and demand for liquor licenses, businesses should know the basics of their liquor license and what it means when they receive a non-renewal liquor licensing notice.
What Is A Liquor License?
In its simplest form, a liquor license allows a place of business (like a club, a hotel, a restaurant, and more) to sell alcohol and/or alcoholic beverages.
In Pennsylvania, different types of liquor licenses exist. For example, a Club and Catering Club Liquor License differs from the Distributor Liquor License based on the intent and action of the proprietor. Clubs and caterers, as well as hotels, eating establishments, and more, must sell alcohol as a secondary activity; the sale of alcohol isn’t permitted to be the main reason for business or function. Conversely, a Distributor Liquor License permits the sale of brewed and malt alcoholic beverages.
Within the state of Pennsylvania, eight types of liquor licenses exist:
- Club and Catering Club Liquor License
- Distributor Liquor License
- Hotel Liquor License
- Restaurant Liquor License
- Eating Place Liquor License
- Limited Winery License
- Limited Distillery License
- Brewery License
The experts at Dethlefs Pykosh & Murphy can help you navigate liquor license law, from handling citations to renewal and validation applications. Schedule a free consultation today.
Obtaining a Liquor and Alcohol License
Obtaining a liquor license in Pennsylvania isn’t as straightforward as a business owner might believe. You can only get a liquor license one of four ways in Pennsylvania: obtain a new license (as long as the quota allows), initiate a person-to-person transfer for use at the same location, obtain a place-to-place transfer with an existing license, or transfer an existing license from person to person and place to place.
The process of procuring a liquor license can become complicated quickly, especially when transferring between people, places, or both. When you’re attempting to obtain a liquor license in Pennsylvania, turn to the lawyers at Dethlefs Pykosh & Murphy who have 30 years of experience in helping business owners secure permits and adhere to compliance standards.
Understanding a Non-Renewal Liquor Licensing Notice
When your business receives a no-renewal liquor licensing notice, the most common reason is that you’ve failed to renew your liquor license in time and must take immediate action or stop selling liquor.
“Retail licenses [like restaurants and clubs] must be renewed every two years. In order to renew, a licensee must file a renewal application, pay a renewal fee, and obtain tax clearance from the Departments of Revenue and Labor & Industry,” informed Frank C. Sluzis, Dethlefs Pykosh & Murphy’s liquor licensing attorney.
In Pennsylvania, retail businesses with a liquor license must proactively renew their license—at the very least, two months in advance. Sluzis continued, “The renewal application must be submitted at least 60 days prior to the expiration date of the license—[after which the] PLCB Bureau of Licensing forwards the notice of renewal to the licensee.”
Failing to renew your liquor license in enough time invites consequences. If you continue to sell liquor, your business will be subject to fines and/or penalties from the PLCB.
Liquor License Renewal
While you can attempt to renew a liquor license by yourself, it’s smarter to have knowledgeable lawyers like the experts at Dethlefs Pykosh & Murphy walk you through the process. They keep track of compliance standards, important dates, and more so you can focus on your business’s operations without wading through paperwork.
For business owners who would like to renew their liquor license themselves, they must identify their district, obtain their packet for renewal when it becomes available for their district, fill out the paperwork without issue (while also providing documentation), and postmark it by a certain date (again, depending on their district).
When Can’t You Renew A Liquor License?
For some businesses, liquor license renewal isn’t an option. According to Sluzis, several different situations impact a business’s ability to apply for a liquor license renewal.
“[PLCB] will first send a preliminary letter to the licensee stating that it is in the process of doing an investigation to determine if the license should be renewed. If the Bureau determines that it should not be renewed, then an objection to renewal letter is sent. The objection letter must be sent at least 10 days prior to the license expiration date. If an objection letter is issued, a hearing will be scheduled on the renewal application,” he said. “Although the license at that point is not renewed, the licensee will receive “temporary authority” to operate pending the administrative process.”
Sluzis also provided other potential reasons a business may be denied a liquor license renewal:
- Non-compliance in the form of a failure to obtain tax clearance; failure to meet the physical requirements of the Liquor Code; or failure to secure a health permit.
- Nuisance Bar Issues occurring when the Licensee has violated any laws of PA or USA, Liquor Code, or Board Regulations.
- If the licensee has amassed one or more adjudicated citations.
- If the licensed premises no longer meet the requirements of the Liquor Code or Board Regulations due to the manner in which the licensed premises has operated over the past licensing period.
Your Liquor License Questions, Answered
Liquor licensing remains a complex, compliance-focused facet of business in Pennsylvania. If your business is served a non-renewal liquor licensing notice, you have a few options. Instead of attempting to navigate the system on your own, rely on the expertise of Dethlefs Pykosh & Murphy’s liquor licensing attorneys. For a free consultation, schedule online or give us a call to discuss your liquor licensing questions.
