• Services
  • Attorneys
  • Media & Insights
  • Online Payment
  • Join Our Team
Results may vary depending on your particular facts and legal circumstances. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the selection methodology can be found here.
  • Services
  • Attorneys
  • Media & Insights
  • About Us
  • Delivering Value
  • Diversity & Inclusion
  • Meritas
  • Contact Us
  • Online Payment
    A
    Alternative Dispute ResolutionAntitrust & Trade RegulationAppellate Practice
    B
    Banking & Financial ServicesBankruptcy, Creditors’ Rights, and Financial RestructuringBeer LawBusiness Law
    C
    Cannabis LawConstruction LawCooperative and Condominium Law (Co-op & Condo)Criminal Defense
    E
    Economic Development LawElder Care & Special Needs LawElectronic Discovery ("E-Discovery")Environmental LawERISA & Employee BenefitsEstate Planning and Administration & Wealth PreservationExecutive Compensation and Employment Strategies
    F
    Food, Beverage & HospitalityFranchise Law
    H
    Health Care & Life SciencesHealth Care ProvidersHigher EducationHospitals and Health Networks
    I
    ImmigrationInsurance CoverageIntellectual PropertyIntellectual Property Litigation, Arbitration, and Dispute ResolutionIntellectual Property Portfolio Strategy, Management & LicensingInternational BusinessInternet Law
    L
    Labor & EmploymentLiquor Law, Licensing, Manufacturing, and DistributionLitigation
    M
    Media Law & Creative Economy PracticeMergers & AcquisitionsMunicipal Law
    N
    Non-Profit Law
    P
    Patent Preparation and ProsecutionPharmaceutical / Medical Devices / Pharma ServicesProducts and Consumer Liability DefenseProfessional LiabilityPublic Utilities
    R
    Real Estate, Finance, and Land Use
    S
    SecuritiesSolar Energy
    T
    TaxationTelecommunicationsTrademark & Copyright Protection & Enforcement
    V
    Venture Tech & Emerging Growth Companies
    W
    White Collar Investigations & DefenseWorkers’ Compensation
    • New Jersey
    • New York
    • Pennsylvania
    • Blogs
    • Articles
    • Podcasts
    • COVID-19 Resources

    Categories

    Alcohol Manufacturing Branding General Business In the News Labelling Legislative Licensing Litigation Regulatory Social Tariffs Uncategorized
    Blogs > Legal Liquor > Temporary Alcohol Permit Options in...
    Member
    Theodore J. Zeller III
    Visit Profile

    Temporary Alcohol Permit Options in Pennsylvania

    Temporary Alcohol Permit Options in Pennsylvania

    While the weather might not show any signs, summer is right around the corner and outdoor festivals abound.  Many festivals and “beer gardens” find it difficult navigating Pennsylvania’s complex laws with regard to alcohol permits on a temporary basis.  While limited wineries enjoy some temporary privileges that limited distilleries and Pennsylvania breweries do not, generally, most temporary permits are found in laws governing special occasion permits and new catering permits in Pennsylvania.

    A Special Occasion Permit is the most flexible out of the permits, but only certain “eligible entities” qualify for such permits.  A 501(c)(3) alone does not qualify as an “eligible entity.”  Eligible entities do include standard users like hospitals, churches and fire companies, to the more obscure like non-profits whose main purpose is to temporarily foster stray and unwanted animals.  Yes, that is our Pennsylvania Liquor Code.  These eligible entities may apply for and receive a Special Occasion Permit for up to six non-consecutive days a year or, in limited conditions, 10 consecutive days.  Special Occasion Permit holders may sell any type of alcohol for on- or off-premise consumption during the same hours as restaurant licenses, i.e., until 2:00 A.M.  Typically, you see non-profits employ vendors who engage in a concession relationship to provide food and alcoholic beverages at festivals or other fundraising events.  By far, if an entity qualifies for a Special Occasion Permit, the Special Occasion Permit provides the most flexibility to the user, albeit limited days per year.

    A Catering Permit is a new animal in the State and allows current restaurant and other permit holders (only if they apply by March 1st of any year) to obtain up to 50 permits per year for off-premise service.  These events are limited to five hours per day; however, restauranteurs with multiple restaurant liquor licenses can stack permits where one event ends and the next one begins, and get up to 10 or even 15 hours of service per day.  There are many unique rules surrounding the service, such as, all servers must be RAMP trained, and there can be no off premise sales.  All sales must end by midnight, and an applicant cannot sell tickets to an event unless it is contracted with a 501(c)(3) or other “eligible entity.”  Many of the “beer gardens” popping up in urban areas are operated under these permits.  Sometimes these permits run afoul with local municipalities’ interpretations of zoning codes, and can create complex legal issues as a result.  While catered functions are defined by the Pennsylvania Liquor Code as benefitting “an identifiable group of people,” restauranteurs have turned to social media for guests to register on their sites to maintain technical compliance with the Liquor Code.  These catering permits can be obtained by restaurant, hotel, brewery, public venue, and performing arts facility licensees.

    The only other “temporary” permit under the Liquor Code is to apply for and receive a temporary extension of your licensed premises.  This temporary extension can be for the entire summer and there is no real restriction under the Liquor Code as to the number of days you can obtain a temporary extension.  The premises that is temporarily extended has to be contiguous to the licensed premises.  For example, if a restaurant is partnering with a municipality and conducting a festival on grounds that are not owned or occupied by the licensee, the licensee has to obtain temporary leases and/or street closures on land contiguous to its license to conduct the festival.  Many temporary extensions are conducted on parking lots of the licensee and, since that displaces parking, municipalities usually permit such festivals on a limited-day basis.

    Whether it is Musikfest in Bethlehem, pop-up beer gardens in Philadelphia, or a tent attached to your favorite local restaurant, enjoy the benefits of temporary permits in Pennsylvania.  Just keep in mind that the permitting process can take 45-60 days in advance of any event.

    For additional information regarding this matter or for addressing any other liquor law matters, please contact Theodore J. Zeller III, Esquire at tzeller@nmmlaw.com or at our offices at 610-391-1800.

    Member
    Theodore J. Zeller III
    Visit Profile

    Related Posts

    Higher Prices in Pennsylvania and Liquor Law Reform in New Jersey Giving Pennsylvanians a Second Chance: Ethics Investigation Spurs PALCB Changes in Limited-Release Lotteries A Tip Sheet about Tips: What Employers Need to Know About the New Tipping Regulations in Pennsylvania

    Share

    Tags

    #alcohol permit #beer gardens #catering permits #liquor code #Musikfest #Pennsylvania #permits #special occasion permits #temporary permit

    Helpful links

    • About Us
    • News
    • Services
    • Blogs
    • Attorneys
    • Articles
    • (COVID-19)
    • Award Methodology
    • Events
    • Join Our Team
    Connect
    Online Payment

    Connect with Us

    • LinkedIn
    • Facebook
    • X
    • Instagram
    • Youtube

    Join our growing team

    We are looking for quality attorneys to help us do more for our clients. At Norris McLaughlin, each attorney has the same opportunity to succeed whether you’re at the beginning of a career or pinnacle of the profession.

    Learn More

    Subscribe to our content

    Receive timely legal information delivered to your inbox

    This field is for validation purposes and should be left unchanged.
    © , Norris McLaughlin, P.A., All Rights Reserved. Attorney Advertising.
    VIEW OUR DISCLAIMER,  TERMS OF USE,  AND PRIVACY POLICY

    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume you consent to our cookie policy. Learn more