Pa.L.C.B. Opinion Allows Brewery Storage Locations to Sell Wine and Spirits and More
With the passage of Act 166 of 2016, which went into effect Tuesday, and Act 39 of 2016, G license holders may now sell beer and cider produced by other Pennsylvania breweries, wine produced by Pennsylvania limited wineries, and spirits produced by Pennsylvania distilleries and limited distilleries. Although the new privileges are clear, Act 166 was unclear as to whether these privileges applied to a brewery’s storage location, licensed under a GS license.
We have received clarity on this issue via a Pa.L.C.B. legal opinion that we requested on behalf of the Brewers of Pennsylvania, a trade organization of malt or brewed beverage manufacturers. In the opinion, the Pa.L.C.B. states that a G licensee may obtain two storage licenses (GS licenses) “to cover additional storage facilities that are separate from the manufacturing facility. The additional facilities may be used for sales, distribution, receipt and storage in the same manner as it can at its place of manufacture.” Therefore, the Pa.L.C.B. determined that, because the new privileges apply to a G licensed premises, the same privileges apply to a GS licensed premises.
In short, as of January 17, 2017, you may sell beer and cider manufactured by other Pennsylvania breweries, wine produced by Pennsylvania limited wineries, and spirits produced by Pennsylvania distilleries and limited distilleries at your brewery, brew pub, and brewery’s storage locations. However, please be aware that these additional privileges are for on-premises sales only, and can constitute only 50% or less of your on-premises sales annually.
Additionally, the Pa.L.C.B. stated that a brewery can obtain a Sunday Sales Permit (with an annual fee of $100) for the GS locations, between the hours of 9 a.m. to 9 p.m. only. Although not stated in the legal opinion, we have determined that you can upload an Amusement Permit to the GS licensed premises as well.
For information regarding national and state liquor law matters or general manufacturing and distribution advice, please contact our Liquor Law, Licensing, Manufacturing, and Distribution Practice Group: Liquor Law Department Chair Theodore J. Zeller III, Esquire (email@example.com); David C. Berger, Esquire (firstname.lastname@example.org) for Pennsylvania and New Jersey retail and manufacturing licensing; or contact our offices at 610-391-1800.