While the weather might not show any signs, summer is right around the corner and outdoor festivals abound.\u00a0 Many festivals and \u201cbeer gardens\u201d find it difficult navigating Pennsylvania\u2019s complex laws with regard to alcohol permits on a temporary basis.\u00a0 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.<\/p>\n
A Special Occasion Permit is the most flexible out of the permits, but only certain \u201celigible entities\u201d qualify for such permits.\u00a0 A 501(c)(3) alone does not qualify as an \u201celigible entity.\u201d \u00a0Eligible 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.\u00a0 Yes, that is our Pennsylvania Liquor Code.\u00a0 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.\u00a0 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.,<\/em> until 2:00 A.M.\u00a0 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.\u00a0 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.<\/em><\/p>\n 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<\/sup> of any year) to obtain up to 50 permits per year for off-premise service.\u00a0 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.\u00a0 There are many unique rules surrounding the service, such as, all servers must be RAMP trained, and there can be no off premise sales.\u00a0 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 \u201celigible entity.\u201d \u00a0Many of the \u201cbeer gardens\u201d popping up in urban areas are operated under these permits.\u00a0 Sometimes these permits run afoul with local municipalities\u2019 interpretations of zoning codes, and can create complex legal issues as a result.\u00a0 While catered functions are defined by the Pennsylvania Liquor Code as benefitting \u201can identifiable group of people,\u201d restauranteurs have turned to social media for guests to register on their sites to maintain technical compliance with the Liquor Code.\u00a0 These catering permits can be obtained by restaurant, hotel, brewery, public venue, and performing arts facility licensees.<\/p>\n The only other \u201ctemporary\u201d permit under the Liquor Code is to apply for and receive a temporary extension of your licensed premises.\u00a0 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.\u00a0 The premises that\u00a0is temporarily extended has to be contiguous to the licensed premises.\u00a0 For example, if a restaurant is partnering with a municipality and conducting a festival on grounds that\u00a0are 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\u00a0festival.\u00a0 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.<\/p>\n 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.\u00a0 Just keep in mind that the permitting process can take 45-60 days in advance of any event.<\/p>\n