This article was originally published in The Pennsylvania Observer / Pennsylvania Beverage Media in July 2023. A pdf version can be found here.
Licensees must check their individual license requirements to see if their licensed premises meet all requirements for the license that was issued to them by the Pennsylvania Liquor Control Board (PLCB).
The PLCB has the legal authority, in addition to the PA State Police, to enforce licensees’ compliance with the basic requirements that apply to the type of license that a licensee holds. The PLCB does this through its License Compliance Program.
Each type of license, (restaurant, eating place, hotel, beer distributor), issued by the PLCB has specific legal requirements that must be complied with in order to qualify for the license to be initially issued to the license applicant. Examples of basic license requirements are square footage, seating, food, number of hotel rooms for guests, and a health license, in addition to other specific requirements depending on the type of license involved.
For example, a holder of a restaurant liquor license must have on its premises seating for 30 patrons, food on the premises to feed 30 patrons, utensils, dishes, table space to serve the food, and a valid, current health license or permit issued to the premises by the local municipal authority. Also, the licensed premises must consist of a minimum serving area of 400 square feet. The license holder has the responsibility to continue to comply with the requirements that apply to their specific type of license for as long as the licensee holds the PLCB license.
Upon the receipt of a complaint, the PLCB will have an analyst, along with a law enforcement officer, inspect a licensee’s premises for compliance with the particular type of license requirements. If the inspection reveals that the licensee has failed to comply with a requirement, for example, by having an insufficient serving area or insufficient seats for patrons, the failure will be considered a deficiency. If the licensee promptly corrects the deficiency, the PLCB analyst will note the correction.
If the deficiency cannot be corrected immediately, the licensee’s license will be suspended and a green suspension notice will be posted on the premises. All alcohol sales must then cease. Once the licensee corrects the deficiency a re-inspection is conducted and the suspension notice is lifted and the licensee can resume sales of alcoholic beverages. The re-inspection process can take time to complete however.
If the compliance requirement is not corrected within 15 days the license must be placed into safekeeping until corrected. Repeat offenses will result in extended suspensions; a second license deficiency will result in a minimum of a 20-day suspension.
A licensee can only appeal the PLCB’s suspension of a licensee’s operation privilege to the Commonwealth Court of Pennsylvania which must hold a hearing within 10 days. Obviously this will be a time consuming and expensive appeal.
The license requirements and the PLCB’s process can be found on the PLCB’s website under its License Compliance Program.
Licensees who fail to comply with a license requirement, for example, by not having a valid current health license, violate the Liquor Code and/or the PLCB regulations, and are subject to receiving a citation from the Pennsylvania State Police Bureau of Liquor Control Enforcement, in addition to the PLCB suspension of the license.
It is critical for all licensees to be aware of the specific requirements for the license that they hold and be in full compliance with those requirements. Failure to do so means they will be subject to enforcement action by both the PLCB and the PA State Police.
Licensees should consult with their attorney regarding their specific license requirements.
