This article was originally published in The Pennsylvania Observer / Pennsylvania Beverage Media in September 2024. A pdf version can be found here.
PROHIBITING BYOB
Q. I have a restaurant with a liquor license. I do not allow customers to bring their own wine bottles (BYOB) into the restaurant. A customer insisted that I legally must allow them to bring their own wine to my restaurant. I do not want to start the BYOB practice.
A. Licensees are not legally required to allow customers to bring their own alcohol to their restaurant. There is nothing in the Liquor Code or the Liquor Board’s regulations that would prohibit you from preventing customers from bringing their own alcohol to your restaurant. This is strictly a business decision. Licensees may establish their own policy or rules as to the BYOB practice, such as BYOB Wednesdays to promote business. What you may not legally do would be to apply your BYOB prohibition rule in a way that would result in unlawful discrimination. An example would be a rule that prohibits males from bringing in their own wine, while allowing women to do so at the same time.
HAPPY HOUR PRICE CHANGES
Q. I run a happy hour in my bar for two straight hours from 5 pm to 7 pm. For those two hours I never change the prices of the drinks. All drinks in the place are sold at a reduced price. I now want to lower the prices during the second hour to keep the customers in my place. Can I legally lower the prices?
A. No, licensees legally cannot change their drink prices at any time during a happy hour, which lasts for two consecutive hours. The regulations of the Liquor Board specifically prohibit licensees from changing their drink prices within the happy hour period. Once you set your price, you must stick with it.
STORAGE OF BEER KEGS IN UNLICENSED TRAILER
Q. Can I temporarily store alcoholic beverages in an unlicensed trailer connected to my beer distributorship business? My understanding is that since I will not be selling or serving from this area, I can store my beer kegs in the trailer.
A. Licensees may not store any alcoholic beverages on unlicensed areas connected to your licensed premises. The Liquor Code is specific that you may only store alcoholic beverages on PLCB-approved licensed areas of your premises. This applies to all licensees, including beer distributors. Licensees cannot store the beer in the trailer even on a temporary basis. The fact that no sales are being conducted is not relevant.
You should remove the beer immediately to avoid a citation being issued by the Pennsylvania State Police Bureau of Liquor Control Enforcement, should that agency do a check and discover the beer in the unlicensed trailer. You should also consult with an attorney and file an application with the PLCB for the extension of your distributor license to cover the unlicensed trailer storage area.
