This article was originally published in The Pennsylvania Observer / Pennsylvania Beverage Media in May 2023. A pdf version can be found here.
PLCB Wine Expanded Permits (WEP) are becoming increasingly prevalent. These permits authorize restaurant and hotel liquor licensees to sell wine by the bottle for off-premise consumption much like sales of beer to go. So, basically, licensees can have a wine store for the PLCB application fee of $2,000.
Licensees holding a WEP have a different compliance standard when it comes to checking the age of youthful looking patrons. Liquor licensees holding a WEP are required to use a transactional scanning device to check legally acceptable identification cards as proof of age of all patrons appearing to be under the age of 35 years who want to purchase wine to go. Patrons 21 years or older can legally purchase the wine, but WEP holders must still use the transactional device for all patrons appearing to be under 35 years of age without exception.
The wording of the statute restricts WEP licensees to accept as proof of age only those IDs that can be scanned using the transactional device, which would usually be state photo drivers’ licenses. WEP licensees cannot accept as proof of age for anyone who appears to be under 35 years of age any IDs that cannot be scanned, such as military IDs, passports, or visas.
The licensee holding a WEP and the licensee’s cashier handling the wine to-go sales must be RAMP certified. Therefore, the cashier should be aware of the type of ID cards that can be legally accepted. The transactional swipe machine must be at the designated cash register where the wine is purchased. No sales of wine to go may be conducted elsewhere on the licensed premises.
The WEP licensee will commit a violation of the Liquor Code when patrons appearing under 35 are not challenged to produce and scan their legally acceptable proof-of-age IDs, even though the patron is 21 years or older. Of course, the sale of any alcoholic beverages to an underage patron is a violation of the sales to minors provision of the Liquor Code.
Licensees should have a transaction scanning device, aka minor identification swipe machine, on their licensed premises anyway in order to guard against minors who attempt to fraudulently obtain alcoholic beverages with the use of fake identification cards. These fake ID cards can be easily obtained by minors via the internet and are difficult to distinguish from valid ID cards.
The Liquor Code has made a notable exception for WEP holders regarding the Liquor Code charge of permitting minors to frequent the licensed premises at the specific wine to go cash register. This charge does not apply to the WEP holder for the purposes of selling the wine to go. However the charge of permitting minors to frequent still applies to the other areas of the licensee’s premises.
Licensees should consult with their attorney regarding the specific requirements to hold a WEP.
