Section 4-415 - Wine expanded permits(a)(1) The board shall issue a wine expanded permit to a person holding and possessing a valid restaurant liquor license or hotel liquor license.(2) Nothing in this section may affect the ability of an existing licensee to operate within the scope of its current license as authorized by this act, except that no sales of wine for off-premises consumption may take place by a wine expanded permit holder after eleven o'clock postmeridian of any day until the licensee's permitted hours of operation under section 406 of the next day, including Sundays if the licensee has a permit authorized under section 406(a) (3). (3) A wine expanded permit may not be issued to a license holder whose underlying license is subject to a pending objection by the director of the Bureau of Licensing or the board under section 470(a.1), until the matter is decided, so long as the underlying license is authorized to operate. Notwithstanding any other provision of law, a holder of a wine expanded permit may continue to operate under the permit if its underlying license is objected to by the director of the Bureau of Licensing or the board under section 470(a.1), until the matter is decided.(4) If the board has approved the operation of another business which has an inside passage or communication to or with the licensed premises, the sale and purchase of wine shall be confined strictly to the premises, in a specifically designated area covered by the license. The purchase of goods obtained from the unlicensed area of the premises shall be permitted in the licensed area.(5) For purposes of selling wine for off-premises consumption, a holder of a wine expanded permit is not subject to section 493(14).(6) A wine expanded permit holder shall comply with the responsible alcohol management provisions under section 471.1.(7) A wine expanded permit holder may store wine in a noncontiguous area that is not accessible to the public and is: (i) locked at all times when not being accessed by the licensees' employees;(ii) not accessible to employees under eighteen years of age; and(iii) identified by dimensions and locations on forms submitted to the board.(8) A wine expanded permit holder shall utilize a transaction scan device to verify the age of an individual who appears to be under thirty-five years of age before making a sale of wine. A wine expanded permit holder may not sell or share data from the use of a transaction scan device, provided that the licensee may use the data to show the enforcement bureau of the board that the licensee is in compliance with this act. As used in this paragraph, the term "transaction scan device" means a device capable of deciphering, in an electronically readable format, the information encoded on the magnetic strip or bar code of an identification card under section 495(a).(9) A sale of wine by a wine expanded permit holder shall be made through a register, which malt or brewed beverages and restaurant foods sales are made on the licensed premises, which is well designated with signage, which is staffed at all times when patrons are on the licensed premises. The actual sale shall be conducted by a sales clerk who is at least eighteen years of age and has been trained under section 471.1 and which utilizes a transaction scan device for the sale as set forth in paragraph (8). The sale of wine may not occur at a point of sale where the customer scans the customer's own purchases. Sales of wine must occur on the licensed premises.(10) If a wine expanded permit holder has an interior connection to another business that it operates, the wine expanded permit holder may use one or more of the registers in the other business to sell wine for off-premises consumption under the following conditions: (i) The building is eleven thousand (11,000) square feet or less;(ii) The registers are located in the same building as the licensed premises;(iii) The registers comply with the signage, staffing, training, carding, scanning and prohibition on the sharing of data provisions of paragraphs (8) and (9); and(iv) The board has been provided notice of compliance with this paragraph by the wine expanded permit holder, including square footage of the building and the location of the specific registers to be used prior to their use.(11) The registers used under paragraph (10) shall be deemed to be licensed areas but no formal application beyond notice to the board shall be required. The registers may be used by the other business.(b) The application and renewal fee for a wine expanded permit shall be as follows: (1) For a wine expanded permit issued to licensees, an initial application fee of two thousand dollars ($2,000).(2) An annual renewal fee equal to two per centum of the total cost of wine purchased from the board for off-premises consumption.(c) Notwithstanding the provisions of section 802, all fees paid to the board under this section shall be paid into the state treasury for deposit as follows:(1) All moneys shall be deposited in the state stores fund.(2) Every June 1, all moneys deposited under paragraph (1)shall be transferred to the general fund.(d) A wine expanded permit holder may sell for off-premises consumption, in a single transaction, up to three thousand (3,000) milliliters of wine.(e)(1) Wine expanded permit holders shall comply with the provisions of section 201(f), (k) and (o) of the Act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971," regarding the purchase of wine from a pennsylvania liquor store.(2) The sale of wine by a wine expanded permit holder for off-premises consumption shall be considered a "purchase at retail" under section 201(f) of the "Tax Reform Code of 1971," a "sale at retail" under section 201(k) of the "Tax Reform Code of 1971" or a "use" under section 201(o) of the "Tax Reform Code of 1971."(3) A wine expanded permit holder may, when filing its required returns under Article II of the Tax Reform Code of 1971, request a credit of any taxes paid in accordance with paragraph (1) for wine sold for off-premises consumption and for which taxes were remitted to the department under paragraph (2). The department may promulgate rules or regulations and prescribe forms as may be necessary to implement the provisions of this subsection.
(f) A wine expanded permit holder may not sell a wine product for off-premises consumption at a price less than the licensee's purchase price from the board of the wine product.(g) A wine expanded permit holder may not sell a private label product.Amended by P.L. TBD 2020 No. 29, § 2, eff. 8/4/2020.Amended by P.L. TBD 2016 No. 166, § 9, eff. 1/14/2017.Added by P.L. TBD 2016 No. 39, § 8.1, eff. 8/7/2016.