PA Liquor Control Board May Allow Breweries to Serve Pints On-Premises

by / Tuesday, 28 October 2014 / Published in Blog

Harrisburg 2010 034We have become accustomed to the fact that the Pennsylvania Legislature is not likely to make any big changes to the Liquor Code anytime soon.  That does not mean, however, that change can’t come from somewhere else.  Despite its reputation as being archaic and overly-burdensome, every once in a while the Liquor Control Board (“LCB”) loosens up a bit, takes the bull by the horns, and shakes things up by using its administrative powers.  In the most recent case, the LCB has approved a change in its regulations that will allow a brewery to sell its beer for on-premises consumption, subject of course to a few restrictions.  Those restrictions include (1) the beer can only be sold/consumed on-premises between 10:00 a.m. and midnight; (2) the brewery can only sell malt or brewed beverages that are produced on its licensed premises; (3) the brewery must have at least ten seats for patrons to use while consuming; and (4) the brewery must make food available to each patron who is consuming alcohol.  As it stands, “food” can include potato chips, pretzels, or other, similar snack food.  Currently, a brewery can sell its beer in any quantity for off-premises consumption, but if it wants to serve customers on-premises, it must obtain a brewpub license or some other retail license.  Please remember that this is still PENDING – the law has not changed just yet.  We will keep you posted on any updates as they become available.  Here is a link to the Advisory Opinion discussing the regulation:  Advisory Opinion 14-564 .