June 22nd, 2009 Joe Sixpack
Before you go off complaining about the damn Pennsylvania Supreme Court and its ruling last week against sixpack sales in convenience stores, realize that what was required to enable those sales in this case was an activist court.
Quick recap: Sheetz, kind of the Wawa of western Pa., sought a retail license - the type that’s available to delicatessens (the Foodery) or even supermarkets (Wegman’s), as long as they maintain a separate seating area inside the store where customers can consume the beer. Sheetz had made no such provision, and wanted to sell beer for takeout only.
I know, stupid rule - the whole idea of sixpacks is they’re handy for taking home. The PLCB must’ve been on the same page, because it granted the license.
The state’s beer distributor association appealed the decision and won in Commonwealth Court. Sheetz was joined by the PLCB in the appeal to the state Supreme Court.
The high court rightly rejected the licensing because the PLCB clearly ignored the explicit intent of the law.* Namely, that there are two basic licenses:
- R-retail. Permits consumption of beer on premises and sixpack sales to go.
- D-distributor. No requirement to maintain seating on premises, but must sell beer by the case.
Sheetz, the court noted, wanted it both ways: sales of sixpacks without the obligation to maintain a separate seating area. Allowing an R licensee that right would be patently unfair to those who paid substantial fees for their D license, the court said.
Yes, the wording of the rule is a bit dodgy (see below), and the dissent rightly pointed out that the R licensees have to purchase their beer from D licensees, so what’s the big deal? But the majority opinion noted (and this is hugely important to any discussion about state liquor laws) that “the purpose of the Code is to restrain the sale of alcohol and to protect the public welfare, health, peace, and morals of the citizens of Pennsylvania.” So, on any close calls, beer lovers are going to be on the losing side.
Outdated concept of beer? Hell, yeah. But the court stated that “…it is not our role to sanction such a momentous transformation.” In other words, if you supported sixpacks in this case, you need an activist bench.
Here’s the majority opinion.
And here’s the sole dissenting opinion (Eakin).
*Here’s the exact language, my emphasis:
“Retail dispenser” shall mean any person licensed to engage in the retail sale of malt or brewed beverages for consumption on the premises of such licensee, with the privilege of selling malt or brewed beverages in quantities not in excess of one hundred ninety-two fluid ounces in a single sale to one person, to be carried from the premises by the purchaser thereof.
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February 11th, 2009 Joe Sixpack
Bring your own water.
That is, if you plan on stopping in at the VIP Tap Room in downtown Bethlehem. Here’s the text of a legal opinion from the Pa. Liquor Control Board, following an inquiry from a representative of the bar:
ISSUE: This is in response to your e-mail dated February 5, 2009, in which you inquire as to whether or not you may charge for the service of water provided to patrons of your establishment.
OPINION: There is nothing in the Liquor Code or the Board’s Regulations prohibiting a licensed establishment from charging a fee to serve water. Therefore, it would not violate liquor laws to charge a fee for water at your licensed establishment.
It would, however, violate every tenet of common decency.
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January 2nd, 2009 Joe Sixpack
If you ever wonder whether something is legal under the Pennsylvania Liquor Code, you can easily fire off an email to the staff attorney, and she’ll get back to you in a couple of weeks with an advisory opinion. For educational purposes, the opinions are posted here.
Most of the opinions have something to do with the distribution of alcohol - fairly dry stuff. And then there’s this one posted last spring, spurred by a question sent in by someone identified only as “Nicole”:
RE: “Coyote Ugly” Practices
ISSUE: This correspondence is in response to your e-mail, dated April 1, 2008, in which you state that the bar at which you are employed would like to have “a coyote ugly thing” on Friday nights. You ask what you can and cannot do in this regard. More specifically, you ask if you can dance on top of the bar and pour shots into patrons’ mouths.
OPINION: Since you do not explain the meaning of “a coyote ugly thing,” this office cannot provide you with information pertaining to that type of activity. However, with regard to dancing on the bar, please be advised that section 493(10) of the Liquor Code [47 P.S. § 4-493(10)] prohibits liquor licensees from permitting any lewd, immoral, or improper entertainment in a licensed premises or in any place operated in connection therewith. [See also 40 Pa. Code § 5.32(b)]…
With regard to pouring shots into patrons’ mouths, please be advised that the Liquor Code prohibits any person from providing any alcohol to a visibly intoxicated person. [47 P.S. § 4-493(1)]. Please also be advised that the Board’s Regulations prohibit allowing for an unlimited amount of alcohol for a set price and restrict discount pricing practices of alcoholic beverages. [40 Pa. Code § 13.102]. A retail liquor licensee is permitted to give one (1) free alcoholic beverage to adult patrons on its premises, provided the giving of the alcoholic beverage is not contingent upon the purchase of any other alcoholic beverage and is limited to one (1) standard-sized alcoholic beverage per patron in any offering. [40 Pa. Code § 13.53]. A standard-sized alcoholic beverage is twelve (12) fluid ounces of a malt or brewed beverage, four (4) fluid ounces of wine (including fortified wine), and one-and-one-half (1½) fluid ounces of liquor. [Id.].
So, if I’m reading this right, the behavior illustrated below is basically legal in Pennsylvania, assuming:
- That’s exactly 1.5 fluid oz. of Jack going down the dude’s gullet.
- The babe’s tramp stamp doesn’t say, “Lick Here.”
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