Arielle Cruz
Pennsylvania tightly regulates the selling and purchasing of wines and spirits. The Pennsylvania Liquor Control Board (PLCB) issues, renews and validates retail and wholesale alcohol licenses. The state controls the manufacturing, importation, sale, distribution, and disposition of liquor, alcohol, and malt of brewed beverages. To sell alcohol in the state of Pennsylvania, you need a license from the PCLB. Each county has a limited number of licenses, typically one for every 3,000 citizens, and there are several types of liquor licenses available.
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What You'll Learn
Getting a business license
To obtain a business license for an alcohol bar in Pennsylvania, you'll need to navigate various requirements and regulations. Here is a step-by-step guide to help you through the process:
Understand the Licensing Authority:
The Pennsylvania Liquor Control Board (PLCB) is responsible for regulating the sale of alcoholic beverages in the state. The PLCB consists of a three-member board appointed by the Governor and confirmed by the state Senate. They oversee the issuance, renewal, and validation of retail and wholesale alcohol licenses.
Determine the Type of Liquor License:
Pennsylvania offers several types of liquor licenses, including R licenses (for bars, taverns, and restaurants), E licenses (for delicatessens and corner stores), and C/CC licenses (for clubs). Each type has specific requirements and restrictions. R licenses, for example, require the establishment to primarily serve food and have a minimum seating capacity.
Apply for a Business License:
Before applying for a liquor license, you must obtain a business license from the Pennsylvania Department of State. This process can be initiated through the government website. The cost of a business license varies depending on the county, type, and scope of the business. Remember that you may need a separate business license for each location if your business operates in multiple jurisdictions.
Meet Zoning and Health Requirements:
Ensure that your bar business complies with zoning regulations for alcohol-selling establishments. Additionally, obtain the necessary health permits, such as a food facility health permit or a food service license (employee health permit), to ensure safe food handling practices.
Obtain a Seller's Permit:
In Pennsylvania, you need a seller's permit to apply for a liquor license. There is no fee for this permit, but you may need to provide a security deposit to cover potential unpaid taxes if the business closes.
Apply for the Liquor License:
After obtaining the necessary preliminary licenses and permits, you can apply for the liquor license through the PLCB. New licenses may be limited by a statutory quota, which is typically set at one license for every 3,000 citizens in a county. You will also need to post a public notice of your application on your business premises for 30 days and notify neighbors or publish a notice in the newspaper in some cases.
Additional Permits and Considerations:
Depending on your specific business model, you may require additional permits, such as an Extended Hours Food (EHF) Permit, Amusement Permit (AP), or a Special Events Permit if you plan to sell alcohol at off-site events. Remember that employee training is mandatory in Pennsylvania, and anyone serving alcohol must complete the RAMP server/seller training within the first six months of their hiring.
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Applying for a liquor license
Firstly, you will need to find the correct license for your business and the types of drinks you want to sell. There are two main types of licenses for the food service industry: an Eating Place (E) License, which allows for the sale of beer only, and a Restaurant (R) License, which allows for the sale of beer, wine, and spirits. Both licenses allow for the sale of up to 192 ounces of beer to-go per transaction. Restaurant (R) licensees can also obtain a Wine Expanded Permit to sell up to three liters of wine for off-premises consumption.
Once you have determined the type of license you need, you must gather the necessary documentation. Commonly required documents include proof of business ownership, lease or property ownership agreements, a detailed floor plan of the restaurant, health and safety permits, financial statements, and background checks for owners, partners, and key employees. You will then need to submit your application to your local ABC board or the relevant municipal department, which can often be done online. The cost of a liquor license varies depending on the type of license, the size of your restaurant, and your location. In some cities, the fees can reach several thousand dollars.
The PLCB issues new licenses, but due to a quota system, buying a brand-new license is rare. You may need to buy a license from someone selling or wait for a Restaurant License Auction, where you can bid on one. Once you have a license, you can apply for its transfer, which typically takes eight to twelve weeks. The transfer process is regulated by the PLCB and there are three types of transfers: person-to-person, place-to-place, and double transfers (a combination of the first two). An Intermunicipal Transfer is required if you purchase a license from a different municipality than the one you intend to operate in.
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Employee training
To obtain a liquor license and operate an alcohol bar in Pennsylvania, employees must undergo comprehensive training. This training is essential to ensure compliance with state regulations and promote responsible alcohol service. Here is an overview of the key components of employee training:
Understanding State Laws and Regulations
Employees should be well-versed in Pennsylvania's liquor laws and the specific regulations pertaining to the sale and service of alcohol. This includes knowledge of acceptable forms of identification to prevent sales to minors, understanding the signs of intoxication, and the legal responsibilities of the establishment and its staff.
Responsible Alcohol Service
Training should emphasize the importance of responsible alcohol service. Staff should learn techniques to refuse service to intoxicated patrons, recognize the effects of alcohol on individuals, and identify customers who may be underage. By promoting responsible service, employees can contribute to a safer environment for customers and help prevent alcohol-related incidents.
Checking Identification
All staff involved in the sale or service of alcohol should be trained in checking identification. They should know the acceptable forms of ID and be able to identify signs of tampering or fraud. Role-playing scenarios can be incorporated into the training to practice ID-checking procedures and refusal of service confidently and politely.
Recognizing and Handling Intoxicated Customers
Employees should be trained to recognize the signs of intoxication and learn effective strategies to intervene. This includes techniques for politely refusing service, offering alternatives, and de-escalating situations. Training should also cover procedures for handling intoxicated individuals, such as providing alternatives or assistance, and knowing when to involve management or security staff.
Alcohol Awareness and Education
Staff should receive education on the different types of alcohol, drink sizes, and their effects. This knowledge will enable them to provide accurate information to customers and make informed recommendations. Training should also address the dangers of over-serving and the potential consequences for the business and individuals.
Emergency Procedures
Employees should be trained on emergency protocols, including responding to medical emergencies or incidents involving alcohol. This includes recognizing alcohol poisoning, being aware of security procedures, and understanding how to handle potential disturbances or violent situations.
By providing comprehensive employee training, bar owners and managers can foster a culture of responsibility and compliance. Regular training updates reinforce key concepts to maintain a vigilant and informed staff, ensuring customer safety and mitigating legal and financial risks.
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Rules for minors
In the state of Pennsylvania, the general rule is that no one under the age of 21 is permitted in an establishment that sells alcoholic beverages. However, there are several exceptions to this rule:
- Minors with parents or legal guardians: A minor is allowed to sit in the bar area with their parents or legal guardians.
- Minors under proper supervision: Proper supervision is defined as being accompanied by an individual who is at least 25 years old and is directly responsible for their care. In Philadelphia, a supervisor can only supervise up to five minors, while in the rest of the state, they can supervise up to 20.
- Minors attending a social gathering: If the event is marketed or catered toward minors, they are allowed to be present. No alcohol can be served at these events, and the BLCE must be notified 48 hours in advance.
- Minors at food-oriented establishments: If the establishment derives 50% or more of its gross sales from food and non-alcoholic beverages, minors are permitted without supervision.
It is important to note that while the presence of minors in licensed establishments is regulated, the employment of minors is also addressed in Pennsylvania's liquor laws. Employees who serve or sell alcoholic beverages and check IDs must be 18 years of age or older and complete the RAMP server/seller training within the first six months of their hiring. This training assists licensees in identifying fake IDs, preventing the sale of alcohol to minors, and promoting responsible drinking.
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Special events permits
Special Occasion Permits are a type of temporary alcohol permit in Pennsylvania. They allow eligible entities to sell alcohol during fundraising events such as bazaars, picnics, etc. Only the area where alcohol sales will take place needs to be licensed under the permit. A Special Occasion Permit may be granted for up to nine consecutive or non-consecutive days and an additional 10 consecutive days during a calendar year. Eligible entities include hospitals, churches, fire companies, and non-profits whose main purpose is to temporarily foster stray and unwanted animals.
To obtain a Special Occasion Permit, an entity must submit an application at least 30 calendar days prior to the event if they have never been approved for a permit before, or at least 10 business days in advance if they have been granted a permit in the past. The application process can take 45-60 days, so it is important to plan ahead.
Special Occasion Permit holders may sell any type of alcohol for on- or off-premise consumption during the same hours as restaurant licenses, i.e., until 2:00 AM. It is important to note that no sales or service of alcohol can take place after 2:00 AM, and all unfinished alcohol must be collected and all patrons must depart the licensed premises by 2:30 AM.
In addition to Special Occasion Permits, there are other types of licenses and permits for alcohol sales in Pennsylvania, including retail and wholesale licenses, club licenses, and catering club licenses. The Pennsylvania Liquor Control Board (PLCB) is responsible for issuing, renewing, and validating these licenses and permits, as well as regulating the state's beverage alcohol industry and promoting social responsibility and alcohol education.
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Frequently asked questions
The types of liquor licenses available in PA include R liquor licenses, E licenses, distributor licenses, and D licenses. R liquor licenses are the most common type, permitting the sale of alcohol in establishments that regularly serve food. E licenses are for establishments that provide rooms for transient guests and serve food and alcohol. Distributor licenses are for large wholesale warehouses that sell beer products to distributors, and D licenses are for beer distributors that sell to the public.
The requirements for obtaining a liquor license in PA vary depending on the type of license and the specific regulations in each county. However, some general requirements include obtaining a business license, completing employee training such as RAMP server/seller training, and ensuring that the business is correctly zoned for selling alcohol. Additionally, there may be requirements related to the physical space, such as minimum square footage and the availability of food and seating.
To apply for a liquor license in PA, you must first obtain a seller's permit and post a public notice of application on your business premises for 30 days. You may also need to notify neighbors or post a notice in the newspaper. After this, you can apply for a liquor license through the Pennsylvania Liquor Control Board (PLCB). The PLCB issues, renews, and validates retail and wholesale alcohol licenses.
