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Confused By PA distribution rules

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  • Confused By PA distribution rules

    Would be so grateful for any definitive answers here. We've called the PLCB, literally 3 times and gotten 3 different answers from attorneys. It's really frustrating. In Pennsylvania, if a brew pub holds an R and a G license (not a GP), can that brewery self-distribute their beer?

    Sounds like an easy question, right? Well, apparently it's not, because we've been told 3 different things. We've been told that if you have a manufacture license (G), you can self distribute, but if you hold a GP license, you cannot. We've also been told that if you hold a G license, but you also have a liquor license (R), you aren't able to sell to other businesses that hold an R license.

    The lawyer I just spoke with was wishy-washy and not sure about the whole thing, which frankly, kind of amazes me. I would think a lawyer at the PLCB would be able to answer this question. Anyone have any good information, or better yet, a link to something in writing that explains these distribution rules? I spent 2 hours combing through the legal advisory search on PLCB website, but couldn't find my exact question. Thanks!

  • #2
    I am also dealing with the PLCB, but not opening a pub. I can't answer you question but have found equal frustration in dealing with them. Two things I would recommend:

    - Send a letter stating your question as you tend to get a more official and thought-out response
    - If you simply cannot get a straight answer, contact your local house of rep person and ask them to assist. This is the only way we've been able to make any progress with them.

    Good luck
    Andrew

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    • #3
      I know for a fact you can self-distribute in PA up to a certain barrel amount(off the top of my head i can't remember what that number was but i want to say 80k barrels).

      Which license you need to have i can't tell you, but i have spoken to the gentlemen that run Naked Brewing and i know they self-distribute. I believe philadelphia brewing company also self-distributes.

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      • #4
        Distribution Rules

        I would check here first.....


        http://www.lcbapps.lcb.state.pa.us/w...vOpnSearch.asp

        After a quick search i found this......


        http://www.lcbapps.lcb.state.pa.us/w...n_sequence=403
        Cheers!
        -Alan

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        • #5
          From LCB Advisory Opinion No. 13-097 dated 3/07/2013

          Further, the holder of a brewery license may apply for and hold a hotel liquor license, a restaurant liquor license or a malt and brewed beverages retail license to sell for consumption at the restaurant or brewery pub on the licensed brewery premises, liquor, wine and malt or brewed beverages regardless of the place of manufacture, under the same conditions and regulations as any other hotel liquor license, restaurant liquor license or malt and brewed beverages retail license. [47 P.S. ยง 4-446(a)(4)]. However, the brewery must brew at least two hundred fifty (250) barrels per year. [Id.]. Additionally, the holder of a brewery license who receives a retail license to operate a brew pub shall not sell directly to any licensee(bars, restaurants). Rather, the sale must be through specific importing distributors who shall have first been given distributing rights for such products in designated geographical areas through the distribution system required for out-of-State manufacturers under section 431(b). [Id.]

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