Published December 17, 2007 06:54 pm - Brewery licenses are not counted toward a county’s liquor license quota, but applicants still have to follow a similar application process.
Brewery, liquor license applications differ
By Andrew Carranza
The Allied News
Brewery licenses are not counted toward a county’s liquor license quota, but applicants still have to follow a similar application process.
Applicants are required to submit an initial application to the Pennsylvania Liquor Control Board.
If accepted, brewery owners still have to pay licensing fees and maintain their restaurants, just as establishments that have liquor licenses must do.
However, there are some differences in obtaining a brewery license.
Since all 67 counties in Pennsylvania have already exceeded their quota limit, no new licenses can be issued by the LCB unless under special circumstances.
According to section 461 of LCB’s liquor code, “no additional restaurant, eating place retail dispenser or club licenses shall be issued within a county if the total number of restaurant and eating place retail dispenser licenses is greater than one license for each 3,000 inhabitants in the county.”
However, along with hotels, airport restaurants, off-track wagering restaurants and certain golf course facilities, breweries are among the establishments that may receive licenses beyond the quota of a county.
Restaurant owners applying for a brewery license through the LCB are not technically applying for a “liquor” license, since they brew their own beverages.
Breweries are also not counted toward the liquor license quota, since restaurants serve their own brewed beers.
“No liquor is allowed to be sold under the (brewery) license,” said Nick Hays, LCB press secretary.
However, breweries are allowed to “sell malt or brewed beverages produced and owned by the brewery on the licensed premises,” according to section 446 of the Liquor Code.
In addition, breweries also have the option to buy a brewpub license from the LCB.
“A brewery may have a brewpub license in conjunction with its brewery where it is permitted to sell its brewed beverages along with Pennsylvania wines purchased from either the winery or from a wine and spirits shop, provided the wine is consumed at the brewpub,” Hays said.
Breweries are also eligible to buy additional licenses, such as a hotel liquor license, a restaurant liquor license or a malt and brewed beverages retail license.
The advantage of buying an additional license would be the ability to sell beverages not produced on-site at the brewery.