40 Pa. Code § 9.33 - Importation by distilleries
(a) A
distillery holding a Manufacturer License may not import liquor from outside
this Commonwealth nor purchase liquor from a resident manufacturer unless the
distiller also holds an Importer License. When both licenses are held, liquor
may be imported or purchased from a Commonwealth manufacturer, in bulk, to be
used in the manufacture, rectification, blending and reduction in proof for
straight bottling. Liquors which have been rebottled, as well as rectified and
manufactured products, may be sold to the Board, exported to other states, or
sold to the holder of an Importer License within this Commonwealth. The
importation or purchase of liquor shall be for the sole use and benefit of the
holder of the Manufacturer License, and the liquor so imported or purchased may
not be resold in its original state.
(b) Commonwealth manufacturers holding
Importer Licenses may purchase liquor in bulk from other manufacturers in this
Commonwealth in accordance with the procedure in subsection (c).
(c) Bulk sales will be permitted only in
quantities of 50 gallons or more for each sale. Manufacturers desiring to
purchase liquor in bulk shall place their orders with the Purchasing Division
of the Board. An order shall include the following:
(1) The name and address of the
manufacturer.
(2) The name and
address of the person or firm to which the order is directed.
(3) A description of the liquor
desired.
(4) The manner in which
the liquor is to be packed, including the size and number of
containers.
(5) The manner in which
the liquor is to be shipped, including the name of the carrier. If the carrier
is a trucking company, it shall hold a valid transporter-for-hire license
issued by the Board.
(d)
Every order shall be accompanied by a remittance in the amount of $5.
(e) Upon approval by the Board of an order
from a manufacturer, the order will be forwarded to the person or firm to which
directed and the vendor will be notified to make shipment to the Board at the
destination given in the order. The Board will also furnish the purchaser with
a notice of release in duplicate, both copies of which shall be signed by the
purchaser and surrendered to the carrier upon delivery of the liquor. The
carrier shall then sign the original in the space provided and forward it to
the Board, retaining the other copy for his file.
(f) The Board will not be liable to a vendor
for the purchase price of liquor purchased in bulk or for transportation
charges or claims, in connection therewith.
Notes
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