I’m sure many of us, while traveling this great nation, have noticed the convenience other states offer of allowing us to stop at a gas station convenience store for some beer on the way to whatever revelry we are destined towards. In Pennsylvania, however, picking up a six pack on the way has always been, well, a lot less convenient. However, legislation known as Act 39 of 2016 made the option of picking up a six pack of your favorite malt beverage at your local gas station a significantly easier proposition (some of you may remember the catchy phrase “free the six pack”). Under Act 39, the Pennsylvania Liquor Control Board, in their discretion, could approve the sale of alcohol for a dispenser of liquid fuels if the interior building was connected but contained a separate sales point for the sale of alcohol and the two sections operated independently. This usually means that the convenience store portion operates independently of the liquid fuel sale portion of the business. Even if approved, the Pennsylvania Liquor Control Board has traditionally imposed additional restrictions on the license holder in order to ensure safe compliance with these restrictions. Finally, the new license holder would still be subject to the restrictions under 47 P.S. Sections 4-404(a), 4-431(b), 4-432(d), and 4-468(a)(3).

Unfortunately, this hasn’t necessarily helped owners and operators of gas station convenience stores navigate the difficult terrain of acquiring, using and eventually selling malt beverages. Inevitably, when clients contact me about a liquor license for a gas station, they always ask if they can acquire a “take out” license.  While that would certainly be ideal, and this may be an option in other states, sadly, as of now, no such license exists under the Liquor Code here in the commonwealth of Pennsylvania. As such, it comes down to the attorney to explain the different applicable license types to the client.

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