On Aug. 8, the first major overhaul of the commonwealth’s Liquor Code since the end of Prohibition went into effect. Act 39 of 2016 (and its companion Act 85 of 2016) represent a modernization of many aspects of the preexisting Liquor Code. The new law brings the promise of more convenience and choice to Pennsylvania’s alcohol consumers as well as many new business opportunities both inside and outside the commonwealth.
Expanding the Availability of Alcohol Outlets
Of particular interest to Pennsylvania residents and those doing business in the commonwealth is the act’s focus on expanding the location and availability of alcohol beyond traditional licensees. For example, the act codifies the Pennsylvania Liquor Control Board’s (PLCB) recent (challenged) interpretation that, while the PLCB cannot license a location where gas is sold, it is permissible to authorize interior connections between a lawfully authorized premises and an area where gas is sold, (47 P.S. Sections 4-404(a), 4-431(b), 4-432(d), 4-468(a)(3)). In short, gas stations may now sell alcohol with certain restrictions.
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