While Act 39, most famous for giving Pennsylvania food retailers an avenue for wine sales, was a great step forward for the Commonwealth, there were still more than a few modernizations that were unaddressed. Which is why HB 1196, signed by the Governor in November, is a strong end on what has turned out to be a monumental year for food retailers and alcohol sales.
HB 1196 (now Act 166) accomplishes many legislative objectives that PFMA members have identified as major barriers for applying for a R license. Specifically:
• Ensures that holders of wine-expanded permits may submit for a credit on the sales tax they pay to the Pennsylvania Liquor Control Board (PLCB), instead of having to go through the process of applying for a refund.
• Allows retailers to staff the register when there are patrons in the licensed premises and not require it be staffed at all times.
• Prohibits the PLCB from requiring an exterior entrance to a licensed premise unless hours of operation for the unlicensed premises do not allow access through an interior connection.
• Provides that any officer, director or stockholder of a licensee shall not be prohibited from owning land or buildings which are leased to a holder of a retail dispenser’s license, a distillery license or a limited distillery license, and increases the ownership percentage for which possession of a financial interest is not deemed in a retail license from up to 5 percent to up to 10 percent.
While these all represent significant victories for PFMA, much work has yet to be done. Republicans continue to list privatization of the retail and wholesale liquor system among its top legislative priorities. PFMA will continue to work in 2017 towards a system that allows for the greatest retailer flexibility and profitability, and the optimal consumer choice.
HB 1196 (now Act 166) accomplishes many legislative objectives that PFMA members have identified as major barriers for applying for a R license. Specifically:
• Ensures that holders of wine-expanded permits may submit for a credit on the sales tax they pay to the Pennsylvania Liquor Control Board (PLCB), instead of having to go through the process of applying for a refund.
• Allows retailers to staff the register when there are patrons in the licensed premises and not require it be staffed at all times.
• Prohibits the PLCB from requiring an exterior entrance to a licensed premise unless hours of operation for the unlicensed premises do not allow access through an interior connection.
• Provides that any officer, director or stockholder of a licensee shall not be prohibited from owning land or buildings which are leased to a holder of a retail dispenser’s license, a distillery license or a limited distillery license, and increases the ownership percentage for which possession of a financial interest is not deemed in a retail license from up to 5 percent to up to 10 percent.
While these all represent significant victories for PFMA, much work has yet to be done. Republicans continue to list privatization of the retail and wholesale liquor system among its top legislative priorities. PFMA will continue to work in 2017 towards a system that allows for the greatest retailer flexibility and profitability, and the optimal consumer choice.
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