40 Pa. Code § 1.1

Current through Register Vol. 54, No. 44, November 2, 2024

Section 1.1 - Definitions

The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:

Alcohol-Absolute alcohol, ethyl alcohol, cane spirits, Cuban spirits, grain spirits, fruit spirits, high wines and other spirits by whatever name or designation given.

Board-The Liquor Control Board of the Commonwealth.

Examiner-An individual learned in the law appointed by the Governor under the Liquor Code.

Liquor Code-The Liquor Code (47 P. S. §§ 1-101-10-1001).

Pecuniary interest-An interest that sounds in the attributes of proprietorship. There is a rebuttable presumption of a pecuniary interest when a person receives 10% or more of the proceeds of the licensed business or when control is exercised by one or more of the following:

(i) Employing a majority of the employees of the licensee.

(ii) Independently making day-to-day decisions about the operation of the business.

(iii) Having final authority to decide how the licensed business is conducted.

Retail licensee-A licensee that holds a hotel license, a restaurant liquor license, an eating place retail dispenser license, a club license or a catering club license.

40 Pa. Code § 1.1

The provisions of this §1.1 amended July 8, 1977, 7 Pa.B. 1890; amended March 5, 2010, effective 3/6/2010, 40 Pa.B. 1149; amended January 15, 2016, effective 1/16/2016, 46 Pa.B. 352.

The provisions of this §1.1 amended under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).