COVID-19 Update from the Pennsylvania Liquor Control Board
May 13, 2020
Publications
As Pennsylvanians are now all aware, Governor Wolf has indicated that he intends to use a phased approach in lifting his previously-issued emergency declaration designating counties as “red,” “yellow,” or “green” counties. Several Pennsylvania counties have now been moved by Governor Wolf from red to yellow. Officials in other counties have made public statements that they have designated themselves as yellow, despite the fact that the Governor continues to designate such counties as red. On May 13, 2020, the Pennsylvania Liquor Control Board (“PLCB”) issued a Revised and Updated Advisory Notice No. 26, advising all Pennsylvania licensees of the potential consequences should licensees prematurely open based upon local county officials’ decisions to no longer enforce restrictions based upon a red-county designation. In this Advisory Notice, the PLCB made clear that it will only recognize the Governor’s designation of a county, and expects all licensees to comply with the mandates of the Governor’s previously-issued emergency declaration. Should a licensee violate these mandates, it risks citation by the Pennsylvania State Police Bureau of Liquor Control Enforcement (“BLCE”), which has agreed to notify the PLCB if any citations are issued relative to this issue. The PLCB also stated that it may suspend a licensee’s operating authority under Section 462 of the Pennsylvania Liquor Code based on the circumstances. Finally, the PLCB warned that a licensee who continues to operate after its operating privileges have been suspended risk further enforcement action by the BLCE.
Should you have any questions, please don’t hesitate to contact the Food & Beverage Group.
Regular updates concerning COVID-19 are also posted on the McNees COVID-19 Resource Page.
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McNees Food & Beverage Client Alert is presented with the understanding that the publisher does not render specific legal, accounting or other professional service to the reader. Due to the rapidly changing nature of the law, information contained in this publication may become outdated. Anyone using this material must always research original sources of authority and update this information to ensure accuracy and applicability to specific legal matters. In no event will the authors, the reviewers or the publisher be liable for any damage, whether direct, indirect or consequential, claimed to result from the use of this material.
