Tired Hands (November 2016)

Discussion in 'Mid-Atlantic' started by LuckyOneSix, Nov 1, 2016.

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  1. breslinp

    breslinp Initiate (0) Sep 28, 2006 Pennsylvania

    They seem to have a similar set-up to Victory and Troegs. Restaurant on one side. Beer to go in another site. Tired Hands just happens to be a back door while Victory and Troegs have finished retail stores.
     
  2. breslinp

    breslinp Initiate (0) Sep 28, 2006 Pennsylvania

    People line up at Treehouse for 4 or 5 can allotments. I think you underestimate people.
     
  3. JackHorzempa

    JackHorzempa Grand Pooh-Bah (3,375) Dec 15, 2005 Pennsylvania
    Society Pooh-Bah

    Are those "retail stores" able to operate as part of the Brewery license? The 'typical' beer retail store in PA is referred to as a Beer Distributor and those businesses need to purchase a D-License from the PLCB. It seems to me, with my limited understanding of the PA regulations. that breweries would need to purchase D-Licenses if they want to sell cases of beer.

    Any clarification you can provide here would be appreciated.

    Cheers!

    @KOP_Beer_OUtlet
     
  4. jmdrpi

    jmdrpi Grand High Pooh-Bah (8,989) Dec 11, 2008 Pennsylvania
    BA4LYFE Society Pooh-Bah

    It appears that neither Victory nor Troegs have a D license. They both have Brewery, Brewpub, and Brewery Storage (?) licenses.
    You can search here:
    https://plcbplus.pa.gov/pub/Default.aspx?PossePresentation=LicenseSearch
     
  5. JackHorzempa

    JackHorzempa Grand Pooh-Bah (3,375) Dec 15, 2005 Pennsylvania
    Society Pooh-Bah

    Well, then it appears that when you are issued a Brewery License you are permitted to have a retail operation whereby you sell by the case?

    Cheers!
     
  6. breslinp

    breslinp Initiate (0) Sep 28, 2006 Pennsylvania

    PA has self-distribution.

    Pennsylvania
    License to self-distribute: Yes

    47 P.S. § 4-431

    (a) The board shall issue to any person a resident of this Commonwealth of good repute who applies therefor, and pays the license fee hereinafter prescribed, a manufacturer's license to produce and manufacture malt or brewed beverages, and to transport, sell and deliver malt or brewed beverages from the place of manufacture only in original containers, in quantities of not less than a case or original containers containing one hundred twenty-eight ounces or more which may be sold separately anywhere within the Commonwealth . . . (b) Except as hereinafter provided, such license shall authorize the holder thereof to sell or deliver malt or brewed beverages in quantities above specified anywhere within the Commonwealth of Pennsylvania, which, in the case of distributors, have been purchased only from persons licensed under this act as manufacturers or importing distributors, and in the case of importing distributors, have been purchased from manufacturers or persons outside this Commonwealth engaged in the legal sale of malt or brewed beverages or from manufacturers or importing distributors licensed under this article . . . When a Pennsylvania manufacturer of malt or brewed beverages licensed under this article names or constitutes a distributor or importing distributor as the primary or original supplier of his product, he shall also designate the specific geographical area for which the said distributor or importing distributor is given distributing rights, and such distributor or importing distributor shall not sell or deliver the products of such manufacturer to any person issued a license under the provisions of this act whose licensed premises are not located within the geographical area for which distributing rights have been given to the distributor and importing distributor by the said manufacturer.
     
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  7. JackHorzempa

    JackHorzempa Grand Pooh-Bah (3,375) Dec 15, 2005 Pennsylvania
    Society Pooh-Bah

    I am not an attorney so please bear with me.

    Does this verbiage equate to a brewery being able to operate an on-site retail (i.e., sell to an end consumer) business?

    Cheers!
     
  8. jmdrpi

    jmdrpi Grand High Pooh-Bah (8,989) Dec 11, 2008 Pennsylvania
    BA4LYFE Society Pooh-Bah

    It took some Google digging, but in this PLCB Advisory about an unrelated issue seems to clarify:
    https://collab.pa.gov/lcb/Extranet/Advisory Opinions/14-661.pdf

    "Generally, a brewery may sell malt or brewed beverages produced and owned by the brewery to individuals for off-premises consumption in containers or packages of unlimited quantity and of any volume, and to licensees in quantities of not less than a case or original containers containing one hundred twenty-eight (128) ounces or more. [47 P.S. §§ 4-431, 4-440]. A brewery may sell its product for on-premises consumption only in compliance with section 446(a)(1) of the Liquor Code. [47 P.S. § 4-446(a)(1)]. A brewery pub license allows the holder of a brewery license to operate a restaurant or brew pub within or immediately adjacent to the brewery premises. [47 P.S. § 4-446]. It allows sales for on-premises consumption of the beer produced and owned by the brewery, and sales for off-premises consumption of its products."
     
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  9. JackHorzempa

    JackHorzempa Grand Pooh-Bah (3,375) Dec 15, 2005 Pennsylvania
    Society Pooh-Bah

    Thank you for your efforts to confirm that the brewery license = authorization for retail sales.

    I appreciate the education.

    Cheers!
     
  10. jmdrpi

    jmdrpi Grand High Pooh-Bah (8,989) Dec 11, 2008 Pennsylvania
    BA4LYFE Society Pooh-Bah

    I found an answer to what a "Brewery Storage" license allows:
    https://www.nmmlaw.com/lvlb/2015/06/01/breweries-can-add-independent-tasting-rooms-in-pennsylvania/

    "Pennsylvania breweries can open secondary storage locations (up to two per brewery license) and sell beer and other malt beverage products for on-premise consumption as well as six-pack, case and even keg beer. "
     
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  11. JackHorzempa

    JackHorzempa Grand Pooh-Bah (3,375) Dec 15, 2005 Pennsylvania
    Society Pooh-Bah

    Thanks for that additional input.

    Both the PLCB and the PA legislature have been active over the past few years tweaking the existing PA alcohol laws/regulations. A point of example being the PLCB ‘re-interpreting’ the existing laws to permit Beer Distributors to sell 12-packs.

    Now, if only the politicians would listen to their constituents and enact comprehensive alcohol legislation reform so that PA could enter the 21st Century like the surrounding states.

    Cheers!
     
  12. thebackhaus

    thebackhaus Initiate (0) Jun 20, 2014 Pennsylvania

    I drank a High Road last night and thought it was fantastic. Didn't notice any lack of carb. What do you mean by squishy cans?
     
  13. jmdrpi

    jmdrpi Grand High Pooh-Bah (8,989) Dec 11, 2008 Pennsylvania
    BA4LYFE Society Pooh-Bah

    At least beer wise, with the move to open up distributors to singles and six pack sales, there's not much more to ask for except for grocery store sales.

    And it's not all peaches and cream in our neighboring states:

    New York doesn't allow BYOB restaurants.
    New Jersey's brewery rules still hinder tasting rooms by outlawing food. 35 municipalities are dry.
    Maryland beer sale rules change by County.
    West Virginia doesn't allow bars or stores to sell beer until after 1pm on Sundays.
    Ohio has an 12% abv cap.
     
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  14. NiceBeerCans

    NiceBeerCans Initiate (0) Mar 16, 2013 New York

    Actually BYOB in restaurants is legal in NY only with the proper license to do it.
     
  15. Adrena1ine

    Adrena1ine Zealot (748) Nov 22, 2014 Pennsylvania
    Trader

    Thats because Hidden River is better. :slight_smile:
     
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  16. JackHorzempa

    JackHorzempa Grand Pooh-Bah (3,375) Dec 15, 2005 Pennsylvania
    Society Pooh-Bah

    And that is exactly what should be permitted.

    Competition for the consumer is the best policy.

    Cheers!
     
  17. jmdrpi

    jmdrpi Grand High Pooh-Bah (8,989) Dec 11, 2008 Pennsylvania
    BA4LYFE Society Pooh-Bah

    I'm referring to restaurants that don't have an alcohol license. Which doesn't seem to be legal based on the NY website:
    https://www.sla.ny.gov/bring-your-own-bottle-byob

    In PA there are a ton of restaurants that don't have liquor licenses that encourage BYOB. From local casual places, to higher-end places in Philly.
     
  18. Adrena1ine

    Adrena1ine Zealot (748) Nov 22, 2014 Pennsylvania
    Trader

    Sundays can release had me thinking... will they even do a release this Wednesday? I figured they released those 3 cans Sunday and won't have anything until the following week. Can anyone confirm?
     
  19. jojo2112

    jojo2112 Pundit (882) Sep 24, 2014 Pennsylvania

    I'll be surprised if they do a can release this week. But that would be awesome if just to eff with everyone they did something like a 3 Milkshake release Wednesday evening.
     
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  20. NickCaff

    NickCaff Initiate (0) Apr 9, 2009 Pennsylvania

    They already said they weren't doing a release on Wednesday, they moved it up till Sunday because of thanksgiving
     
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