Brewery licenses are not counted toward a county’s liquor-license quota, but applicants still have to follow a similar application process.
An applicant is required to submit an initial application to the Pennsylvania Liquor Control Board.
Since all 67 counties in Pennsylvania already have exceeded their quotas, no new licenses can be issued by the LCB except under special circumstances.
According to Section 461 of LCB’s liquor code, “no additional restaurant, eating place retail dispenser or club licenses shall be issued within a county if the total number of restaurant and eating place retail dispenser licenses is greater than one license for each three thousand inhabitants in the county.”
However, along with hotels, airport restaurants, off-track wagering restaurants and certain golf course facilities, breweries are among the establishments that may receive licenses beyond the quota of a county.
A restaurant owner applying for a brewery license through the LCB is not technically applying for a “liquor” license since the establishment will brew its own beverages.
“No liquor is allowed to be sold under the (brewery) license,” said Nick Hays, LCB press secretary.
However, breweries are allowed to “sell malt or brewed beverages produced and owned by the brewery on the licensed premises,” according to Section 446 of the Liquor Code.
In addition, a brewery also has the option of purchasing a brewpub license from the LCB.
“A brewery may have a brewpub license in conjunction with its brewery where it is permitted to sell its brewed beverages along with Pennsylvania wines purchased from either the winery or from a wine and spirits shop, provided the wine is consumed at the brewpub,” Hays said.
Breweries also are eligible to purchase additional licenses, such as a hotel liquor license, a restaurant liquor license, or a malt and brewed beverages retail license.
The advantage of purchasing an additional license would be the opportunity to sell beverages not produced on-site.
Although brewery licenses are considered different from regular liquor licenses, applicants still have to follow the same rules and regulations regarding the application process.
For example, applicants are required to pay a $700 filing fee and a license fee of $1,425 for a brewery license, according to the LCB’s official application for license, manufacture, storage or transportation.
If a brewery owner wanted to obtain a brewpub license, that person also would file a separate application with another $700 filing fee.
Applicants also would have to pay a license fee ranging from $200 to $700, depending on the population of the municipality and whether the license is new or transferred.
The LCB may not grant a brewery license if the restaurant is located within 300 feet any church, hospital, charitable institution, school or public playground.
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