By Andrew Carranza
Brewery licenses are not counted toward a county’s liquor license quota, but applicants still have to follow a similar application process.
Applicants are required to submit an initial application to the Pennsylvania Liquor Control Board.
If accepted, brewery owners still have to pay licensing fees and maintain their restaurants, just as establishments that have liquor licenses must do.
However, there are some differences in obtaining a brewery license.
Since all 67 counties in Pennsylvania have already exceeded their quota limit, no new licenses can be issued by the LCB unless 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 3,000 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.
Restaurant owners applying for a brewery license through the LCB are not technically applying for a “liquor” license, since they brew their own beverages.
Breweries are also not counted toward the liquor license quota, since restaurants serve their own brewed beers.
“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, breweries also have the option to buy 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 are also eligible to buy additional licenses, such as a hotel liquor license, a restaurant liquor license or a malt and brewed beverages retail license.
The advantage of buying an additional license would be the ability to sell beverages not produced on-site at the brewery.
Although brewery licenses are considered different from regular liquor licenses, applicants still have to follow the same rules 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 also wanted to obtain a brewpub license, a person must also file a separate application with another $700 filing fee.
Applicants would also 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 a transfer license.
In addition, similar to other license applications, the LCB may not grant a brewery license if the restaurant is located within 300 feet of any church, hospital, charitable institution, school or public playground.
“If a valid protest is received, a hearing is held at which time the protesters can testify as to how they will be affected if the license is granted,” Hays said. “After the hearing, the board decides on the application. Any citizen or organization can comment on a proposed application.” For example, the opening of North Country Brewing Co. in Slippery Rock was delayed due to a protest by Slippery Rock Methodist Church in 2002. The church is located within 300 feet of the brewery and protested its opening due to the proximity of the two buildings.
The brewery finally opened its doors in 2005 after the LCB held a hearing and approved its license.
“LCB approved the application after considering the information presented at the hearing and, in addition, the applicants meeting the criteria for these types of licenses," Hays said.
Calls to North Country Brewing were not returned.
A representative from Slippery Rock Methodist Church said the pastor who was a part of the original protest was no longer with the church, but added that the issue was “water under the bridge” now that the brewery has been open for several years.
Andrew Carranza is a staff writer for The Allied News in Grove City.
