Pennsylvania Statutes Title 47 P.S. Liquor § 4-441. Distributors' and importing distributors' restrictions on sales, Storage, etc.

(1) in the original containers as prepared for the market by the manufacturer at the place of manufacture;

(2) in the case of identical containers repackaged in the manner described by subsection (f); or

(3) as provided in section 431(b). 1

(b)(1) No distributor or importing distributor shall sell any malt or brewed beverages in quantities of less than a case or original containers containing one hundred twenty-eight ounces or more which may be sold separately: Provided, That no malt or brewed beverages sold or delivered shall be consumed upon the premises of the distributor or importing distributor, or in any place provided for such purpose by such distributor or importing distributor. Notwithstanding any other provision of this section or act, malt or brewed beverages and ready-to-drink cocktails which are part of a tasting conducted pursuant to the board's regulations may be consumed on licensed premises.

(2) Distributors and importing distributors that hold a ready-to-drink cocktail permit shall be permitted to sell ready-to-drink cocktails in any quantity, and all sales must be in original containers. Sales of ready-to-drink cocktails are limited to sales to nonlicensees, and sales of ready-to-drink cocktails for subsequent resale are prohibited.

(d)(1) No distributor shall maintain any place for the storage of malt or brewed beverages and ready-to-drink cocktails, except in the same municipality in which the licensed premises is located and unless the same has been approved by the board. In the event there is no place of cold storage in the same municipality, the board may approve a place of cold storage in the nearest municipality.

(2) No importing distributor shall maintain any place for the storage of malt or brewed beverages and ready-to-drink cocktails, except in the franchise territory in which the licensed premises is located and unless the same has been approved by the board. The board shall issue no more than four storage facilities license to an importing distributor. The storage location shall be designated solely as a storage facility, from which only sales to other licensees are permitted. Retail sales may be made at the licensed location pursuant to subsection (c). If the importing distributor maintains a storage location for cold storage in the same municipality in which the importing distributor is licensed or a nearby municipality, the importing distributor may continue to maintain that cold storage location in addition to another storage location within their franchise territory.

(f)(1) To salvage one or more salable cases from one or more damaged cases, cartons or packages of malt or brewed beverages and ready-to-drink cocktails, a distributor or importing distributor may repackage consequent to inadvertent damage and sell a case, carton or package of identical units of malt or brewed beverages or ready-to-drink cocktails.

(2) Repackaging is permissible only to the extent made necessary by inadvertent damage. Repackaging not consequent to damage is prohibited.

(3) The term “identical units” as used in this subsection means undamaged bottles or cans of identical brand, package and volume.