By Melissa Melewsky, Media Law Counsel PA NewsMedia Assoc.
Q: Several local bars and restaurants that deliver food want to run ads that tell readers they can now deliver beer along with a food order. The ads note things like “now delivering beer,” or “beer delivery/up to two six packs.” Can they do that, and can newspapers publish that kind of ad?
A: Yes. Businesses licensed to sell alcohol can deliver a limited amount of beer as long as they have obtained the proper permit, and ads promoting the service are acceptable.
The Pennsylvania Liquor Control Board (PLCB)’s policy on beer delivery notes licensees can obtain a permit to allow the transport of a limited amount of beer as long as certain conditions are met. The “Transport for Hire” permit allows those holding the permit, such as retail licensees like bars and restaurants, to deliver up to 192 ounces of beer (two six packs) per sale if the sale is completed on the licensed premises, the delivery vehicle is owned/leased by the licensee and operated by licensee employees.
The PLCB’s advisory opinion does not specifically address advertising, but the law generally allows licensees to advertise prices and availability of products in newspapers. If a licensee obtains a “Transport for Hire” permit and can legally deliver beer, the law allows them to advertise the service and prices, as long as the advertising otherwise complies with the advertising requirements imposed by the Liquor Code and PLCB regulations.
The general rules regarding alcoholic beverage ads are as follows:
Any advertisements of price may not contain any of the following:
• False, deceptive or misleading statements;
• Statements disparaging of the products of competitors; or
• Monetary comparisons of brands.
Bars and Restaurants may:
• Offer one drink special per day (drink of the day), which must end by midnight; and
• Offer one four-hour happy hour each day, which must end by midnight.
• Happy hour notice must be posted at the licensed premises seven days prior to happy hour.
Bars and Restaurants may not:
• Offer 2 drinks for the price of one;
• Sell an unlimited amount of alcohol for a set price (EXCEPT at catered events arranged at least 24 hours in advance);
• Discriminate on the basis of sex, race, national origin, or disability (No "Ladies Nights" with specials exclusively for women); or
• Offer any discount pricing (happy hour, drink of the day) after midnight.
The following restrictions apply to all advertisements for alcoholic or malt beverages:
• The advertiser must be clearly identified in the ad.
• No printed advertisements are permitted within 300 feet of a church, school or public playground.
• No advertisements may be directed at minors to promote the illegal consumption of alcoholic beverages.
• Obscene advertisements are prohibited.
• Advertisements may not contradict the ideals of safety or safe driving programs.
• Licensees may not advertise any alcoholic beverages if they do not actually have a sufficient supply of the beverages on hand to meet the normally expected demands.
• Advertisements may not refer to the alcoholic strength of a malt beverage in any manner in order to induce consumers to buy the product. Terms such as "full strength," "extra strength," "high proof," etc. are prohibited.
Last Updated on Friday, 05 February 2016 08:01
Following is a list of Middletown Borough's snow emergency routes.
During a snow emergency, it shall be unlawful for any person to park, or to permit to remain parked, on any street named below any type of motor vehicle, boat, boat trailer, camper, recreational vehicles or any trailer used for the purpose of hauling motor vehicles or other items, with respect to the north side of east-west streets or with respect to the east side of north-south streets, unless otherwise indicated. However, upon complete removal of all snow from the total parking area, on such side of the street in front of any property, parking will at once become again permissible, so long as there is no interference with the snow removal program of the Borough and no interference with traffic during the remainder of such emergency.
Last Updated on Friday, 22 January 2016 13:32
Co Commissioners warn citizens of treacherous travel, power outages with weekend snowstorm
Dauphin Co. Commissioners Jeff Haste, Mike Pries and George P. Hartwick, III and the county’s Emergency Management Agency (DEMA) are warning residents of the potential for slippery roads, downed trees and power outages with heavy snowfall that is expected to hit the area over the weekend.
“Up to 18 inches of snow, with strong winds and white-out conditions, will make travel this weekend very treacherous,” said Pries, who oversees DEMA. “We’re closely monitoring conditions and are ready to respond and provide assistance to municipalities in need.”
According to the National Weather Service, the heaviest snow is expected Friday overnight into Saturday, with periods of 1 to 2 inches of snow accumulation an hour.
“Power outages are a big concern,” said Haste. “Wet and heavy snow combined with powerful winds may cause downed trees and power lines. If you see a downed line, do not attempt to move or drive over it. Instead, report it to the power provider.”
Dauphin County’s vital human services will remain open and available throughout the weekend.
“We are ready to respond and provide support to senior citizens and anyone in need during the winter storm,” said Hartwick, who oversees the county’s Human Services. “Our Agency on Aging caseworkers are calling all elderly and at-risk clients to ensure they have adequate heat and food and to remind them to call us if they need help.”
Senior citizens who need assistance are encouraged to call Dauphin County Area Agency on Aging, which is staffed around the clock, at 717-780-6130.
The county’s 24-hour emergency mental service health service Crisis Intervention will also be available to anyone who is suffering a mental health or addiction crisis and needs immediate assistance or counseling. To reach Crisis Intervention, call 717-232-7511 or 1-888-596-4447.
The commissioners also recommend the following safety tips:
•Use safe home-heating practices,
•Have an emergency supply kit, with flashlights, batteries, blankets and other items,
•Remove cars parked on roadways, especially the Snow Emergency Routes, and stay off the roads so the crews can do their work,
•Keep a safe distance between vehicles, and
•Dig out fire hydrants in the event of a fire emergency.
Residents are reminded to call 9-1-1 only in an emergency. For non-emergency calls in Dauphin County, call 717-558-6900.
Last Updated on Monday, 25 January 2016 12:43
Last Updated on Friday, 15 January 2016 09:52
Written by Eric Wise
Crews from Lower Swatara Twp. will plow state roads in the township again next winter under an agreement with the Pennsylvania Department of Transportation that was approved unanimously by township commissioners on Wednesday, July 15.
Lower Swatara will get about $300 more in 2015-16 from PennDOT for snow plowing. In a particularly bad winter, the department may provide additional money for the township’s services, although no money is returned to the state following a mild season treating the roads.
Last Updated on Tuesday, 04 August 2015 16:55