March 16, 2007Commonwealth of PAHelene Lawson3592007-03-28T20:48:00Z2007-03-29T18:24:00Z2008-02-04T13:04:00Z113537718PA Liquor Control Board6418905311.5604-1892424280Sacramental Winenedmundson@state.pa.usEdmundson, NancyTHE LETTER BELOW IS ADVICE TO PERTINANT TO SMALL SYNAGOGUES FROM THE PENNSYLVANIA LIQUOR CONTROL BOARDMarch 29, 2007 Telephone: (717) 783-9454 FAX: (717) 787-8820Larry LawsonVice PresidentTemple Beth ElVIA E-MAIL: cal_mant@yahoo.comRE:Sacramental Wine Dear Mr. Lawson:This office is in receipt of your e-mail correspondence of March 12, 2007 in which you ask about the use of sacramental wine in Pennsylvania. According to your e-mail, you are the vice president of Temple Beth El, a small synagogue in Bradford, Pennsylvania, that does not have a full-time ordained rabbi. You are the lay leader responsible for food-related activities, and you are involved in the practical use of wine for sacramental purposes. Your synagogue’s use of wine occurs in the context of Sabbath services and holiday celebrations. For the Sabbath, a prayer is said over a cup of kosher wine which is sipped by the leader of the prayer. The wine is then left on a table for anyone who wishes to have some. What wine remains when the Sabbath service is over is discarded. The wine is purchased at a Pennsylvania Liquor Control Board (“Board”) wine and spirits store. The congregation and the amount of wine used are small (i.e., approximately thirty-five (35) dues-paying members). Wine is consumed as part of ritual meals on holidays. While Passover meals are typically celebrated at someone’s home due to the food preparation involved, this is not always the case. According to your e-mail, however, when a Passover celebration is held at your synagogue, no form of sale takes place, participation does not depend heavily on dues, and no money (donation or otherwise) is ever collected at the service. Some synagogues, however, charge admission for some holiday celebrations. Tu B’Shevat, a typical Jewish holiday, will be celebrated with a ritual meal in the synagogue this year. Some members will be bringing their own wine, as kosher wine can be bitter and the Temple’s limited funds make more expensive wine unaffordable.You are specifically concerned that: (1) the synagogue is not a licensed drinking establishment; (2) there is no longer an ordained rabbi present; (3) the holiday sacraments tend toward partying, but in a religious context; (4) wine used for holidays may be brought to the synagogue by members, for sharing with other members; (5) the sale of Passover tickets to members may be construed as the sale of wine; and (6) wine mentioned in holiday announcements might constitute advertising. Initially, please be advised that it is the Pennsylvania State Police, Bureau of Liquor Control Enforcement (“Bureau”), and not the Board, that enforces the liquor laws in Pennsylvania. This office is authorized to issue legal opinions to licensees of the Board which are binding on the Bureau. Since you are not a Board licensee, the following is offered for your guidance and information only.No license is required to purchase wine in Pennsylvania. Further, Section 409(d) of the Liquor Code permits the holder of a sacramental wine license to purchase, directly from manufacturers or importers, wine to be used for sacramental or religious purposes only, and permits bottling and sale of same to priests, clergymen, and rabbis for use in the cathedral, church, synagogue or temple, or for sustaining members of the congregation or members of the faith who attend religious services, duly certified by such priests, clergymen, and rabbis.  The Board’s Regulations limit the sales to forty (40) liters annually, per family.  A sacramental wine licensee (or its agent) may deliver wine only to the home address of a family that has been certified to the licensee as sustaining members of the congregation by the ordained priest, clergyman or rabbi in charge of the congregation.  [40 Pa. Code §§ 11.82, 11.93].An organization would be permitted to purchase sacramental wine out-of-state provided it holds a sacramental wine license. Section 491(2) of the Liquor Code states that it shall be unlawful for any person, except a manufacturer or the Board or the holder of the sacramental wine license or of an importer license, to possess or transport any liquor or alcohol within this Commonwealth which was not lawfully acquired prior to January 1, 1934, or has not been purchased from a Pennsylvania wine and spirits store or a licensed limited winery, except in accordance with section 488 or the Board’s Regulations.  [47 P.S. § 4-491(2)]. As to your concern that the synagogue is unlicensed, if wine is given away for free, no license is required. An unlicensed establishment or a Rabbi, in Pennsylvania is permitted to give alcohol away for free, without limit, although charges can be brought under the Liquor Code and/or the Crimes Code for service to minors or visibly intoxicated persons. [See 47 P.S. §§ 4-493(1), 4-494]. The context of the event religious or otherwise, is not relevant. However, in order to give away free alcohol, it must truly be “free.” There cannot be any payment requirement associated with the free alcohol. If a ticket or fee is required to enter the establishment, for example, and to obtain the free alcohol, it is not, in reality, “free,” and this could constitute the sale of alcohol by an unlicensed entity, which is prohibited by the Liquor Code. [47 P.S. § 4-491(1)]. It would, however, be permissible if no fee is necessary to consume the “free” alcohol. Even if the free alcohol is being given away lawfully, however, it can only be given away between the hours of 8:00 a.m. and 2:00 a.m. on unlicensed premises. [18 Pa. C.S. § 7327(b)]. Additionally, section 7327 of the Crimes Code [18 Pa. C.S. § 7327] prohibits an unlicensed business from storing liquor or beer on its premises between the hours of 2:00 a.m. and 8:00 a.m. Sections 7328 and 7329 of the Crimes Code [18 Pa. C.S. §§ 7328-7329] regulate what are commonly referred to as bottle clubs, and could impact your situation. Further, there may be local ordinances which impact the ability of such a business to operate. Interpretation of the Crimes Code provisions can be obtained from your local enforcement authorities (police, district attorney’s office, private criminal defense attorneys, etc.). Information on municipal ordinances can be obtained from the municipality in which the business is located.Relative to your bring-your-own-bottle (“BYOB”) inquiry, Pennsylvania liquor laws allow persons to bring their own beer, wine, or liquor into unlicensed (or even licensed) premises, so long as the alcohol was legally procured under Pennsylvania law, and the operator of the premises allows such a practice. There is no special permit or license required from the Board for such activity. Although the liquor laws are silent on BYOB establishments, there are restrictions on BYOB events found in the Pennsylvania Crimes Code and, frequently, in local ordinances. As stated previously, section 7327 of the Crimes Code [18 Pa. C.S. § 7327] prohibits an unlicensed business from storing liquor or beer on its premises between the hours of 2:00 a.m. and 8:00 a.m., or from allowing others to consume liquor or beer after payment of an entry/membership fee or cover charge, between the hours of 2:00 a.m. and 8:00 a.m. Again, sections 7328 and 7329 of the Crimes Code [18 Pa. C.S. §§ 7328-7329] and local laws may impact a BYOB situation, so you may wish to contact the District Attorney of your county relative to that type of activity.As to advertising, the general rules on advertising in section 498 of the Liquor Code [47 P.S. § 4-498] must be followed. Advertising of alcoholic beverages is permissible provided that no advertisement of prices contains: 1) any statement that is false, deceptive or misleading; 2) any statement that is disparaging of the products of a competitor; or 3) any statement referring to monetary comparisons between brands. [47 P.S. § 4-498(b)(1)-(3)]. Also, prices that are advertised or displayed on the licensed premises must be those that are in effect at the time of the advertisement or display. [47 P.S. § 4-498(c)]. In addition, the entity responsible for the advertisement must be clearly identified in the advertisement. No print advertisement, including outside signs, of alcoholic beverages of any type shall be permitted within three hundred (300) feet of any church, school or public playground. The advertisement of alcoholic beverages of any subject matter, language or slogan directed to minors to promote consumption of alcoholic beverages is prohibited. No advertisement that is obscene is permitted. Advertisement of alcoholic beverages shall not be inconsistent with the spirit or safety of safe driving programs. [47 P.S. § 4-498(e)(1), (3), (4), (6), (f)].Please do not hesitate to contact this office should you have further questions.Very truly yours,FAITH S. DIEHLCHIEF COUNSELby______________________________KRISTINE A. PLAKANS Assistant CounselKeith D. WheelandMarch 7, 2005Page 2Larry LawsonMarch 29, 2007Page PAGE 2