PLCB Clarifies Requirements for R, H and E Licensees – The law is clear that R, H and E licensees are required to have sufficient seating and food for at least 30 patrons on premises. Recognizing there is no definition for the term “food” in the Liquor Code, the PLCB has attempted to clarify what the term “food” means for retail licensees. Based upon case law which has developed over the years, the PLCB recently clarified that retail licensees must comply with the following: (a) a menu or similar indication of food available for on-premises consumption must be immediately and publicly accessible, (b) food must be stored in the licensed or unlicensed portion of the licensed business, or if the licensee has an interior connection to another business it operates, within the premises that houses the business, and (c) the licensee may establish hours of food availability, but food must be regularly and habitually available for patrons. Effective December 17, 2018, if licensees do not meet these requirements, they could be facing a period of closure.
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