What Fellini Cafe is doing is 100% illegal as per lawyer from PA LCB. What Fellini is doing (you are correct Doug) is trying to skirt system but it is still illegal sale of alcohol.

Anonymous tip line is 1-800-932-0602 or 215-726-6200

Fellini is popular on www.montcopa.org - see:

case 2006-29292 FELLINI CAFE D 11/21/2006 Complaint in Conf. Of Judgement 31 E LANCASTER INC FELLINI CAFE INC

case 2006-21879 FELLINI CAFE INC D 8/29/2006 Certification of Judgement KLEHR HARRISON HARVEY BRANZBURG & ELLERS LLP FELLINI CAFE INC

case 2006-29292 FELLINI CAFE INC D 11/21/2006 Complaint in Conf. Of Judgement 31 E LANCASTER INC FELLINI CAFE INC

case 2007-18109 FELLINIS CAFE INC D 7/30/2007 Lien Commonwealth of PA PENNA DEPT OF REV FELLINIS CAFE INC

case 2007-07493 FELLINIS CAFE OF PHILA INC D 3/29/2007 Certification of Judgement LEONES MEATS INC FELLINIS CAFE OF PHILA INC

Update :

Some employees have initiated some legal research on that aspect and here is a copy from the state police email response regarding the cheat system in Fellini :

Your email was routed to me for issuance of a complaint against the premises where you are employed. As I understand the situation, the “Café” provides complimentary alcoholic beverages to customers free of charge, but the employees of the “café” are required to pay to the employer a fee of $10.00 every day for the cost of the alcoholic beverages they serve.

First, there can be no additional cost to the customer for the alcoholic beverage(s) provided. In other words, a meal served with a glass of water and the same meal served with a glass of wine must cost the same to the customer. An additional charge to the customer for being served alcoholic beverages would constitute sales of alcohol without a license, and this would be illegal.

I know of no law in the PA Liquor Code, or in the PLCB Rules and Regulations, that prohibit an employer from charging a fee to waiters/servers to work there. If the waiter/server is required to “purchase: the alcoholic beverage being served in order to then provide it to their customer, I would consider that it may be illegal sales of liquor. But if the employer is charging the $10.00 to each server/waiter whether they serve alcoholic beverages or not, then I would consider that to be a charge to the employer for the privilege of working in that particular establishment. There may be labor laws prohibiting that charge by the employer, but I wouldn’t know about them. I could only suggest you contact the PA Labor Board and inquire to them if this is illegal or not.

Please respond to this email with more specific information as to whether the servers are being required to purchase this alcohol, or if there is any additional charge to the customers for the service of alcoholic beverages. Keep in mind that the employer can legally charge what is referred to as a corkage fee for serving the alcoholic beverages to the customer if the alcoholic beverages were brought to the Café by the customer.

Paul Smith

Enforcement Officer Supervisor
Pa State Police, Bureau of Liquor Control Enforcement
Allentown District Office

Here is the sensitive issue and this can only be answered by a lawyer :

If the waiter/server is required to “purchase: the alcoholic beverage being served in order to then provide it to their customer, I would consider that it may be illegal sales of liquor.

As discussed in previous emails they skirt the system, they don't charge the customer directly but instead the employee is "required to purchase the alcohol".
I would love to get the contact info from the lawyer which confirmed that this is 100% illegal.

To be continued !