PRIOR PRINTER'S NO. 338                        PRINTER'S NO. 856

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 307 Session of 1975


        INTRODUCED BY MESSRS. SULLIVAN, McGINNIS, WANSACZ, PIEVSKY,
           LEDERER, GALLEN, PYLES, McCLATCHY AND MRS. FAWCETT,
           FEBRUARY 5, 1975

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           MARCH 18, 1975

                                     AN ACT

     1  Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
     2     act relating to alcoholic liquors, alcohol and malt and
     3     brewed beverages; amending, revising, consolidating and
     4     changing the laws relating thereto; regulating and
     5     restricting the manufacture, purchase, sale, possession,
     6     consumption, importation, transportation, furnishing, holding
     7     in bond, holding in storage, traffic in and use of alcoholic
     8     liquors, alcohol and malt and brewed beverages and the
     9     persons engaged or employed therein; defining the powers and
    10     duties of the Pennsylvania Liquor Control Board; providing
    11     for the establishment and operation of State liquor stores,
    12     for the payment of certain license fees to the respective
    13     municipalities and townships, for the abatement of certain
    14     nuisances and, in certain cases, for search and seizure
    15     without warrant; prescribing penalties and forfeitures;
    16     providing for local option, and repealing existing laws,"
    17     further providing for the employment of minors.

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20     Section 1.  Clause (13) of section 493, act of April 12, 1951
    21  (P.L.90, No.21), known as the "Liquor Code," amended March 13,
    22  1974 (No.35) and December 30, 1974 (No.335), is amended to read:
    23     Section 493.  Unlawful Acts Relative to Liquor, Malt and
    24  Brewed Beverages and Licensees.--The term "licensee," when used


     1  in this section, shall mean those persons licensed under the
     2  provisions of Article IV, unless the context clearly indicates
     3  otherwise.
     4     It shall be unlawful--
     5     * * *
     6     (13)  Retail Licensees Employing Minors [Under Sixteen].  For
     7  any hotel, restaurant or club liquor licensee, or any retail
     8  dispenser, to employ or to permit any minor under [sixteen] the
     9  age of eighteen to serve any alcoholic beverages or to employ or
    10  permit any minor under the age of sixteen to render any service
    11  whatever in or about the licensed premises [except in accordance
    12  with board regulations], nor shall any entertainer be employed
    13  or permitted to perform in any licensed premises in violation of
    14  the labor laws of this Commonwealth: Provided, That [minors from
    15  the age sixteen may be employed on licensed premises as food
    16  waitresses or waiters and busboys and busgirls] in accordance
    17  with board regulations minors between the ages of sixteen and
    18  eighteen may be employed to serve food, clear tables and perform
    19  other similar duties, not to include the dispensing or serving
    20  of alcoholic beverages: AND, PROVIDED FURTHER, THAT MINORS MAY    <--
    21  BE EMPLOYED TO ACT AS ENTERTAINERS.
    22     * * *
    23     Section 2.  Section 5, act of May 13, 1915 (P.L.286, No.177),  <--
    24  known as the "Child Labor Law," is repealed in so far as it is
    25  inconsistent with this act.
    26     SECTION 2.  SECTION 493 OF THE ACT IS AMENDED BY ADDING A      <--
    27  CLAUSE TO READ:
    28     SECTION 493.  UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT AND
    29  BREWED BEVERAGES AND LICENSEES.--THE TERM "LICENSEE," WHEN USED
    30  IN THIS SECTION, SHALL MEAN THOSE PERSONS LICENSED UNDER THE
    19750H0307B0856                  - 2 -

     1  PROVISIONS OF ARTICLE IV, UNLESS THE CONTEXT CLEARLY INDICATES
     2  OTHERWISE.
     3     IT SHALL BE UNLAWFUL--
     4     * * *
     5     (27)  DISTRIBUTORS AND IMPORTING DISTRIBUTORS EMPLOYING
     6  MINORS. FOR ANY DISTRIBUTOR OR IMPORTING DISTRIBUTOR TO EMPLOY
     7  MINORS UNDER THE AGE OF EIGHTEEN BUT PERSONS EIGHTEEN AND OVER
     8  MAY BE EMPLOYED TO SELL AND DELIVER MALT AND BREWED BEVERAGES.
     9     Section 3.  This act shall take effect immediately.














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