PRINTER'S NO. 372
No. 328 Session of 1983
INTRODUCED BY CIVERA, MICOZZIE, LEHR, SPITZ, SAURMAN, MRKONIC, FARGO, HALUSKA, BOYES, SALOOM, BLAUM, JOHNSON, ARTY, GANNON, CLYMER, FLICK, DURHAM, KOSINSKI, STAIRS, CIMINI, FREIND, PETRONE, D. W. SNYDER, MERRY, WOGAN, DeLUCA, TELEK, BOOK, ALDERETTE AND PERZEL, MARCH 14, 1983
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 14, 1983
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for offenses 3 relating to alcoholic beverages; and making editorial 4 changes. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Sections 6307, 6308, 6309 and 6310 of Title 18 of 8 the Pennsylvania Consolidated Statutes are amended to read: 9 § 6307. Misrepresentation of age to secure [liquor] 10 intoxicating beverages. 11 (a) Offense defined.--A person is guilty of a misdemeanor of 12 the third degree if he, being under the age of 21 years, 13 knowingly and falsely represents himself to be 21 years of age 14 to any licensed dealer or other person, for the purpose of 15 procuring or having furnished to him, any [intoxicating liquors] 16 liquor or malt or brewed beverages. 17 (b) Penalty.--In addition to any other penalty provided for
1 by this title and notwithstanding the provisions of any other 2 statute, any person who commits an offense under this section 3 shall be sentenced to pay a fine of not less than $300 and the 4 operating privileges of the person shall be suspended by the 5 Department of Transportation until he attains the age of 21 6 years. If the person is not licensed to drive a motor vehicle at 7 the time he is convicted, he shall be ineligible to apply for a 8 driver's license until he attains the age of 21 years. 9 (c) Definitions.--As used in this section and sections 6308 10 (relating to purchase, consumption, possession or transportation 11 of intoxicating beverages) through 6310 (relating to inducement 12 of minors to buy liquor) the following words and phrases shall 13 have the meanings given to them in this section: 14 "Liquor." Any alcoholic, spirituous, vinous, fermented or 15 other alcoholic beverage, or combination of liquors and mixed 16 liquor a part of which is spirituous, vinous, fermented or 17 otherwise alcoholic, including all drinks or drinkable liquids, 18 preparations or mixtures, and reused, recovered or redistilled 19 denatured alcohol usable or taxable for beverage purposes which 20 contain more than 0.50% of alcohol by volume, except pure ethyl 21 alcohol and malt or brewed beverages. 22 "Malt or brewed beverages." Any beer, lager beer, ale, 23 porter or similar fermented malt beverage containing 0.50% or 24 more of alcohol by volume, by whatever name the beverage may be 25 called. 26 § 6308. Purchase, consumption, possession or transportation of 27 intoxicating beverages. 28 (a) Offense defined.--A person commits a summary offense if 29 he, being less than 21 years of age, attempts to purchase, 30 purchases, consumes, possesses or transports any alcohol, liquor 19830H0328B0372 - 2 -
1 or malt or brewed beverages. 2 (b) Penalty.--In addition to any other penalty provided for 3 by this title, any person who commits an offense under this 4 section shall be sentenced to pay a fine of not less than $100 5 nor more than $500. 6 § 6309. Representing [to liquor dealers] that minor is of age. 7 (a) Offense defined.--A person is guilty of a misdemeanor of 8 the third degree if he knowingly, willfully, and falsely 9 represents to any licensed dealer, or other person, any minor to 10 be of full age, for the purpose of inducing any such licensed 11 dealer or other person, to sell or furnish any [intoxicating 12 liquors] liquor or malt or brewed beverages to the minor. 13 (b) Penalty.--In addition to any other penalty provided for 14 by this title and notwithstanding the provisions of any other 15 statute, any person who commits an offense under this section 16 shall be sentenced to pay a fine of not less than $300 and the 17 operating privileges of the person shall be suspended by the 18 Department of Transportation until he attains the age of 21 19 years. If the person is not licensed to drive a motor vehicle at 20 the time he is convicted, he shall be ineligible to apply for a 21 driver's license until he attains the age of 21 years. 22 § 6310. Inducement of minors to buy [liquor] intoxicating 23 beverages. 24 (a) Offense defined.--A person is guilty of a misdemeanor of 25 the third degree if he hires or requests or induces any minor to 26 purchase, or offer to purchase, [spirituous, vinous or brewed 27 and malt liquors] liquor or malt or brewed beverages from a duly 28 licensed dealer for any purpose. 29 (b) Penalty.--In addition to any other penalty provided for 30 by this title and notwithstanding the provisions of any other 19830H0328B0372 - 3 -
1 statute, any person who commits an offense under this section 2 shall be sentenced to pay a fine of not less than $300 and the 3 operating privileges of the person shall be suspended by the 4 Department of Transportation until he attains the age of 21 5 years. If the person is not licensed to drive a motor vehicle at 6 the time he is convicted, he shall be ineligible to apply for a 7 driver's license until he attains the age of 21 years. 8 Section 2. This act shall take effect in 60 days. A28L18JS/19830H0328B0372 - 4 -