PRINTER'S NO. 372

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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.















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