PRINTER'S NO. 728
No. 668 Session of 1987
INTRODUCED BY BLAUM, CIVERA, SALOOM, JAROLIN, KOSINSKI,
MAYERNIK, WAMBACH, TRELLO, RYBAK, COWELL, BELARDI, HARPER,
McHALE, MICHLOVIC, COY, MORRIS, HERSHEY, DONATUCCI, MAIALE,
PUNT, MARKOSEK, SHOWERS, FREIND, DALEY, CLYMER, GEIST,
DIETTERICK, STABACK, FISCHER, PRESTON, BARLEY, CORNELL,
ACOSTA, PITTS, SCHEETZ, VROON, J. L. WRIGHT, HOWLETT,
SIRIANNI, BIRMELIN, BOOK, LaGROTTA, LUCYK, MRKONIC,
E. Z. TAYLOR, CHADWICK, G. SNYDER, STAIRS, GRUPPO, SAURMAN
AND LASHINGER, MARCH 9, 1987
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 9, 1987
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for offenses
3 relating to alcohol; and making a repeal.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 1101, 6307, 6308, 6309 and 6310 of Title
7 18 of the Pennsylvania Consolidated Statutes are amended to
8 read:
9 § 1101. Fines.
10 A person who has been convicted of an offense may be
11 sentenced to pay a fine not exceeding:
12 (1) $25,000, when the conviction is of a felony of the
13 first or second degree.
14 (2) $15,000, when the conviction is of a felony of the
15 third degree.
1 (3) $10,000, when the conviction is of a misdemeanor of
2 the first degree.
3 (4) $5,000, when the conviction is of a misdemeanor of
4 the second degree.
5 (5) $2,500, when the conviction is of a misdemeanor of
6 the third degree.
7 (6) $300, when the conviction is of a summary offense
8 for which no higher fine is established.
9 (7) Any higher amount equal to double the pecuniary gain
10 derived from the offense by the offender.
11 (8) Any higher or lower amount specifically authorized
12 by statute.
13 § 6307. Misrepresentation of age to secure liquor or malt or
14 brewed beverages.
15 (a) Offense defined.--A person is guilty of a summary
16 offense for a first violation and a misdemeanor of the third
17 degree for any subsequent violations if he, being under the age
18 of 21 years, knowingly and falsely represents himself to be 21
19 years of age or older to any licensed dealer, distributor or
20 other person, for the purpose of procuring or having furnished
21 to him, any [intoxicating liquors.] liquor or malt or brewed
22 beverages.
23 (b) Minimum penalty.--In addition to any other penalty
24 imposed pursuant to section 6310.4 (relating to restriction of
25 operating privileges) or this title or other statute, a person
26 who is convicted of violating subsection (a) shall be sentenced
27 to pay a fine of not less than $300 for the second violation and
28 a fine of not less than $500 for each subsequent violation.
29 There shall be no authority in any court to impose on an
30 offender any lesser sentence than the minimum sentence mandated
19870H0668B0728 - 2 -
1 by this subsection. In no case shall the sentence exceed the
2 maximum sentence prescribed by law. No court shall have the
3 authority to suspend any sentence as defined in this section.
4 (c) Adjudication of delinquency.--In addition to any other
5 disposition authorized by law, a person adjudicated delinquent
6 under subsection (a) shall be ordered to pay a fine of $300 for
7 the first adjudication of delinquency and a fine of $500 for
8 each subsequent adjudication of delinquency.
9 (d) Preadjudication disposition.--When a person is charged
10 with violating subsection (a), the court may admit the offender
11 to the adjudication alternative as authorized in 42 Pa.C.S. §
12 1521(b) (relating to accelerated rehabilitative disposition for
13 summary offenders), a consent decree as defined in 42 Pa.C.S. §
14 6340 (relating to consent decree) when the offender is alleged
15 to be a delinquent child or any other preadjudication
16 disposition if the offender has not been previously convicted of
17 that offense or adjudicated delinquent of that offense. The use
18 of any preadjudication disposition shall be considered a first
19 offense for the purpose of further adjudication under this
20 section and the provisions of section 6310.4.
21 § 6308. Purchase, consumption, possession or transportation of
22 [intoxicating beverages] liquor or malt or brewed
23 beverages.
24 (a) Offense defined.--A person commits a summary offense if
25 he, being less than 21 years of age, attempts to purchase,
26 purchases, consumes, possesses or transports any [alcohol,]
27 liquor or malt or brewed beverages, as defined in section 6310.6
28 (relating to definitions).
29 (b) Penalty.--In addition to the penalty imposed pursuant to
30 section 6310.4 (relating to restriction of operating
19870H0668B0728 - 3 -
1 privileges), a person convicted of violating subsection (a)
2 shall be sentenced to pay a fine of not less than $300 for the
3 second and each subsequent violation.
4 (c) Preadjudication disposition.--When a person is charged
5 with violating subsection (a), the district justice may admit
6 the offender to the adjudication alternative as authorized in 42
7 Pa.C.S. § 1521(b) (relating to accelerated rehabilitative
8 disposition for summary offenders) or any other preadjudication
9 disposition if the offender has not been previously convicted of
10 that offense. The use of any preadjudication disposition shall
11 be considered a first offense for the purpose of further
12 adjudication under this section and the provisions of section
13 6310.4.
14 (d) Notification.--The police department making an arrest
15 for a suspected violation of subsection (a) shall so notify the
16 parents or guardian of the minor charged.
17 § 6309. Representing [to liquor dealers] that minor is of age.
18 (a) Offense defined.--A person is guilty of a misdemeanor of
19 the third degree if he knowingly, willfully, and falsely
20 represents to any licensed dealer, or other person, any minor to
21 be of full age, for the purpose of inducing any such licensed
22 dealer or other person, to sell or furnish any [intoxicating
23 liquors] liquor or malt or brewed beverages, as defined in
24 section 6310.6 (relating to definitions), to the minor.
25 (b) Minimum penalty.--In addition to any other penalty
26 imposed pursuant to this title or other statute, a person
27 committing an offense under this section shall be sentenced to
28 pay a fine of not less than $300. There shall be no authority in
29 any court to impose on an offender any lesser sentence than the
30 minimum sentence mandated by this subsection. In no case shall
19870H0668B0728 - 4 -
1 the sentence exceed the maximum sentence prescribed by law. No
2 court shall have the authority to suspend any sentence as
3 defined in this section.
4 § 6310. Inducement of minors to buy liquor or malt or brewed
5 beverages.
6 (a) Offense defined.--A person is guilty of a misdemeanor of
7 the third degree if he hires or requests or induces any minor to
8 purchase, or offer to purchase, [spirituous, vinous or brewed
9 and malt liquors] liquor or malt or brewed beverages, as defined
10 in section 6310.6 (relating to definitions), from a duly
11 licensed dealer for any purpose.
12 (b) Minimum penalty.--In addition to any other penalty
13 imposed pursuant to this title or other statute, a person
14 convicted of an offense under this section shall be sentenced to
15 pay a fine of not less than $300. There shall be no authority in
16 any court to impose on an offender any lesser sentence than the
17 minimum sentence mandated by this subsection. Nothing in this
18 section shall prevent the sentencing court from imposing a
19 sentence greater than the minimum sentence mandated in this
20 subsection. In no case shall the sentence exceed the maximum
21 sentence prescribed by law. No court shall have the authority to
22 suspend any sentence as defined in this section.
23 Section 2. Title 18 is amended by adding sections to read:
24 § 6310.1. Selling or furnishing liquor or malt or brewed
25 beverages to minors.
26 (a) Offense defined.--Except as provided in subsection (b),
27 a person commits a misdemeanor of the third degree if he
28 intentionally and knowingly sells or intentionally and knowingly
29 furnishes, or purchases with the intent to sell or furnish, any
30 liquor or malt or brewed beverages to a person who is less than
19870H0668B0728 - 5 -
1 21 years of age.
2 (b) Exceptions.--The provisions of this section shall not
3 apply to any religious service or ceremony which may be
4 conducted in a private home or a place of worship where the
5 amount of wine served does not exceed the amount reasonably,
6 customarily and traditionally required as an integral part of
7 the service or ceremony.
8 (c) Minimum penalty.--In addition to any other penalty
9 imposed pursuant to this title or other statute, a person who is
10 convicted of violating subsection (a) shall be sentenced to pay
11 a fine of not less than $1,000 for the first violation and a
12 fine of $2,500 for each subsequent violation. There shall be no
13 authority in any court to impose on an offender any lesser
14 sentence than the minimum sentence mandated by this subsection.
15 No court shall have the authority to suspend any sentence as
16 defined in this section. Nothing in this section shall prevent
17 the sentencing court from imposing a sentence greater than the
18 minimum sentence mandated in this subsection. In no case shall
19 the sentence exceed the maximum sentence prescribed by law.
20 § 6310.2. Manufacture or sale of false identification card.
21 (a) Offense defined.--A person commits a misdemeanor of the
22 second degree if he intentionally, knowingly or recklessly
23 manufactures, makes, alters, sells or attempts to sell an
24 identification card falsely representing the identity, birth
25 date or age of another.
26 (b) Minimum penalty.--In addition to any other penalty
27 imposed pursuant to this title or any other statute, a person
28 who is convicted of violating subsection (a) shall be sentenced
29 to pay a fine of not less than $1,000 for the first violation
30 and a fine of not less than $2,500 for each subsequent
19870H0668B0728 - 6 -
1 violation. There shall be no authority in any court to impose on
2 an offender any lesser sentence than the minimum sentence
3 mandated by this subsection. In no case shall the sentence
4 exceed the maximum sentence prescribed by law. No court shall
5 have the authority to suspend any sentence as defined in this
6 section.
7 (c) Adjudication of delinquency.--In addition to any other
8 disposition authorized by law, a person adjudicated delinquent
9 under subsection (a) shall be ordered to pay a fine of $500 for
10 the first adjudication of delinquency and a fine of $1,000 for
11 each subsequent adjudication of delinquency.
12 § 6310.3. Carrying a false identification card.
13 (a) Offense defined.--A person commits a summary offense for
14 a first violation and a misdemeanor of the third degree for any
15 subsequent violation if he, being under 21 years of age,
16 possesses an identification card falsely identifying that person
17 by name, age, date of birth or photograph as being 21 years of
18 age or older or obtains or attempts to obtain liquor or malt or
19 brewed beverages by using the identification card of another or
20 by using an identification card that has not been lawfully
21 issued to or in the name of that person who possesses the card.
22 (b) Minimum penalty.--In addition to any other penalty
23 imposed pursuant to section 6310.4 (relating to restriction of
24 operating privileges) or any other statute, a person who is
25 convicted of violating subsection (a) shall be sentenced to pay
26 a fine of not less than $300 for the second violation and a fine
27 of not less than $500 for each subsequent violation. There shall
28 be no authority in any court to impose on an offender any lesser
29 sentence than the minimum sentence mandated by this subsection.
30 In no case shall the sentence exceed the maximum sentence
19870H0668B0728 - 7 -
1 prescribed by law. No court shall have the authority to suspend
2 any sentence as defined in this section.
3 (c) Adjudication of delinquency.--In addition to any other
4 disposition authorized by law, a person adjudicated delinquent
5 under subsection (a) shall be ordered to pay a fine of $300 for
6 the first adjudication of delinquency and a fine of $500 for
7 each subsequent adjudication of delinquency.
8 (d) Preadjudication disposition.--When a person is charged
9 with violating subsection (a) or is alleged to be delinquent
10 pursuant to subsection (a), the court may admit the offender to
11 the adjudication alternative as authorized in 42 Pa.C.S. §
12 1521(b) (relating to accelerated rehabilitative disposition for
13 summary offenders), a consent decree as defined in 42 Pa.C.S. §
14 6340 (relating to consent decree) when the person is alleged to
15 be a delinquent child or any other preadjudication disposition
16 if the offender has not been previously convicted of that
17 offense. The use of any preadjudication disposition shall be
18 considered a first offense for the purpose of further
19 adjudication under this section and the provisions of section
20 6310.4.
21 (e) Notification.--The police department making an arrest
22 for a suspected violation of subsection (a) shall so notify the
23 parents or guardian of the minor charged.
24 § 6310.4. Restriction of operating privileges.
25 (a) General rule.--Whenever a person is convicted or is
26 adjudicated delinquent or is admitted to any preadjudication
27 program for a violation of section 6307 (relating to
28 misrepresentation of age to secure liquor or malt or brewed
29 beverages), 6308 (relating to purchase, consumption, possession
30 or transportation of liquor or malt or brewed beverages), or
19870H0668B0728 - 8 -
1 6310.3 (relating to carrying a false identification card), the
2 court, including a court not of record if it is exercising
3 jurisdiction pursuant to 42 Pa.C.S. § 1515(a)(6) (relating to
4 jurisdiction and venue), shall order the operating privilege of
5 the person suspended. A copy of the order shall be transmitted
6 to the Department of Transportation.
7 (b) Duration of suspension.--When the department suspends
8 the operating privilege of a person under subsection (a), the
9 duration of the suspension shall be as follows:
10 (1) For a first offense, a period of 90 days from the
11 date of suspension.
12 (2) For a second offense, a period of one year from the
13 date of suspension.
14 (3) For a third offense, and any offense thereafter, a
15 period of two years from the date of suspension. Any multiple
16 sentences imposed shall be served consecutively.
17 Reinstatement of operating privilege shall be governed by 75
18 Pa.C.S. § 1545 (relating to restoration of operating privilege).
19 (c) Nondrivers.--Any person whose record is received by the
20 department under subsection (a) and who does not have a driver's
21 license shall be ineligible to apply for a learner's permit
22 under 75 Pa.C.S. §§ 1505 (relating to learners' permits) and
23 1507 (relating to application for driver's license or learner's
24 permit by minor) for the time periods specified in subsection
25 (b). If the person is under 16 years of age when he is convicted
26 or adjudicated delinquent or admitted to a preadjudication
27 program, his suspension of operating privileges shall commence
28 upon his 16th birthday for the time periods specified in
29 subsection (b).
30 (d) Insurance premiums.--An insurer may not increase
19870H0668B0728 - 9 -
1 premiums for automobile insurance on account of a suspension
2 under this section.
3 § 6310.5. Predisposition evaluation.
4 (a) General rule.--In addition to any other requirements,
5 the court, including a court not of record, may in conjunction
6 with authorizing any preadjudication disposition or in
7 conjunction with a conviction or adjudication of delinquency for
8 a first violation of sections 6307 (relating to
9 misrepresentation of age to secure liquor or malt or brewed
10 beverages), 6308 (relating to purchase, consumption, possession
11 or transportation of liquor or malt or brewed beverages) and
12 6310.3 (relating to carrying a false identification card),
13 require that the person successfully complete an alcohol
14 counseling and treatment program approved by the Department of
15 Health. When a second violation of any of the aforementioned
16 sections occurs, the court shall require that the person be
17 evaluated using juvenile or adult court reporting network
18 instruments issued by the Department of Transportation and any
19 other additional evaluation techniques deemed appropriate by the
20 court to determine the extent of the person's involvement with
21 alcohol.
22 (b) Program of alcohol counseling.--Based on the results of
23 evaluation and any additional information, the court, including
24 a court not of record if it is exercising jurisdiction pursuant
25 to 42 Pa.C.S. § 1515(a)(6) (relating to jurisdiction and venue)
26 may, in addition to any other mandatory requirements of these
27 sections, determine and require as part of sentencing or any
28 preadjudication disposition that the person successfully
29 complete a prescribed program of alcohol counseling. Any program
30 of individual or group intervention or supervised outpatient
19870H0668B0728 - 10 -
1 treatment shall be of a type approved by the Department of
2 Health.
3 (c) Costs.--Costs of any and all requirements applied under
4 this section shall be in addition to any other penalty required
5 or allowed by law and shall be the responsibility of the person
6 upon whom the requirement is placed.
7 § 6310.6. Definitions.
8 The following words and phrases when used in sections 6307
9 (relating to misrepresentation of age to secure liquor or malt
10 or brewed beverages) through 6310.3 (relating to carrying a
11 false identification card) shall have the meanings given to them
12 in this section unless the context clearly indicates otherwise:
13 "Furnish." To supply, give or provide to, or allow a minor
14 to possess on premises or property owned or controlled by the
15 person charged.
16 "Identification card." A driver's license, a Department of
17 Transportation nondriver's identification card or a card issued
18 by the Pennsylvania Liquor Control Board for the purpose of
19 identifying a person desiring liquor or malt or brewed
20 beverages, a card which falsely purports to be any of the
21 foregoing, or any card, paper or document which falsely
22 identifies the person by name, photograph, age or date of birth
23 as being 21 years of age or older.
24 "Liquor." Includes any alcoholic, spirituous, vinous,
25 fermented or other alcoholic beverage, or combination of liquors
26 and mixed liquor a part of which is spirituous, vinous,
27 fermented or otherwise alcoholic, including all drinks or
28 drinkable liquids, preparations or mixtures and reused,
29 recovered or redistilled denatured alcohol usable or taxable for
30 beverage purposes which contain more than 0.50% of alcohol by
19870H0668B0728 - 11 -
1 volume, except pure ethyl alcohol and malt or brewed beverages.
2 "Malt or brewed beverages." Any beer, lager beer, ale,
3 porter or similar fermented malt beverage containing 0.50% or
4 more of alcohol by volume, by whatever name such beverage may be
5 called.
6 Section 3. The provisions of this act are severable. If any
7 provision of this act or its application to any person or
8 circumstance is held invalid, the invalidity shall not affect
9 other provisions or applications of this act which can be given
10 effect without the invalid provision or application.
11 Section 4. Section 495(d) of the act of April 12, 1951
12 (P.L.90, No.21), known as the Liquor Code, is repealed.
13 Section 5. This act shall take effect in 60 days.
B23L18VDL/19870H0668B0728 - 12 -