THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DONATUCCI, BEYER, BRENNAN, CALTAGIRONE, CLYMER, DeLUCA, FABRIZIO, FLECK, GERBER, HESS, HORNAMAN, KORTZ, KOTIK, MUSTIO, O'NEILL, QUINN, SIPTROTH, K. SMITH, STABACK, VULAKOVICH AND WATSON, JANUARY 28, 2009

REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 28, 2009  

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "An act relating to alcoholic liquors, alcohol and

malt and brewed beverages; amending, revising, consolidating

and changing the laws relating thereto; regulating and

restricting the manufacture, purchase, sale, possession,

consumption, importation, transportation, furnishing, holding

in bond, holding in storage, traffic in and use of alcoholic

liquors, alcohol and malt and brewed beverages and the

persons engaged or employed therein; defining the powers and

duties of the Pennsylvania Liquor Control Board; providing

for the establishment and operation of State liquor stores,

for the payment of certain license fees to the respective

municipalities and townships, for the abatement of certain

nuisances and, in certain cases, for search and seizure

without warrant; prescribing penalties and forfeitures;

providing for local option, and repealing existing

laws,"further providing for unlawful acts relative to liquor,

malt and brewed beverages and licensees.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 493(13) of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, reenacted and amended

June 29, 1987 (P.L.32, No.14) and amended July 16, 2007 (P.L.

107, No.34), is amended to read:

Section 493.  Unlawful Acts Relative to Liquor, Malt and

Brewed Beverages and Licensees.--The term "licensee," when used

in this section, shall mean those persons licensed under the

provisions of Article IV, unless the context clearly indicates

otherwise.

It shall be unlawful--

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(13)  Retail Licensees Employing Minors. For any hotel,

restaurant or club liquor licensee, or any retail dispenser, to

employ or to permit any minor [under the age of eighteen] to

concurrently dispense and serve any alcoholic beverages or to

employ or permit any minor under the age of sixteen to render

any service whatever in the licensed premises, nor shall any

entertainer under the age of eighteen be employed or permitted

to perform in any licensed premises in violation of the labor

laws of this Commonwealth: Provided, That minors between the

ages of eighteen and twenty-one may be employed to serve

alcoholic beverages, provided that they do not concurrently

dispense the alcoholic beverages; and Provided further, That in

accordance with board regulations minors between the ages of

sixteen and eighteen may be employed to serve food, clear tables

and perform other similar duties, not to include the dispensing

or serving of alcoholic beverages. A ski resort, golf course or

amusement park licensee may employ minors fourteen and fifteen

years of age to perform duties in rooms or areas of the licensed

premises; however, such minors may not perform duties in rooms

or areas in which alcohol is being concurrently dispensed or

served or in which alcohol is being concurrently stored in an

unsecured manner. Notwithstanding any provisions of law to the

contrary, a hotel, restaurant or club liquor licensee or any

retail dispenser may allow students receiving instruction in a

performing art to perform an exhibition if the students are not

compensated and are under proper supervision. Written notice of

the performance must be provided to the enforcement bureau prior

to the performance.

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Section 2.  This act shall take effect in 60 days.