PRINTER'S NO. 280
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
349
Session of
2023
INTRODUCED BY BARTOLOTTA AND HAYWOOD, FEBRUARY 10, 2023
REFERRED TO LAW AND JUSTICE, FEBRUARY 10, 2023
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled "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," in
licenses and regulations and liquor, alcohol and malt and
brewed beverages, 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, 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
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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 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 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[;] and an organization
that has been established as a nonprofit organization under 26
U.S.C. ยง 501(c)(3) (relating to exemption from tax on
corporations, certain trusts, etc.) operating in a city of the
second class that provides educational programming designed to
provide culinary and life skills, together with support services
and resources, to criminal-justice-system-involved juveniles and
young adults may employ minors 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,
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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.
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