Form Lcb-89 - Participant Manual - Commonwealth Of Pennsylvania Page 34
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41MINORS FREQUENTING
1. Is a spouse considered a
Not only is it illegal to sell or furnish alcohol to minors, it is generally unlawful
legal guardian?
for any hotel, restaurant, or club licensee, or any retail dispenser licensee,
or their servants, agents, or employees to permit minors to be present on or
frequent the licensed premises for any reason whatsoever. The exceptions to
this general rule are as follows:
A.
Minors may be permitted on the premises of a hotel, restaurant, or
club license or any retail dispenser if the minor is in the company of:
2. Can a bartender provide
proper supervision while
1. A parent—a parent is a parent;
tending bar?
2. A court appointed legal guardian—this person takes the place of
a parent and has legal documentation to prove that; or
3. Under “proper supervision”—a person who is 25 years of age
or older, who is directly responsible for the care and conduct of the
minor(s) while on the licensed premises, and who keeps the minor(s)
within his or her sight or hearing at all times. If the licensee or employee
3. What is the ratio of
is acting as proper supervision, then that person may not perform any
supervisors to minors?
other employment-related duties.
B.
Another exception is limited to restaurant, hotel, or retail dispenser
licensees only (not clubs). It is often referred to as the Pizza Hut
Exception. This exception allows minors to frequent a licensed
premises for the purpose of eating food or drinking nonalcoholic
beverages without needing any supervision. All of the following
conditions must be met:
KEY FACTS:
1. The licensee must be able to demonstrate that 50% or more of
Minors frequenting does not
their total gross sales is food and nonalcoholic beverages.
apply to:
2. The minors must not be seated at the bar section of the
Limited Wineries
establishment.
3. Alcoholic beverages may not be served at the table or booth at
Distributors
which the minor is seated unless the minor is with a parent, legal
Importing Distributors
guardian, or under “proper supervision” as previously defined.
Public Venues
C.
The final exception to the prohibition of minors frequenting is
Performing Arts Facilities
applicable to hotel, restaurant, retail dispenser, or club licensees for a
Social Gathering, even if the gathering is exclusively for minors. In
Unlicensed areas of a golf
order to permit such conduct, ALL of the following must apply:
course
1. No alcohol may be served anywhere on the licensed premises.
Unlicensed areas of bowling
2. All alcohol must either be removed from the premises or secured
alleys
under lock and key during the social gathering.
The Pizza Hut Exception
3. Written notice must be provided to the Pennsylvania State Police,
does not apply to private club
Bureau of Liquor Control Enforcement, at least forty-eight (48)
licenses.
hours in advance of the event.
If a minor is attending a social
gathering as defined, no other
adult supervision is required
for the event.
30
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