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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | March 13, 2013 03:38 PM |
|---|---|
| From: | Representative James Clay, Jr. |
| To: | All House members |
| Subject: | Co-Sponsorship Request – CLAY - Amending the Liquor Code to Penalize a Licensee and Employee for the Sale of Liquor to a Minor |
| In the near future, I plan to introduce legislation amending the Liquor Code to impose additional penalties to any licensee and employee that furnishes a minor with an alcoholic beverage, and that minor, as a result of the alcohol consumption, is convicted, found guilty, or enters into a plea of guilty or nolo contendere to homicide, murder, manslaughter, or aggravated assault. The trend of underage drinking across the United States, specifically in Pennsylvania, is alarming. According to the Pacific Institute for Research and Evaluation, in 2009, minors consumed 12.5% of all the alcohol sold in this Commonwealth, equaling close to $916 million in sales. Licensees who enable minors to consume alcohol are not only endangering the life of the minor, but also all of the individuals within their presence, since the consequences of the consumption of alcohol can be deadly. In 2011, Christopher Dwaan Spence, 20, was a victim of the deadly consequences of minors consuming alcohol when he was fatally shot at the T&T Bar in Frankford, Pennsylvania, after an unnecessary altercation occurred between minors who were served in the licensed establishment. Prior to his tragic death, Christopher received numerous academic awards and accolades and was prepared to attend to the Thaddeus Stevens College of Technology, prior to his unnecessary death. This talented, young adult, who had a bright future ahead of him, was deprived of fulfilling his dreams, due to the irresponsible actions of licensees and their employees by providing the alcohol to Christopher and other minors. These licensees must be penalized for their negligent behaviors. My legislation would address this issue by further penalizing any licensee that was found to have violated section 493(1) of the Liquor Code, as it relates to the sale of alcohol to minors, and where that minor commits the offense of criminal homicide, murder, voluntary manslaughter, involuntary manslaughter, criminal homicide of a law enforcement officer, aggravated assault, assault of a law enforcement officer, or homicide by vehicle. The offending licensee and employee would be required to pay a fine of up to $10,000 and sentenced to a mandatory minimum sentence of imprisonment of one year. The licensee and employee would be exempt from such fines and imprisonment if the identification card used by a minor identified them as valid by a transaction scan device. Please join me in increasing the fines and penalties imposed on those individuals illegally providing minors with alcoholic beverages, in order to deter such violations from occurring. |