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05/20/2024 11:29 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=12135
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House Co-Sponsorship Memoranda

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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: March 13, 2013 03:45 PM
From: Representative James Clay, Jr.
To: All House members
Subject: Co-Sponsorship Request – CLAY- Further Penalizing Licensees that Permit Minors to Frequent Premises
 
In the near future, I plan to introduce legislation that will amend the Liquor Code and require the imposition of additional fines and penalties on licensees that repeatedly permit minors to frequent the licensed establishment.

In Pennsylvania, we have enacted strict penalties against those individuals that provide minors with alcoholic beverages, as minors obtaining alcohol can have devastating consequences. In addition to establishing laws regulating the sale of alcohol, Pennsylvania law specifically restricts licensees from permitting minors to frequent a licensed establishment. Currently, Pennsylvania law does provide for exemptions to this regulation, such as in instances of the minor being properly chaperoned, for specific social gatherings, or if the licensee has met specific qualifications allowing for the presence of minors, which is known as the “Pizza Hut” exception. It is imperative that we, as lawmakers, ensure that licensees are aware of the consequences of illegally permitting minors in such establishments, especially those licensees repeatedly violating this law.

My legislation would address this issue by amending the Liquor Code to further penalize any licensee that is a second or subsequent offender of violating section 493(14) by permitting minors to frequent the licensed establishment. Specifically, my legislation would require the administrative law judge to immediately suspend or revoke the license or impose a fine of not less than $1,000 nor more than $5,000, or both, in addition to the established penalties set forth in the Liquor Code, for any second or subsequent offense.

Please join me in ensuring that licensees are fully penalized for providing minors with the opportunity to be exposed to alcohol, as such exposure could increase the ability for minors to consume alcohol.