This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed. 

Liquor Authority for the State of Pennsylvania

Pennsylvania’s Liquor Authority:

• The Pennsylvania Liquor Authority is the Liquor Control Board.

• The phone number for the Liquor Control Board is (717) 787-5986.
• The website for the Liquor Control Board is: www.lcb.state.pa.us
• The Pennsylvania Legislature is the body responsible for enacting the state’s alcohol laws.

Liquor License and Alcohol Beverage Laws for the State of Pennsylvania

Under Pennsylvania State Law:

• Licensees must uphold all the liquor laws for the state of Pennsylvania.
• Licensees must also be knowledgeable of and abide by any local ordinances as well.
• Licensees and their mangers should keep documentation of any incidents that occur on the premises for at least 2 years (the period of time in which a lawsuit can be filed) by using an Incident Documentation Form. Such records can help provide a defense should a lawsuit be filed.

The following is the service hours for alcoholic beverages in the state of Pennsylvania:

• On-Premise Establishments may sell and service alcohol Monday – Saturday from 7am to 2am. Restaurants are generally granted a Sunday sales permit, which allows service from 11am to 2am.
• Off-Premise and retail store licensees may sell alcohol Monday – Saturday from 9am to 9pm. Some stores may be open till 10pm depending on where they are located. Hours of operation for Sunday are from noon to 5pm. Licensed establishments must be closed on Christmas and Easter. 

Regarding alcohol service restrictions, licensees (and their agents or employees) are prohibited from:

• Serving, selling or offering an unlimited amount of drinks for a fixed price.
• Serving, selling or offering two-for-one drink specials.
• Offering Happy Hour for a period that is longer than 2 consecutive hours or goes later than midnight.
• Increasing the volume of alcohol in a drink without increasing the price of the drink accordingly

Licensees may:

• Offer a special price for a drink and food combination. (Must not violate section 13.102, which pertains to discounting alcoholic drinks.)
• Offer one drink special each day so long as it ends before midnight.

Intoxication

The following terms are defined under Pennsylvania law:

• Visible intoxication: A level of impairment that any person can observe.
• Legally intoxicated: Having a BAC of.08% or higher that is confirmed by a urine, blood or breath test. (A person could be found to be legally intoxicated at .05 if there is evidence that at that level the person’s driving ability was impaired.)
• Basic Equivalency Statement: The following drinks are considered to have the same alcohol content:

o        12-ounces of beer

o        5-ounces of wine

o        1 ½ ounces of 80-proof liquor

It is unlawful to serve or sell alcohol to a visibly intoxicated person and the penalty for the licensee may be:

• A fine in the range of $1,000.00 - $5,000.00.
• The revocation or suspension of the licensee’s liquor license.
• A lawsuit brought against the licensee for civil liability.

It is unlawful to serve or sell alcohol to a visibly intoxicated person and the penalty for the server or seller of alcohol may be:

• Loss of employment.
• A fine up to $5,000.00.
• Possible imprisonment from 3 to 12 months.
• A lawsuit brought against the employee for civil liability.

Pennsylvania’s Responsible Alcohol Management Program

RAMP is a voluntary compliance program in the state of Pennsylvania that:

• Encourages licensees to provide responsible alcohol service training to their employees.
• Provides incentives such as a possible reduction in fines to those licensees that do offer training.

For a licensee to qualify under the RAMP program, they must:

• Provide an orientation for new employees.
• Provide training for all alcohol beverage servers.
• Provide training for all owners and managers.
• Post the Responsible Alcohol Server signage.
• Complete a certification compliance appointment and visit.

Identification

A valid ID in Pennsylvania is one that has not expired. The following forms of identification are generally accepted:

• Driver’s License (50 states)
• State ID (50 states)

• Military ID
• Passport
• Travel Visa

It is unlawful for a minor to possess a false ID or to lie about their age in an effort to obtain alcohol. Possible penalties for doing so include:

• A fine up to $500.00.
• Suspension of the minor’s driver’s license.
  • First offense – 90 days
  • Second offense – 1 year
  • Third or more offenses – 2 years
• Mandatory participation and completion of an alcohol education, intervention or counseling program.

Under Pennsylvania Law:

• As a precaution, it is recommended to card any individual who appears to be under the age of 30.
• If there is still a question as to a person’s age after they have been carded, then the person should be asked to fill out a Declaration of Age Card. The Declaration of Age card:
  • Should be used to document any carding incidents.
  • Can be used to prove that an individual was carded.
  • Will indicate what form of identification the person in question presented.
  • Should be kept on file for a minimum of 2 years.

• Should a licensee be given a citation for serving a minor, the following items may be allowed under Pennsylvania’s Liquor Code as a possible defense:
  • The information from the magnetic strip of an ID swipe machine, which documented information about the ID used.
  • A Declaration of Age Card.
  • Photocopies of any IDs that were presented by the minor.
  • Any videos or photographs of any IDs that were presented by the minor.

Laws Regarding Age in the State of Pennsylvania

Laws regarding age:

• A person must be at least 21 years old to consume alcohol.
• It is illegal to serve, sell or provide alcohol or allow anyone else to provide alcohol to a person under the age of 21.

o        An exception is made when someone provides alcohol to a minor for consumption as part of a religious ceremony or service. The amount may not exceed the portion that is traditionally given and is only allowed in a place of worship or a private home.

• It is also unlawful under the Pennsylvania Crimes Code to sell or provide an imitation alcoholic beverage to a minor such as non-alcoholic beer or wine.
• Employees between the ages of 16 and 18 may be allowed to serve food, bus tables and perform other tasks but may not serve or dispense any alcohol.

It is unlawful for a minor to possess, consume, purchase, or try to purchase any alcohol. Possible penalties for doing so include:

• A fine up to $500.00.
• Suspension of the minor’s driver’s license.
  • First offense – 90 days
  • Second offense – 1 year
  • Third or more offenses – 2 years

The penalty for purchasing alcohol on behalf of a minor may include:

• First violation: a fine of $1,000.00.
• Second violation (or more): A fine of $2,500.00.

Additionally, the person could be held liable for any damages (personal or property) that the minor causes.

It is unlawful to serve or sell alcohol to a minor and the penalty for the licensee may be:

• A fine in the range of $1,000.00 - $5,000.00.
• The revocation or suspension of the licensee’s liquor license.
• A lawsuit brought against the licensee for civil liability.

It is unlawful to knowingly or willfully serve or sell alcohol to a minor and the penalty for the server or seller of alcohol may be:

• A fine.

o        First violation: $1,000.00 fine.

o        Second violation (or more): $2,500.00 fine.

• Possible imprisonment up to 12 months.
• A lawsuit brought against the employee for civil liability.

Minors are prohibited from entering licensed establishments, except:

·         When with a parent or legal guardian.

·         When being supervised by an adult who is at least 25 years old. Proper supervision requires that the person supervising keep the minor or minors within their sight and hearing distance at all times and not perform any other duties of employment (if an employee of the licensee) while supervising. If proper supervision is maintained, then a supervisor may:

• Be in charge of up to 20 minors in a licensed establishment.
• Be in charge of up to 5 minors in those establishments that are located in cities of the first class.
• Be in charge of up to 50 minors if the minors are participating in a school-endorsed event.
• When attending a social gathering on the premises of a hotel, restaurant or club licensee. No adult supervision is required at social gatherings that are exclusively for minors if:

o        There is no alcohol present on the premises.

o        All alcohol is removed from the premises or is locked away securely during the event.

o        48-hour advance written notice is given to the Bureau of Liquor Control Enforcement of the Pennsylvania State Police.

• When at a restaurant or retail dispenser establishment for the purposes of obtaining food (referred to as the Pizza Hut Exception). Under this exception:
  • The licensee must be able to prove that food and non-alcoholic beverages account for 50% or more of their total sales.
  • Minors may only be seated in the dining or take-out areas of the establishment.
  • Alcohol may not be present at the table occupied by the minor or minors unless there is proper supervision by an adult, parent or legal guardian.

ADDENDUM: PENNSYLVANIA’S DRAM SHOP LAW

Section 497. Liability Of Licensees. --

No licensee shall be liable to third persons on account of damages inflicted upon them off of the licensed premises by customers of the licensee unless the customer who inflicts the damages was sold, furnished or given liquor or malt or brewed beverages by the said licensee or his agent, servant or employee when the said customer was visibly intoxicated.