Bill Text: PA HB735 | 2009-2010 | Regular Session | Introduced

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Bill Title: Reenacted and amended June 29, 1987 (P.L.32, No.14), further providing for continuing care retirement community retail licenses and for unlawful acts relative to liquor, malt and brewed beverages and licensees.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2009-03-05 - Referred to LIQUOR CONTROL [HB735 Detail]

Download: Pennsylvania-2009-HB735-Introduced.html

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PRINTER'S NO. 821
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 735 Session of2009
INTRODUCED BY CRUZ AND YOUNGBLOOD, MARCH 5, 2009
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 5, 2009
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
reenacted, "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,"
further providing for continuing care retirement community
retail licenses and 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 414(b)(6) of the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, reenacted and amended
June 29, 1987 (P.L.32, No.14), and amended December 8, 2004
(P.L.1810, No.239), is amended to read:
Section 414. Continuing Care Retirement Community Retail
Licenses.--* * *
(b) Licenses issued under this section are restaurant liquor
licenses for all purposes except as provided herein. However,
the following additional restrictions and privileges apply:
* * *
(6) Licenses issued under this section are subject to
section 493(13) relating to employment of minors, with the
exception that the minimum age threshold for employment on
licensed premises shall be reduced from sixteen (16) to fourteen
(14) years of age. The prohibition against minors under the age
of [eighteen (18)] twenty-one (21) dispensing or serving
alcoholic beverages shall remain in effect.
* * *
Section 2. Section 493(13) of the act, amended July 16, 2007
(P.L.107, No.34), 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
otherwise.
It shall be unlawful--
* * *
(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]
twenty-one 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
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regulations minors between the ages of sixteen and [eighteen]
twenty-one 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; 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, 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.
* * *
Section 3. This act shall take effect in 60 days.
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