Pa. St. Police v. Jet-Set Restaurant, LLC (majority)Annotate this Case
In November 2014, officers from the Pennsylvania State Police, Bureau of Liquor Control Enforcement (Bureau) conducted an investigation regarding underage persons present inside appellee Jet-Set Restaurant, LLC (Jet-Set), a licensed establishment located in Reading, Berks County. Bureau officers identified four underage females inside Jet- Set. The officers observed three of the four females enter Jet-Set after providing a doorman with identification that showed they were underage. Bureau officers also observed one of the females purchase a bottle of beer inside Jet-Set and another one of the females consume two bottles of beer purchased by another customer. Bureau officers subsequently learned one of the females had been inside Jet-Set before. The Bureau cited Jet-Set for: (1) permitting minors to frequent the premises in violation of Section 4-493(14) of the Liquor Code (frequenting count); and (2) furnishing alcohol to underage minors in violation of Section 4-493(1) of the Liquor Code, 47 P.S. 4-493(1) (furnishing count). The Bureau appealed the dismissal of the frequenting count, but both the Pennsylvania Liquor Control Board and the Berks County Court of Common Pleas affirmed the dismissal on the basis that “frequent” means “to visit often or to resort to habitually or to recur again and again, or more than one or two visits” and the Bureau had not established a violation based on the isolated occurrence observed by Bureau officers in November 2014. The Pennsylvania Supreme Court granted discretionary review to determine whether the definition of “frequent” set forth in Appeal of Speranza, 206 A.2d 292 (Pa. 1965) continued to apply to Section 4-493(14) of the Liquor Code, 47 P.S. 4-493(14), in light of subsequent amendments to the statute. The Court concluded Speranza still controlled and, accordingly, affirmed the order of the Commonwealth Court.