2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 63 - Minors
6308 - Purchase, consumption, possession or transportation of liquor or malt or brewed beverages.

     § 6308.  Purchase, consumption, possession or transportation of
                liquor or malt or brewed beverages.
        (a)  Offense defined.--A person commits a summary offense if
     he, being less than 21 years of age, attempts to purchase,
     purchases, consumes, possesses or knowingly and intentionally
     transports any liquor or malt or brewed beverages, as defined in
     section 6310.6 (relating to definitions). For the purposes of
     this section, it shall not be a defense that the liquor or malt
     or brewed beverage was consumed in a jurisdiction other than the
     jurisdiction where the citation for underage drinking was
     issued.
        (b)  Penalty.--In addition to the penalty imposed pursuant to
     section 6310.4 (relating to restriction of operating
     privileges), a person convicted of violating subsection (a) may
     be sentenced to pay a fine of not more than $500 for the second
     and each subsequent violation.
        (c)  Preadjudication disposition.--
            (1)  When a person is charged with violating subsection
        (a), the magisterial district judge may admit the offender to
        the adjudication alternative as authorized in 42 Pa.C.S. §
        1520 (relating to adjudication alternative program) or any
        other preadjudication disposition if the offender has not
        previously received a preadjudication disposition for
        violating subsection (a).
            (2)  The use of a preadjudication disposition shall be
        considered a first or subsequent offense, whichever is
        applicable, for the purpose of further adjudication under
        this section or under section 6310.4.
        (d)  Notification.--The police department making an arrest
     for a suspected violation of subsection (a) shall so notify the
     parents or guardian of the minor charged.
        (e)  Exception for compliance checks.--
            (1)  An individual who is under 21 years of age may
        purchase, attempt to purchase, possess or transport liquor or
        malt or brewed beverages if all of the following apply:
                (i)  The individual is at least 18 years of age.
                (ii)  The individual is an officer, employee or
            intern of the Bureau of Liquor Control Enforcement of the
            Pennsylvania State Police.
                (iii)  The individual has completed training
            specified by the bureau.
                (iv)  The individual is acting within the scope of
            prescribed duties.
                (v)  The individual is acting under the direct
            control or supervision of a bureau officer who is an
            adult.
            (2)  Under no circumstances may individuals under 21
        years of age consume liquor or malt or brewed beverages.
            (3)  The Pennsylvania State Police shall promulgate
        regulations prescribing the manner in which compliance checks
        are to be performed. Compliance checks under this subsection
        shall be conducted in a manner consistent with the
        regulations. Regulations shall require, at a minimum, all of
        the following:
                (i)  Prior to participation in the compliance check,
            the officer, employee or intern shall undergo training
            approved by the Bureau of Liquor Control Enforcement.
                (ii)  A person licensed to sell liquor or malt or
            brewed beverages that is found to be in compliance with
            this section during a compliance check shall be notified
            in writing of the compliance check and the determination
            of compliance.
                (iii)  A person licensed to sell liquor or malt or
            brewed beverages that is found to be noncompliant with
            this section during a compliance check shall be
            immediately verbally advised by the supervising bureau
            officer and shall be notified in writing of the failure
            to comply within ten working days of the date of the
            compliance check.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Mar. 25, 1988,
     P.L.262, No.31, eff. 60 days; Mar. 17, 2000, P.L.11, No.4, eff.
     60 days; Dec. 3, 2002, P.L.1144, No.141, eff. 60 days; Nov. 30,
     2004, P.L.1618, No.207, eff. 60 days)

        2004 Amendment.  Act 207 amended subsec. (c)(1). See sections
     28 and 29 of Act 207 in the appendix to this title for special
     provisions relating to applicability and construction of law.
        2002 Amendment.  Act 141 added subsec. (e). Section 2 of Act
     141 provided that subsec. (e) shall expire December 31, 2007,
     unless sooner reauthorized by the General Assembly. Section 2 of
     Act 141 was amended by Act 75 of 2007, amending the expiration
     date of subsec. (e) to December 31, 2017.
        2000 Amendment.  Act 4 amended subsec. (a).
        Cross References.  Section 6308 is referred to in sections
     6310.4, 6310.5, 6310.6, 6313, 9122 of this title; section 1518
     of Title 4 (Amusements); sections 3573, 8902 of Title 42
     (Judiciary and Judicial Procedure); sections 1532, 1553 of Title
     75 (Vehicles).