2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 63 - Minors
6310 - Inducement of minors to buy liquor or malt or brewed beverages.

     § 6310.  Inducement of minors to buy liquor or malt or brewed
                beverages.
        (a)  Offense defined.--A person is guilty of a misdemeanor of
     the third degree if he hires or requests or induces any minor to
     purchase, or offer to purchase, liquor or malt or brewed
     beverages, as defined in section 6310.6 (relating to
     definitions), from a duly licensed dealer for any purpose.
        (b)  Minimum penalty.--In addition to any other penalty
     imposed pursuant to this title or other statute, a person
     convicted of an offense under this section shall be sentenced to
     pay a fine of not less than $300. There shall be no authority in
     any court to impose on an offender any lesser sentence than the
     minimum sentence mandated by this subsection. Nothing in this
     section shall prevent the sentencing court from imposing a
     sentence greater than the minimum sentence mandated in this
     subsection. In no case shall the sentence exceed the maximum
     sentence prescribed by law. No court shall have the authority to
     suspend any sentence as defined in this section.
        (c)  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.
     (Mar. 25, 1988, P.L.262, No.31, eff. 60 days; Dec. 3, 2002,
     P.L.1144, No.141, eff. 60 days)

        2002 Amendment.  Act 141 added subsec. (c). Section 2 of Act
     141 provided that subsec. (c) 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. (c) to December 31, 2017.
        Cross References.  Section 6310 is referred to in section
     6310.6 of this title.