2016 Pennsylvania Consolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 63 - Minors
Section 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.
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