Protect Your Business from the Dangers of Selling Alcohol to Minors

Daniel C. Conlon, dconlon@tuckerlaw.com, (412) 594-3951

Selling alcohol to minors is a serious offense that can jeopardize your business. Whether it’s take-out beer, wine, or drinks served on-site, the risks are ever-present. Under Section 493(1) of Pennsylvania’s Liquor Code, 47 Pa. Stat. § 4-493(1), it’s crystal clear:

“It shall be unlawful– (1) . . . For any licensee or the board, or any employee, servant, or agent of such licensee or of the board, or any other person, to sell, furnish, or give any liquor or malt or brewed beverages, or to permit any liquor or malt or brewed beverages to be sold, furnished or given, to any person visibly intoxicated, or to any minor. . .”

Intentions don’t matter when it comes to defending a citation for a sale to a minor—mistakes can be costly. Consider the case of P.L.C.B. v. Abraham:¹ A liquor license was suspended because a 21-year-old bartender served beer to his 19-year-old friend who helped the bartender clean up the bar after it closed. The owner claimed ignorance, but the court held him responsible for his employee’s actions. As a licensee, you bear the responsibility to ensure that no minors are served alcohol on your premises.

Beware: It’s Not Just About Where They Drink—It’s Where They Buy

In the In re Appeal of Old Express² case, minors were found with beer near an Octoberfest party tent. The court determined that if a bartender in that tent knew or should have known that the minors were purchasing alcohol, the licensee could be held liable. Due to uncertainty about where the minors bought their drinks, the court reversed the trial court’s fine and license suspension.

Best Practices: Shield Your Business from Costly Mistakes

Protect your establishment by implementing common-sense strategies:

• Always Verify IDs: Only accept valid photo identification, like a driver’s license, and make sure the person matches the ID. Be extra cautious of fake IDs.
• Use Technology: For wine sales to go, rely on transactional scanning devices. Scan IDs for anyone who looks under 35, keep thorough records of sales, and ensure your employees are RAMP certified.
• Beer to go? Be Diligent: When selling or delivering pre-purchased beer, ensure IDs are thoroughly checked.
• Employee Training is Crucial: Train your staff on the proper use of scanning devices and how to recognize valid IDs. Minors are prohibited from being on the premises without a parent or guardian, even if they’re not drinking.

By following these practices, you can safeguard your business and avoid the severe consequences of selling alcohol to minors.

Need Guidance?

For expert advice on liquor licensing, consult the experienced attorneys at Tucker Arensberg, P.C. We’re here to help you navigate the complexities of alcohol sales law.

1. P.L.C.B. v. Abraham, 541 A.2d 1161 (Pa. Cmwlth. 1988). ↩︎
2. In re Appeal of Old Express from Pa. Liquor Control Board, 453 A.2d 679 (Pa. Commw. 1982). ↩︎