Not only is it illegal to sell or furnish alcohol to minors, it is generally unlawful for any hotel, restaurant or club licensee or any retail dispenser licensee or their servants, agents or employees to permit minors to be present on or frequent the licensed premises for any reason whatsoever. The exceptions to this general rule are:
A. Minors may be permitted on the premises of a hotel, restaurant, club or any retail dispenser if the minor is in the company of:
- A parent – the parent must be 21 years of age or older.
Ex: A 21-year-old parent can come into an establishment with their 2-year-old child and sit wherever they like and consume alcohol, simply because they are the parent. Keep in mind; if smoking is permitted in your establishment, this would not be permissible.
2. A court appointed legal guardian – is an individual who has been granted authority by the court to care for a minor.
Ex: A grandmother gets legal custody of their grandchild because the child’s parents are deceased.
3. Under “proper supervision” – a person who is 25 years of age or older who is directly responsible for the care and conduct of the minor(s) while on the licensed premises, and who keeps the minor(s) within his/her sight or hearing at all times. If the licensee, an employee of a licensee or anyone else paid by the licensee is performing as proper supervisor, then that person may not perform any other employment-related duties; otherwise, proper supervision shall consist of unpaid volunteers.
Ex: I am 26 years old and I am watching my 3-year-old niece. I can enter a licensed establishment, sit wherever I choose, and consume alcohol, providing I am in a non-smoking establishment. If smoking were permitted, I could not enter with the 3-year-old.
Ex: I am 30 years old and coach Little League. After the championship game, my assistant coach, who is 35, and I take the team to eat. There are 23 players on the team and 2 coaches over age 25. It would be permissible for us to enter a licensed establishment to eat, as long as we are not in Philadelphia. In Philadelphia, 5 supervisors would be required.
KEY FACT:
Minors frequenting does not apply to:
- Limited Wineries
- Distributors
- Importing Distributors
- Public Venues
- Performing Art Facilities
- Ski Resorts
- Unlicensed areas of a golf course
- Unlicensed areas of bowling alleys
- Casino License Holders (Not a casino with a Restaurant (R) license)
A link to continue to the next page will appear here when this time has elapsed.