35: Section III

No. Although it is not a violation of the Liquor Code it is a violation of the Pennsylvania Crimes Code. Section 6310.7 states “A person commits a summary offense if he intentionally and knowingly sells or furnishes nonalcoholic beverages to any person under 21 years of age.” As used in this section, the term “non-alcoholic beverage” means any beverage intended to be marketed or sold as a non-alcoholic beer, having some alcohol content but not more than one-half of one percent (.5%) alcohol by volume. It is also recommended that any legal non-alcoholic drinks that are purchased by minors, such as, virgin daiquiri, etc., should appear differently than their alcoholic counterparts. This can be accomplished by serving them in a different style glass so that they are easily identifiable by all employees.

Pennsylvania law specifically defines a minor as a “person under the age of 21 years.” [1 Pa.C.S.A. § 1991].

The only sure way to tell if someone is under twenty-one (21) is to ask for identification and examine it carefully.

Although there is no legal requirement that a licensee obtain identification prior to providing alcohol service, it is suggested that anyone who looks under the age of thirty (30) should be carded, unless your house rules state otherwise.

There are only five (5) types of ID that are acceptable. They are:

• 1) A valid photo driver’s license issued by the Pennsylvania Department of Transportation or any state.
• 2) A valid photo identification card issued by the Pennsylvania Department of Transportation or any state.
• 3) A Canadian driver’s license or other bona fide Canadian identification, such as a Canadian-issued passport that contains a photograph.
• 4) A valid United States Armed Forces ID card that contains the holder’s photograph.
• 5) A valid passport, passport card or travel visa containing the holder’s photograph.

The licensee should practice using the F.E.A.R. method of carding.

Feel, Examine, Ask, and Return or refuse the identification presented.

The person should feel for any imperfections with the lamination or the addition of a photograph.

They should examine the font, the numbers, state seal or hologram, the background, the expiration date, the date of birth, the driver’s license number, and the photograph – making sure it matches the person handing it to them.

They can ask questions pertaining to the information contained on the ID such as: zip code, address, middle initial, etc.

Even though the ID is considered to be fake, it is not the server’s property. The licensee/server should call the police while still in possession of the ID, and then return it after confirmation.

They may use the ID Checking Guide to aid them. They may also use an ID swipe machine to read the magnetic strip on the back of the ID.

It is recommended that a licensee document each time it cards an individual. In order for a licensee to defend themselves against a charge of sales to minors they must be able to provide that:
(1) The minor was required to produce a valid form of identification as defined by the Liquor Code;
(2) One of the following three (3) forms of documentation were used:
(a) Declaration of Age Card
(b) Photograph, photocopy, or other visual or video representation of the identification card
(c) A transaction scan device

(3) The documents were relied upon in good faith. The Liquor Code states that “no penalty shall be imposed on a licensee, licensee’s employee or Pennsylvania Liquor Store Employee for serving alcohol to a minor if the licensee or employee can establish that the minor was required to produce a valid form of identification and that one of the forms of documentation were used and relied upon in good faith.”

This card is used by the licensee to provide proof of whom it carded and the form of ID presented.

Everyone who is carded should complete the Declaration of Age Card if that is the licensee’s preferred method of proof of carding.

The cards should be kept for a minimum of two (2) years in an index card file.

The general rule in Pennsylvania is that no one younger than age twenty-one (21) may be present in an establishment licensed to sell alcoholic beverages. However, there are five (5) exceptions to the general rule:
1. Minors with parents (“Parent exception”)
2. Minors with legal guardians (“Guardian exception”)
3. Minors under proper supervision (“Proper supervision exception”)
4. Minors attending a social gathering (“Social gathering exception”)
5. Minors at food-oriented establishments (“Pizza Hut exception”)
The training will cover the details of these exceptions in depth.

At the time their supervision leaves, unless the licensee has a stricter house policy saying that the minors have to leave at a certain time.