This article was originally published in The Pennsylvania Observer / Pennsylvania Beverage Media in June 2024. A pdf version can be found here.
The vast majority of licensees are careful and do not want to engage in sales of alcoholic beverages to underage persons. However, in times of constant economic and staffing changes in the industry, mistakes are made by licensees and their servers.
Sales to underage persons have a strict liability legal standard for licensees. Therefore, the licensee’s intent or a mistake by an employee is never a defense against a citation issued for the sales or the furnishing of alcoholic beverages to a minor.
Use common sense and be diligent. Only accept legally valid identification as proof of age, such as a photo driver’s license. Check the minor’s face to see if it matches up to the photo ID that is offered as proof of age. There are a lot of fake ID cards out there!
Transactional scanning devices must be used by licensees selling wine to go. The photo ID of all patrons appearing to be under 35 years of age must be checked and scanned by an employee on your premises. Make sure that your scanner can retain a record of the sale. The employee must be RAMP certified when selling wine to go. The ID of the patron must be checked at the destination when delivering any pre-purchased beer.
Licensees selling alcoholic beverages for consumption on the licensed premises either indoor or outdoor or to go, must, of course, be vigilant. Give instructions to your employees as to the proper use of the transactional scanning device, and the type of valid ID that may legally be accepted as proof of age. Have your employees become RAMP certified. Also, the Pennsylvania Liquor Code prohibits licensees from allowing minors to be on the licensed premises without a parent or legal guardian even if the minor is not being served any alcoholic beverages.
Consult with your attorney if you have any questions about the procedures to employ to protect your licensed establishment against a citation for sales to underage patrons. Check the Pennsylvania Liquor Control Board (PLCB) advisory notices that have been sent to licensees. Check with the PLCB’s RAMP program to verify that your establishment and your employees are RAMP certified.
