Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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40 Pa. Code § 5.21. Prohibited employment.

EMPLOYMENT OF OTHERS


§ 5.21. Prohibited employment.

 A retail licensee may not employ in his licensed establishment a person who is precluded by section 493(14) of the Liquor Code (47 P.S. §  4-493(14)) from frequenting the establishment, except minors employed in accordance with § §  5.12—5.14 (relating to employment of minors by retail licensees; employment of minors 18 to 21 years of age by licensees other than retail; and Child Labor Act).

Authority

   The provisions of this §  5.21 amended under section 207(i) of the Liquor Code (47 P.S. §  2-207(i)).

Source

   The provisions of this §  5.21 adopted June 26, 1952; amended through March 17, 1972, 2 Pa.B. 457; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139; amended January 12, 2024, effective January 13, 2024, 54 Pa.B. 145. Immediately preceding text appears at serial page (348101).

Notes of Decisions

   Employment of Criminal

   It was reasonable to infer that a licensee who left her son in charge of a liquor establishment while she was not present was in violation of the Liquor Code because she was aware of his prior criminal convictions and permitting the control of a liquor establishment by a known criminal when there were other individuals present who might have been left in charge instead supports the revocation of the licensee’s permit to serve alcoholic beverages. Liquor Control Board v. Peacock Hotel, Inc., 550 A.2d 258 (Pa. Cmwlth. 1988).



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