Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

Pennsylvania Code



Subchapter J. MINORS ON LICENSED PREMISES


Sec.


5.321.    Service in establishments primarily serving food.

Authority

   The provisions of this Subchapter J issued under section 207(i) of the Liquor Code (47 P.S. §  2-207(i)), unless otherwise noted.

Source

   The provisions of this Subchapter J adopted January 5, 2007, effective January 6, 2007, 37 Pa.B. 16, unless otherwise noted. (Renumbered July 30, 2010, effective July 31, 2010 at 40 Pa.B. 4254. Immediately preceding text appears at serial pages (325005) to (325006).)

§ 5.321. Service in establishments primarily serving food.

 (a)  Section 493(14) of the Liquor Code (47 P. S. §  4-493(14)) creates several exceptions to the general prohibition of minors being present in licensed premises. One of these exceptions, known as the ‘‘Pizza Hut’’ exception, permits a minor to be present in a restaurant, hotel or retail dispenser (but not a club) licensed premises that has gross sales of food and nonalcoholic beverages equal to at least 50% of its combined gross sales of both food and alcoholic beverages.

 (b)  Licensees qualifying for this exception will not be cited for unlawfully allowing minors to frequent the licensed premises.

 (c)  To qualify for this exception, a licensee will assure that:

   (1)  Minors are not permitted to sit at the bar counter of the premises.

   (2)  Alcoholic beverages are not served to any adult at the table or booth where the minor is seated, unless the minor is also there with a parent, legal guardian or proper supervisor.

   (3)  Sales of food and nonalcoholic beverages at the licensed premises during the preceding 12-month licensing year are at least 50% of the combined gross sales of both food and alcoholic beverages.



No part of the information on this site may be reproduced for profit or sold for profit.


This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.