Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 2336 (April 27, 2024).

58 Pa. Code § 163.8. Liquor and drugs.

§ 163.8. Liquor and drugs.

 A licensee or employe of an association or their concessionaires may not:

   (1)  Be under the influence of intoxicating liquor or drug, or both, while within the enclosure of an association.

   (2)  Be in possession of, transfer or deal in an unlawful or dangerous drug within the terms of the criminal and drug control statutes of this Commonwealth.


   The provisions of this §  163.8 amended through February 3, 1978, effective February 4, 1978, 8 Pa.B. 294.

Notes of Decisions

   The rules of racing prohibit a licensee from being under the influence of alcohol or drugs while on the grounds of a racetrack and being in the possession of any unlawful drug. Luzzi v. State Horse Racing Commission, 548 A.2d 659 (Pa. Cmwlth. 1988).

   This section is not a criminal statute and reference to ‘‘terms and meanings of the criminal and drug statutes’’ is reference to ‘‘unlawful or dangerous drug’’ and not to possession. Luzzi v. State Horse Racing Commission, 548 A.2d 659 (Pa. Cmwlth. 1989).

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