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It is against the law for retail licensees to permit minors to on its licensed premises, or any premises operated in connection therewith, unless the minors are accompanied by a parent or legal guardian, or are under proper supervision.
“Proper supervision” consists of is a person twenty-five (25) years of age or older, who is directly responsible for the care and conduct of a minor or minors while on the licensed premises, and who keeps the minor or minors within his or her sight or hearing. If the licensee, an employee of a licensee or anyone else paid by the licensee is performing as proper supervisor then that person may not perform any other employment-related duties; otherwise proper supervision shall consist of unpaid volunteers.
In all areas of Pennsylvania, except Philadelphia, each proper supervisor can supervise up to twenty (20) minors, unless the minors are on the premises as part of a school-endorsed function, in which case each proper supervisor can supervise up to fifty (50) minors. In Philadelphia, each proper supervisor can supervise only five (5) minors at one time.
Another exception, known as the “Pizza Hut” rule, applies only to restaurant, hotel and eating-place licensed establishments whose sales of food and non-alcoholic beverages equal fifty percent (50%) or more of their sales of food and alcoholic beverages. If a minor goes to such an establishment, the minor does not need to be accompanied by a parent or legal guardian, or be under proper supervision. Under this exception, minors can frequent any portion of the licensed premises except the bar area or any table where alcoholic beverages are being served.
Finally, minors may be present on retail licensed premises if they are attending a social gathering. A social gathering means “events marketed to or catering to minors in whole or in part for which proper notice has been provided to the Pennsylvania State Police, Bureau of Liquor Control Enforcement (“Bureau”), and at which time no alcohol is served and all alcohol is removed or secured by lock and key at the licensed premises. Written notice must be given to the Bureau at least forty-eight (48) hours in advance of a social gathering.
