Subchapter B. EMPLOYEES OF LICENSEES
EMPLOYMENT OF MINORS Sec.
5.11. [Reserved].
5.12. Employment of minors by retail licensees.
5.13. Employment of minors 18 to 21 years of age by licensees other than retail.
5.14. Child Labor Act.
5.15. [Reserved].
5.16. [Reserved].
5.17. [Reserved].
5.18. [Reserved].
EMPLOYMENT OF OTHERS
5.21. Prohibited employment.
5.22. Employment of licensees.
5.23. Appointment of managers.
Source The provisions of this Subchapter B adopted June 26, 1952, amended through March 17, 1972, 2 Pa.B. 457, unless otherwise noted.
EMPLOYMENT OF MINORS
§ 5.11. [Reserved].
Authority The provisions of this § 5.11 deleted under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 5.11 adopted June 26, 1952; amended through March 17, 1972, 2 Pa.B. 457; amended January 31, 1975, effective February 1, 1975, 5 Pa.B. 193; deleted January 12, 2024, effective January 13, 2024, 54 Pa.B. 145. Immediately preceding text appears at serial page (334002).
§ 5.12. Employment of minors by retail licensees.
Reference is directed to section 493(13) of the Liquor Code (47 P.S. § 4-493(13)), which details the requirements for the employment of minors by retail licensees.
Source The provisions of this § 5.12 adopted June 26, 1952; amended through March 17, 1972, 2 Pa.B. 457; amended July 8, 1977, effective July 9, 1977, 7 Pa.B. 1889. Immediately preceding text appears at serial page (19145).
Cross References This section cited in 40 Pa. Code § 5.21 (relating to prohibited employment).
§ 5.13. Employment of minors 18 to 21 years of age by licensees other than retail.
Reference is directed to section 493(27) of the Liquor Code (47 P.S. § 4-493(27)), which details the employment of minors by certain licensees other than retail.
Source The provisions of this § 5.13 adopted June 26, 1952; amended through March 17, 1972, 2 Pa.B. 457; amended July 8, 1977, effective July 9, 1977, 7 Pa.B. 1889. Immediately preceding text appears at serial page (19145).
Cross References This section cited in 40 Pa. Code § 5.21 (relating to prohibited employment).
§ 5.14. Child Labor Act.
Reference is directed to the Child Labor Act (43 P.S. § § 40.1—40.14), which establishes general limitations on the employment of minors and specifically addresses the employment of minors where alcoholic beverages are produced, sold or dispensed.
Authority The provisions of this § 5.14 amended under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 5.14 adopted June 26, 1952; amended through March 17, 1972, 2 Pa.B. 457; amended January 12, 2024, effective January 13, 2024, 54 Pa.B. 145. Immediately preceding text appears at serial page (410425).
Cross References This section cited in 40 Pa. Code § 5.21 (relating to prohibited employment).
§ 5.15. [Reserved].
Source The provisions of this § 5.15 adopted June 26, 1952; amended through March 17, 1972, 2 Pa.B. 457; reserved August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial page (205138).
§ 5.16. [Reserved].
Source The provisions of this § 5.16 adopted January 31, 1975, effective February 1, 1975, 5 Pa.B. 193; amended June 18, 1982, effective July 1, 1982, 12 Pa.B. 1860; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432; amended January 19, 2001, effective January 20, 2001, 31 Pa.B. 430; reserved May 16, 2008, effective May 17, 2008, 38 Pa.B. 2250. Immediately preceding text appears at serial pages (307788) and (308167).
Notes of Decisions Full Time
A designated manager and licensee who returned to his full-time job with a school district, violated this section which requires the designated manager of a Board-Licensed establishment devote full time to the licensed premises and that he cannot have any other employment while managing the licensed premises without the approval of the Board. Liquor Control Board v. Mignogna, 548 A.2d 689 (Pa. Cmwlth. 1988).
Cross References This section cited in 37 Pa. Code § 23.1 (relating to definitions).
§ 5.17. [Reserved].
Authority The provisions of this § 5.17 deleted under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 5.17 adopted January 31, 1975, effective February 1, 1975, 5 Pa.B. 193; deleted January 12, 2024, effective January 13, 2024, 54 Pa.B. 145. Immediately preceding text appears at serial page (410426).
Cross References This section cited in 37 Pa. Code § 23.1 (relating to definitions).
§ 5.18. [Reserved].
Authority The provisions of this § 5.18 deleted under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 5.18 adopted January 31, 1975, effective February 1, 1975, 5 Pa.B. 193; deleted January 12, 2024, effective January 13, 2024, 54 Pa.B. 145. Immediately preceding text appears at serial page (348101).
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).
§ 5.22. Employment of licensees.
(a) A license to manufacture, transport or sell liquor, malt or brewed beverages and alcohol, is a personal privilege to be exercised only by the individual to whom the license is issued. The operation of a licensed business generally requires the full-time attention of the licensee.
(b) An individual holding a Distributor or Importing Distributor License may not be employed in other work, or, as provided in section 492(12) of the Liquor Code (47 P.S. § 4-492(12)), engage in another business, on or off the licensed premises, without Board approval. If the license is issued in the name of a partnership, the Board may permit the partners, except one, to have outside employment. The partnership shall first secure written permission from the Board before its members may be employed in an occupation or enterprise other than the licensed business.
Source The provisions of this § 5.22 adopted June 26, 1952; amended through March 17, 1972, 2 Pa.B. 457; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial page (205140).
§ 5.23. Appointment of managers.
(a) The operation of a licensed business requires a manager. A licensee shall appoint an individual as manager for each licensed establishment. The manager shall devote full time and attention to the licensed business and may not be employed or engaged in another business unless prior written approval is obtained from the Board.
(b) An individual licensee holding multiple licenses may designate himself as manager of only one licensed establishment. If a license is held by more than one individual, the manager may be one of the individuals or another person the licensee may designate.
(c) The manager appointed by a licensee shall be a reputable person. The licensee shall notify the Board in writing of the name and home address of the manager and the date and place of birth. If there is a change of manager, the licensee shall give the Board written notice within 15 days of the change together with full information for the new individual who is appointed as manager. Each notice of the appointment of a manager or notice of a change of manager shall be accompanied by the appropriate fee as follows:
(1) When a background investigation is conducted to obtain or verify information regarding an individual appointed as manager, a total fee of $135 will be assessed by the Board.
(2) If the designated manager is currently a Board-approved officer, member, partner or shareholder of that licensee, a fee of $60 will be assessed by the Board.
(c.1) The appointed manager shall submit a criminal history record information check to the Board, under § 3.35 (relating to persons from whom criminal history record information checks are required).
(d) An individual may not act in the capacity of manager after the licensee has been notified that the individual has been disapproved by the Board.
(e) Approval by the Board of a manager will not exempt the licensee from the penalties provided by law and this title for violations committed in the licensed establishment or in the course of the operation of the licensed business.
(f) The Board may rescind the approval of an appointment of a manager at any time for any cause which it deems sufficient.
(g) In the event of:
(1) Illness or extended vacation of a manager, the Board may approve the appointment of a manager for a period not to exceed 30 days. In case of emergency, the approval may be extended upon written request of the licensee.
(2) Death of the licensee that leaves the licensed business without a manager, the surviving spouse or the decedent’s personal representative shall, within 15 days of the death of the licensee, either appoint an individual as manager in accordance with this section or return the license to the Board to be held in safekeeping in accordance with § 7.31 (relating to surrender of licenses in certain cases).
(h) The licensee, without Board approval, may designate one of its employees as the person in charge of the business for a period of time not to exceed 15 calendar days, when the manager is absent from the licensed premises.
(i) A club manager or steward may engage in employment outside his duties as manager or steward except as provided in section 4-493(11) of the Liquor Code (47 P.S. § 4-493(11)).
(j) If approved by the Board, management contracts may permit the manager for the licensed premises to be employed by the management company; however, the licensee shall have unfettered discretion in all aspects of management of the licensed business, including the employment of the manager and sales of food, alcoholic and nonalcoholic beverages. The licensee’s discretion includes control of the manager’s hiring, firing, discipline, salary and duties. The manager is an agent of the licensee.
Authority The provisions of this § 5.23 amended under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 5.23 adopted June 26, 1952; amended through March 17, 1972, 2 Pa.B. 457; amended June 18, 1982, effective July 1, 1982, 12 Pa.B. 1860; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139; amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2250; amended March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149; amended January 12, 2024, effective January 13, 2024, 54 Pa.B. 145. Immediately preceding text appears at serial pages (348102) and (410427).
Notes of Decisions It is not an abuse of the discretion of the Board to deny an application to appoint a new manager, when the proposed new manager had been arrested nine times for misdemeanors in a six-year period and had been convicted twice. In re Irene’s Cafe, Inc., 404 A.2d 707 (Pa. Cmwlth. 1979).
Manager
Where ‘‘friends’’ were given the authority and the responsibility to oversee and direct operations at the licensed premises, they were acting as its ‘‘managers.’’ In re Moeroe Corp., 64 Pa. D. & C.2d 499 (1974).
Cross References This section cited in 37 Pa. Code § 23.1 (relating to definitions); 40 Pa. Code § 3.35 (relating to persons from whom criminal history record information checks are required); and 40 Pa. Code § 5.408 (relating to additional Board-approved locations).
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.
