§ 23.23. Notification of results of age compliance check.
A Bureau officer will be responsible for insuring notification is made of the results of the age compliance check to the Board-approved manager or person in charge of the licensed premises.
(1) If the licensed premises is not in compliance, immediate verbal notification will be provided followed by written notification within 10 working days.
(2) If the licensed premises is found to be in compliance, written notification of compliance will be provided within 10 working days.
(3) Verbal and written notification will include the date and time of the compliance check as well as the name of the server if known.
Notes of Decisions Section 23.23(1) does not apply only when the Bureau has to make an effective defense for an underage buyer engaging in the Bureau Age Compliance Check Program. The Bureau is always required to comply with § 23.23(1) without exception because 18 Pa.C.S. § 6308(e) shields an underage buyer engaging in the Bureau Age Compliance Check Program from criminal prosecution. Furthermore, the Bureau is always required to comply with § 23.23(1) because § 23.23(1) mandates without exception that immediate verbal notice must be provided by the Bureau to the licensee who violated the Bureau Age Compliance check Program. Eric’s Sports Bar, Inc. v. Pennsylvania State Police, Bureau of Liquor Control, 6A.3d 663, 667 (Pa. Cmwlth. 2010).
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.
