A licensee inquired with the PLCB whether they were responsible for reporting to the PLCB that one of the establishment’s bartenders had provided alcohol to an of-age employee who was on the clock.

The PLCB pointed to Section 493(28) of the Liquor Code, which states that it is unlawful for “any licensee, his servants, agents or employees, to consume liquor or malt or brewed beverages while tending bar or otherwise serving liquor or malt or brewed beverages.” That being said, the PLCB continues and shares that “No action shall be taken against a licensee under this clause unless the licensee is the individual
consuming liquor or malt or brewed beverages in violation of this clause.”

So, while a licensee can’t get in trouble for the consumption of alcohol by one of its employees, that doesn’t mean the employee is off the hook. Employees who consume alcohol while serving may be subject to criminal sanctions under the Liquor Code.

But does the licensee need to report the employees? From the advisory opinion:

… the Liquor Code and the Pennsylvania Liquor Control Board’s Regulations do not establish any affirmative responsibilities of the licensee, including requiring the licensee to report the incident, in the event of a violation of section 493(28).

So, no, you don’t have to report the employees, and the PLCB further shares that the licensee can sanction the employees at his or her discretion.

You can read the full advisory opinion here.

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