With high school prom season approaching, hoteliers and liquor licensees must take note of their special responsibilities concerning minors. The sale or furnishing of alcoholic beverages to a minor in Pennsylvania can result not only in an administrative citation against a licensee, resulting in a fine, suspension or revocation of its license, but also criminal liability against the manager or officers of the licensee. The offense is one of absolute responsibility with only one proper defense: the licensee must comply fully with the requirements of the Liquor Code, receiving an LCB card or a Pennsylvania driver’s license from the patron and having the patron sign a statement card provided pursuant to LCB regulations.

Any area used for a prom or other gathering exclusively for minors must be segregated from the remainder of the licensed premises. If the area cannot be segregated, all alcoholic beverages either must be removed from the licensed premises or placed under lock and key during the event. Proper supervision must be provided on that portion of the licensed premises where minors are present. This requirement entails one person twenty-five years of age or older for every fifty minors or portion thereof. These adults are directly responsible for the care and conduct of such minors while on the licensed premises, and the minors must be within their sight or hearing at all times. The presence of the licensee or of any employees or security officers of the licensee does not constitute proper supervision.

Rooms should not be rented to unsupervised minors overnight. Persons under age eighteen may not be able to legally contract or be obligated for their debts. Further, there exists a certain degree of risk of property damage due to the inherent excitement of the occasion. Hoteliers who are concerned about such issues may be comforted to know that the Pennsylvania Human Relations Act does not prohibit the proprietor of a place of public accommodation from denying such accommodation to a minor on account of his or her age. Nor do the federal acts prohibit such denial.

While proms are a festive time for high school students, for hoteliers and restaurateurs, the season demands that extra care be taken to avoid liability.