Two instances of an underage minor being present in an establishment are insufficient to constitute a violation of a portion of the Liquor Code that prohibits a liquor licensee from permitting a minor to frequent its premises, the Commonwealth Court has ruled.
A split three-judge panel issued a memorandum April 13 in Pennsylvania State Police v. Jet-Set Restaurant affirming a trial court’s determination that Jet-Set Restaurant was not in violation of Section 493(14) of the code because there was no evidence to show the business allowed minors to come on the premises on a recurring basis. A 1965 Pennsylvania Supreme Court case determined that to frequent an establishment requires more than one or two visits, and 2003 amendments to the code did nothing to change that meaning, Judge Julia K. Hearthway wrote for the 2-1 majority.
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