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Frequently Asked Questions
Pennsylvania Liquor Control Board
5050 Umbria St.
Philadelphia, PA 19128
Phone: 215-482-9785
URL: https://lcb.pa.gov
PA Legal Age to Consume: 21
PA Legal Age to Serve: 18
PA Legal Age to Pour: 18 Our course MEETS state alcohol seller/server training requirements. RAMP server/seller training approved by the Pennsylvania Liquor Control Board (PLCB).
Additional Info: Pennsylvania has a Dram Shop Law that allows lawsuits against establishments that serve alcohol to intoxicated patrons who then cause harm. Here's a breakdown of the key points:
* **Seller Liability:** Pennsylvania's Dram Shop Law is found in two key statutes:
* **Section 4-493(1) of the Liquor Code:** This statute prohibits licensees (bars, restaurants, liquor stores) from selling or furnishing alcoholic beverages to people who are "visibly intoxicated." If they do so and the intoxicated person causes harm, the establishment could be held liable.
* **Case Law:** Courts in Pennsylvania have also established that liability can apply in some cases if alcohol is served to a minor, even if the minor was not visibly intoxicated at the time.
* **Focus on Visible Intoxication:** The key factor in Dram Shop cases under Pennsylvania law is whether the patron was visibly intoxicated at the time they were served alcohol. This means someone exhibiting clear signs of intoxication such as slurred speech, stumbling, or incoherent behavior.
**Social Host Liability:**
* Pennsylvania Dram Shop Law applies primarily to licensed vendors of alcohol. There is generally no social host liability for providing alcohol to adults of legal drinking age (21 or over) at private gatherings. However, social hosts can be liable in specific situations, such as knowingly serving alcohol to minors.
Here's a table summarizing the key points:
| Scenario | Liability under Pennsylvania Dram Shop Law |
|---|---|
| Bar serves alcohol to a visibly intoxicated patron who causes a DUI accident | Potentially Yes |
| Restaurant continues serving drinks to a guest who is clearly intoxicated and gets into a fight | Potentially Yes (if visibly intoxicated) |
| Person provides alcohol at a party to a friend who is visibly intoxicated and later drives home and crashes | Not Likely (unless the friend is underage) |
**Important to Note:**
* Dram Shop cases can be complex. The specific circumstances, evidence available (such as receipts or witness statements), and the level of intoxication will all play a role in determining liability.
* Consulting with an attorney specializing in personal injury or Dram Shop Law is recommended if you believe you have a case under Pennsylvania's Dram Shop Law. They can evaluate your situation and advise you on the legal options.
Here are some resources for further information:
* Pennsylvania Dram Shop Laws and Social Host Liability for Alcohol-Related Accidents: [https://wilklawfirm.com/blog/bar-dram-shop-liability/](https://wilklawfirm.com/blog/bar-dram-shop-liability/)
* DRAM SHOP/LIQUOR LIABILITY IN PENNSYLVANIA - Margolis Edelstein: dram shop law philadelphia ON Margolis Edelstein margolisedelstein.com]