6308 - Purchase, consumption, possession or transportation of liquor or malt or brewed beverages.

     § 6308.  Purchase, consumption, possession or transportation of                liquor or malt or brewed beverages.        (a)  Offense defined.--A person commits a summary offense if     he, being less than 21 years of age, attempts to purchase,     purchases, consumes, possesses or knowingly and intentionally     transports any liquor or malt or brewed beverages, as defined in     section 6310.6 (relating to definitions). For the purposes of     this section, it shall not be a defense that the liquor or malt     or brewed beverage was consumed in a jurisdiction other than the     jurisdiction where the citation for underage drinking was     issued.        (b)  Penalty.--In addition to the penalty imposed pursuant to     section 6310.4 (relating to restriction of operating     privileges), a person convicted of violating subsection (a) may     be sentenced to pay a fine of not more than $500 for the second     and each subsequent violation.        (c)  Preadjudication disposition.--            (1)  When a person is charged with violating subsection        (a), the magisterial district judge may admit the offender to        the adjudication alternative as authorized in 42 Pa.C.S. §        1520 (relating to adjudication alternative program) or any        other preadjudication disposition if the offender has not        previously received a preadjudication disposition for        violating subsection (a).            (2)  The use of a preadjudication disposition shall be        considered a first or subsequent offense, whichever is        applicable, for the purpose of further adjudication under        this section or under section 6310.4.        (d)  Notification.--The police department making an arrest     for a suspected violation of subsection (a) shall so notify the     parents or guardian of the minor charged.        (e)  Exception for compliance checks.--            (1)  An individual who is under 21 years of age may        purchase, attempt to purchase, possess or transport liquor or        malt or brewed beverages if all of the following apply:                (i)  The individual is at least 18 years of age.                (ii)  The individual is an officer, employee or            intern of the Bureau of Liquor Control Enforcement of the            Pennsylvania State Police.                (iii)  The individual has completed training            specified by the bureau.                (iv)  The individual is acting within the scope of            prescribed duties.                (v)  The individual is acting under the direct            control or supervision of a bureau officer who is an            adult.            (2)  Under no circumstances may individuals under 21        years of age consume liquor or malt or brewed beverages.            (3)  The Pennsylvania State Police shall promulgate        regulations prescribing the manner in which compliance checks        are to be performed. Compliance checks under this subsection        shall be conducted in a manner consistent with the        regulations. Regulations shall require, at a minimum, all of        the following:                (i)  Prior to participation in the compliance check,            the officer, employee or intern shall undergo training            approved by the Bureau of Liquor Control Enforcement.                (ii)  A person licensed to sell liquor or malt or            brewed beverages that is found to be in compliance with            this section during a compliance check shall be notified            in writing of the compliance check and the determination            of compliance.                (iii)  A person licensed to sell liquor or malt or            brewed beverages that is found to be noncompliant with            this section during a compliance check shall be            immediately verbally advised by the supervising bureau            officer and shall be notified in writing of the failure            to comply within ten working days of the date of the            compliance check.     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Mar. 25, 1988,     P.L.262, No.31, eff. 60 days; Mar. 17, 2000, P.L.11, No.4, eff.     60 days; Dec. 3, 2002, P.L.1144, No.141, eff. 60 days; Nov. 30,     2004, P.L.1618, No.207, eff. 60 days)        2004 Amendment.  Act 207 amended subsec. (c)(1). See sections     28 and 29 of Act 207 in the appendix to this title for special     provisions relating to applicability and construction of law.        2002 Amendment.  Act 141 added subsec. (e). Section 2 of Act     141 provided that subsec. (e) shall expire December 31, 2007,     unless sooner reauthorized by the General Assembly. Section 2 of     Act 141 was amended by Act 75 of 2007, amending the expiration     date of subsec. (e) to December 31, 2017.        2000 Amendment.  Act 4 amended subsec. (a).        Cross References.  Section 6308 is referred to in sections     6310.4, 6310.5, 6310.6, 6313, 9122 of this title; section 1518     of Title 4 (Amusements); sections 3573, 8902 of Title 42     (Judiciary and Judicial Procedure); sections 1532, 1553 of Title     75 (Vehicles).