More PLCB issues?

[lonewolf]

I heard something disturbing at the gig last night. The owner told us that the PLCB intends to start fining the bands and DJs when the licensee is found in violation of the noise rule.

I am doing legal research to find out if the PLCB has juris diction over contracted services that don't involve the sale, transportation or distribution of alcohol.

Here's a little nugget I found while looking this up...you may want to remember this the next time you say something on stage that encourages people to drink up:

SECTION 4-493 (25) EMPLOYMENT IN LICENSED PLACES. It shall be unlawful--For any licensee or his agent, to employ or permit the employment of any person at his licensed hotel, restaurant or eating place for the purpose of enticing customers, or to encourage them to drink liquor, or make assignations for improper purposes.

Any person violating the provisions of this clause shall be guilty of a misdemeanor and, upon conviction of the same, shall be sentenced to pay a fine of not less than one hundred dollars ($ 100), nor more than five hundred dollars ($ 500), for each and every person so employed, or undergo an imprisonment of not less than three (3) months, nor more than one (1) year, or either or both, at the discretion of the court having jurisdiction of the case. The administrative law judge shall have the power to revoke or refuse licenses for violation of this clause.

[slackin@dabass]

SECTION 4-493 (25) EMPLOYMENT IN LICENSED PLACES. It shall be unlawful--For any licensee or his agent, to employ or permit the employment of any person at his licensed hotel, restaurant or eating place for the purpose of enticing customers, or to encourage them to drink liquor, or make assignations for improper purposes.

Any person violating the provisions of this clause shall be guilty of a misdemeanor and, upon conviction of the same, shall be sentenced to pay a fine of not less than one hundred dollars ($ 100), nor more than five hundred dollars ($ 500), for each and every person so employed, or undergo an imprisonment of not less than three (3) months, nor more than one (1) year, or either or both, at the discretion of the court having jurisdiction of the case. The administrative law judge shall have the power to revoke or refuse licenses for violation of this clause.

what a load of horse dookie.

[songsmith]

You know, I think I'd go ahead and allow them to cite me for this. I might even encourage it.

How freaking ludicrous is it that, in a place whose sole purpose is to sell alcoholic beverages, you aren't allowed to encourage selling alcoholic beverages. "Welcome to WalMart. We'd just as soon you didn't buy anything."

Is this rule to keep people from drinking? Isn't drinking the reason people go to bars? Seems unconstitutional as well. I should have the right to say anything I want onstage as part of my 1st Amendment rights.
I don't see how this statute would hold up in court. Call the ACLU.--->JMS

[lonewolf]

Since owning a PLCB license is a privilege and not a right, the rules and regs for licensees are not subject to the Constitution (excepting that a rule or reg is discriminatory.) A licensee doesn't have any explicit rights except those granted by the PLCB.

On the other hand, an unlicensed band or DJ who does not have anything to do with the alcohol business per se, should be immune to PLCB prosecution. I have e-petitioned PLCB Harrisburg for their official legal opinion on this matter.

[songsmith]

I can see limiting alcohol advertising (I don't agree, but I see the argument), but this is word-of-mouth. I think you're totally right in pushing for a definition. I like to think that we should have the right to endorse any product we want, OR criticize it.
Again, I'd tell 'em to slap the cuffs on me. I can afford $500, and if they want to jail me for it, I'd go to the media, who's always looking for the next martyr-for-a-cause. Censorship's a good cause in the media's eyes. Besides, there aren't many jail cells not taken by actual bad guys. They couldn't hold me long.--->JMS

[lonewolf]

I can see limiting alcohol advertising (I don't agree, but I see the argument), but this is word-of-mouth. I think you're totally right in pushing for a definition. I like to think that we should have the right to endorse any product we want, OR criticize it.
Again, I'd tell 'em to slap the cuffs on me. I can afford $500, and if they want to jail me for it, I'd go to the media, who's always looking for the next martyr-for-a-cause. Censorship's a good cause in the media's eyes. Besides, there aren't many jail cells not taken by actual bad guys. They couldn't hold me long.--->JMS

Better call WJAC...WTAJ will bury it.

[moxham123]

Gee, I guess if the band or bartenders announce last call, they are then in violation of this law by enticing patrons to purchase one last drink before the bar closes.

[Banned]

Is this the legal stance they took when they got rid of all the "happy hour" food/appetizer spreads that bars used to put out in the 80"s? Different bars would have different nights they would put out all this free food, and if you knew the circuit, you could go 4 or 5 days with free supper. And some of the appetizers were very tasty.

[EyesOfAnguishbassist]

that is like jumpin in the crick to get away from the rain.. that is the most retarded rule ive evr heard

[bassist_25]

Let me get this straight. The PLCB exists to control liquor sales. Therefore, its very existence is contingent upon the sale of liquor. That is, as long as liquor is being sold, the PLCB has a purpose. In the law, it is written that it's illegal to encourage the sale of liqour. Am I correct to assume that the PLCB is biting the hand that feeds it?

Dear Law School,

I am applying to your excellent institution to earn a JD in hopes that I can change the ass-backwards and fucked up laws of the Pennsylvania Liqour Control Board...

[RobTheDrummer]

Someone should write or petition to disband the PLCB, as it is unnecessary and costs the state money.

[redawg]

So does this mean that if you are sponsored by Jager, Bud or whatever you could get a fine or put in jail if you give away free shirts, hats, key chains or any other kind of alcohol swag? Pretty soon bands won't be allowed to hang their sponsor banners anymore

[slackin@dabass]

....................................................................... i blame obama........................................................................