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APPEAL ENLISTED MEN'S CLUB TRAFFORD. (ENLISTED MEN'S CLUB TRAFFORD LIQUOR LICENSE CASE.) (01/12/50)

January 12, 1950

APPEAL OF ENLISTED MEN'S CLUB OF TRAFFORD. (ENLISTED MEN'S CLUB OF TRAFFORD LIQUOR LICENSE CASE.)


COUNSEL

Andrew G. Uncapher, Special Deputy Attorney General, Horace A. Segelbaum, Deputy Attorney General, T. McKeen Chidsey, Attorney General, for appellant.

Scales & Shaw, A. C. Scales, Greensburg, Carroll Caruthers, Greensburg, for appellee.

Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, and Fine, JJ.

Author: Rhodes

[ 166 Pa. Super. Page 27]

RHODES, President Judge.

On December 14, 1948, the Pennsylvania Liquor Control Board issued citations directed to Enlisted Men's Club of Trafford to show cause why its club license should not be revoked and the license bond forfeited for violations of the Liquor Control Act and regulations of the board alleged in said citations. Hearings upon such citations were held before an examiner of the board at which time the licensee appeared by counsel, and testimony was submitted on behalf of the board and on behalf of the licensee.

The board on April 19, 1949, in its opinion made the following findings:

'1. The licensed organization is not operated for the mutual benefit of the entire membership in that it is operated by and for James J. Todaro and W. L. Todaro.

[ 166 Pa. Super. Page 28]

'2. The licensed organization, by its servants, agents or employes, failed to conduct its business through officers regularly elected.

'3. The licensed organization, by its servants, agents or employes, failed to fulfill the purpose of its charter.

'4. The licensed organization, by its servants, agents or employes, failed to adhere to its by-laws.

'5. The sale of liquor and/or malt or brewed beverages is the primary purpose of the ...


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