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GREEN GATE INN LIQUOR LICENSE CASE. (01/21/58)

January 21, 1958

GREEN GATE INN LIQUOR LICENSE CASE.


Appeal, No. 317, Oct. T., 1957, from order of Court of Quarter Sessions of the Peace of Philadelphia County, June T., 1957, No. 1151, in case of revocation of restaurant liquor license No. R-2282, issued to Abraham Steerman, trading as Green Gate Inn. Order affirmed.

COUNSEL

Herman Steerman, with him Richard L. Hahn and William T. Steerman, for appellant.

Russell C. Wismer, Special Assistant Attorney General, Horace A. Segelbaum, Deputy Attorney General, and Thomas D. McBride, Attorney General, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Gunther

[ 185 Pa. Super. Page 215]

OPINION BY GUNTHER, J.

This appeal is from the order of the Quarter Sessions of the Peace of Philadelphia County suspending the operation of appellant's restaurant liquor license for a period of twenty days for violation of the Pennsylvania Liquor Code, 47 P.S. section 4-493 (1).

The Pennsylvania Liquor Control Board issued a citation against Abraham Steerman, trading as Green Gate Inn at 700 South 12th Street in the city of Philadelphia. The citation charged the licensee, his servants,

[ 185 Pa. Super. Page 216]

    agents or employees with selling liquor or malt beverages to visibly intoxicated persons on or about October 12, 1956, and conducting the licensed premises in a noisy and disorderly manner on August 30, 1956 and October 12, 1956. A hearing was held before the liquor control board and appellant was found guilty on both counts. As a result thereof, an order was issued suspending the license for a period of thirty-five days. From this order, appellant took his appeal to the quarter sessions court. On June 26, 1957, a hearing de novo was held in which the court below dismissed the charge of conducting the establishment in a noisy and disorderly manner and sustained the charge of selling to visibly intoxicated persons.

The sole issue raised on this appeal is whether there was sufficient evidence produced to justify the finding that the appellant served malt beverages to visibly intoxicated persons. The testimony of the liquor control board was given by three police officers who were present about the premises on the evening the arrest was made. Two of the police officers testified that they were outside the licensed premises for about twenty minutes and looked through a triangular window in the door and observed two men and a girl who were visibly intoxicated when they were served beer. The officers testified that they entered the premises in a matter of minutes of the time the patrons were served. One person was observed as "glassy-eyed and he had a thick tongue." The other male patron was almost asleep beside a juke box. One of the waiters served beer to the girl patron who at the time had her head between her legs. When the officers entered the premises, the girl was unable to get up, mumbled, could not talk and had to be carried out. From the observations made, both from the outside and upon entering the premises, the police officers expressed the opinion that

[ 185 Pa. Super. Page 217]

    all three patrons were visibly intoxicated. The third officer corroborated the testimony of the other two as to the condition of the patrons at the ...


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