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MCGRATH v. PENNSYLVANIA LIQUOR CONTROL BOARD (01/21/58)

January 21, 1958

MCGRATH
v.
PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT.



Appeal, No. 224, Oct. T., 1957, from order of Court of Quarter Sessions of Schuylkill County, Sept. T., 1956, No. 25 Misc., in case of Joseph John McGrath et al. v. Pennsylvania Liquor Control Board. Order reversed.

COUNSEL

Robert H. Jordan, Special Assistant Attorney General, with him Horace A. Segelbaum, Assistant Attorney General, and Thomas D. McBride, Attorney General, for appellant.

Joseph W.P. Burke, with him John A. Miernicki, for appellee.

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

Author: Rhodes

[ 185 Pa. Super. Page 188]

OPINION BY RHODES, P.J.

This is an appeal by the Pennsylvania Liquor Control Board from an order of the Court of Quarter Sessions of Schuylkill County modifying the order of the board suspending the restaurant liquor license of Joseph John McGrath and Josephine McGrath and providing that said suspension be reduced from forty-five days to a period of fifteen days.

The board issued a citation against the licensees to show cause why their license should not be revoked and the bond forfeited by reason of the violations alleged therein. After hearing, the board ordered that the license

[ 185 Pa. Super. Page 189]

    issued to the licensees be suspended for a period of forty-five days for the following reasons:

"The licensees, their servants, agents or employes sold, furnished and/or gave liquor and/or malt or brewed beverages to guests or patrons on the following Sundays, May 20 and June 24, 1956.

"The licensees, their servants, agents or employes maintained gambling devices and permitted gambling on the licensed premises on May 20 and June 24, 1956."

The licensees then appealed to the Court of Quarter Sessions of Schuylkill County which, after hearing de novo, modified the order of the board. At the hearing before the court below the evidence clearly established the alleged violations, and licensees did not deny the violations charged ...


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