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FUMEA LIQUOR LICENSE CASE. (06/11/58)

June 11, 1958

FUMEA LIQUOR LICENSE CASE.


Appeal, No. 50, April T., 1958, from order of Court of Quarter Sessions of Indiana County, Sept. T., 1957, No. 20, in the matter of the revocation of the restaurant liquor license No. R-4588, and amusement permit No. AP-4085 issued to Harry J. Fumea et ux. Order affirmed.

COUNSEL

Donald M. Miller, for appellants.

George G. Lindsay, Assistant Attorney General, with him Horace H. Segelbaum, Assistant Attorney General, and Thomas D. McBride, Attorney General, for appellee.

Before Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (rhodes, P.j., absent).

Author: Wright

[ 186 Pa. Super. Page 610]

OPINION BY WRIGHT, J.

On May 1, 1956 the Pennsylvania Liquor Control Board granted to Harry J. Fumea and Mary E. Fumea a restaurant liquor license for premises known as Fumea's Tavern situated in Burrell Township, Indiana County. On May 24, 1957 the Board issued a citation to said licensees to show cause why their license should not be revoked and the license bond forfeited by reason of certain alleged violations. After hearing, the Board made an order revoking the license effective as of October 15, 1957. The Fumeas appealed to the Court of Quarter Sessions of Indiana County, which tribunal, after hearing de novo, affirmed the order of the Board. This appeal to the Superior Court followed. The factual

[ 186 Pa. Super. Page 611]

    situation is set forth in the following excerpt from the opinion of President Judge CLARK:

"For some time prior to March 23, 1957, reports had circulated that teenagers were purchasing intoxicating liquors. On March 23, 1957, there was held at the Armory in Indiana what is known as a 'Record Hop'. The Indiana Borough Police and an investigator for the Liquor Control Board attended the 'Record Hop', and found that a number of the teenagers had in their possession quantities of beer. As a result about thirty-five teenagers were questioned, and statements were taken from them concerning the places at which they had purchased beer at various times during the past few months. One of the places that was reported to the investigating officers was the premises known as 'Fumea's Tavern' where the licensees were Harry J. Fumea and Mary E. Fumea...

"At the hearing there were in attendance approximately thirty teenagers who were subpoenaed by the Commonwealth. About half of these testified that on various occasions they had either purchased beer from Harry J. Fumea or a waitress at his place, or that they were present when other teenagers had purchased beer. The mode of operation generally was as follows: The teenagers on either Friday or Saturday night would drive down to the Fumea Tavern and would knock at the back door and make known their wants, and then Harry J. Fumea or his waitress would supply them with whatever beer they ordered. On a few occasions some of the teenagers went into the premises and purchased beer inside, and drank the beer inside. The purchases on the inside were infrequent. The sales from the back door were practically every Friday and Saturday night during the month of December, 1956, January, February and March of 1957. There was no evidence that at any time Mary E. Fumea made any of

[ 186 Pa. Super. Page 612]

    the sales. No one testified to purchasing any liquor, all the purchases were of beer. Most of the teenagers who would do the purchasing were of the age sixteen or seventeen years. There can be no doubt but what Mr. Fumea knew that these people were minors, and that the sales were intentional, deliberate, and that the violation of the law was flagrant. A number of the teenagers testified they were advised by Mr. Fumea to be careful, because he thought maybe they were being watched. At the hearing Mr. Fumea himself went on the stand and denied that he had sold any beer to teenagers. In the opinion of this Court Mr. ...


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