Appeal, No. 417, Oct. T., 1958, from order of Court of Quarter Sessions of the Peace of Philadelphia County, April T., 1958, No. 1183 (Miscellaneous Liquor Docket), in the matter of revocation of restaurant liquor license No. R-9553 and amusement permit No. AP-5106, issued to Albud, Incorporated, trading as The Wedge. Order affirmed.
Stanley M. Greenberg, with him Ochman and Greenberg, for appellant.
Russell C. Wismer, Special Assistant Attorney General, with him Horace A. Segelbaum, Assistant Attorney General, and Thomas D. McBride, Attorney General, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, and Watkins, JJ. (ervin, J., absent).
[ 188 Pa. Super. Page 636]
This is an appeal by Albud, Inc., trading as "The Wedge," from the order of the Court of Quarter Sessions of Philadelphia County, affirming the suspension of a restaurant liquor license.
Appellant was cited by the Pennsylvania Liquor Control Board for violating Regulation 110 of the board which prohibits descriptive posters, pictures, placards, signs, flags, etc. on the outside of the licensed premises except for one 3 foot by 5 foot sign; for not operating a bona fide restaurant; and for employing females for the purpose of enticing customers or for encouraging them to drink malt or brewed beverages.
The board suspended the appellant's license for a period of sixty days.
The court below, upon appeal, held that the evidence failed to sustain the charge that appellant employed women to encourage customers to purchase beverages and affirmed the board upon the other two counts. The court, thereupon, modified the order of the board by reducing the suspension period from 60 to 40 days.
Appellant contends that the evidence was insufficient to warrant a finding that the licensed establishment was not a bona fide restaurant within the provisions of the liquor code.
[ 188 Pa. Super. Page 637]
Upon direct examination, John Kokolus, enforcement officer of the Liquor Control Board, testified: "We entered the premises and proceeded to the second floor where I met Mr. Bertram Ottenberg, the President of this corporation, and asked him to show me the kitchen. He showed me a room measuring 10 ft. by 4 ft., which contained a stored Warner toaster and 10 pieces of china dishes. There were about 12 sandwiches in a refrigerated beer case behind the bar. Mr. Ottenberg stated that this was the only kitchen they ...