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GOLDEN BAR (11/16/60)

November 16, 1960

GOLDEN BAR, INC. LIQUOR LICENSE CASE NO. 1.


Appeal, No. 243, Oct. T., 1960, from order of Court of Quarter Sessions of Philadelphia County, May T., 1958, No. 1185, in the matter of revocation of restaurant liquor license and amusement permit issued to Golden Bar, Inc. Order affirmed.

COUNSEL

Stanley M. Greenberg, with him Ochman and Greenberg, for appellant.

Russell C. Wismer, Special Assistant Attorney General, with him George G. Lindsay and Horace A. Segelbaum, Assistant Attorneys General, and Anne X. Alpern, Attorney General, for Pennsylvania Liquor Control Board, appellee.

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

Author: Ervin

[ 193 Pa. Super. Page 401]

OPINION BY ERVIN, J.

This is an appeal from the order of the court below suspending the restaurant liquor license of appellant for a period of 20 days for violation of the board's regulation ยง 110.02, which is as follows: "... D. No licensee shall require, request or permit any person engaged directly or indirectly as an entertainer in the licensed establishment or in any room or place connected therewith, to contact or associate with the patrons in such establishment, room or place for any purpose whatsoever. (A copy hereof shall be constantly

[ 193 Pa. Super. Page 402]

    and conspicuously displayed on the wall of the dressing room or rooms used by such entertainers.)"

An appeal from the decision of the Quarter Sessions Court is in the nature of a certiorari and this Court is only required to review the record to determine whether there is evidence to support the order from which the appeal is taken and to determine whether the court below committed an error of law or abused its discretion: Heights Fire Co. Liquor License Case, 181 Pa. Superior Ct. 56, 121 A.2d 902; Green Gate Inn Liquor License Case, 185 Pa. Superior Ct. 214, 138 A.2d 292.

The validity of regulation 110.02 was determined in Tahiti Bar, Inc. Liquor License Case, Lehigh Casino, Inc. Liquor License Case, 395 Pa. 355, 150 A.2d 112.

The regulation is perfectly clear. It prohibits entertainers from contracting or associating with patrons for any purpose whatsoever.

It is clear from the record that the entertainers were permitted to sit at the bar and drink, thereby inviting fraternization, the ...


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