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GLASS DOOR LIQUOR LICENSE CASE. (11/16/60)

November 16, 1960

GLASS DOOR LIQUOR LICENSE CASE.


Appeal, No. 210, Oct. T., 1960, from order of Court of Quarter Sessions of Philadelphia County, April T., 1958, No. 1184, in matter of revocation of restaurant liquor license No. R-416 issued to Manber Corporation, trading as The Glass Door. Order reversed.

COUNSEL

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, appellant.

Samuel Kagle, for appellee.

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

Author: Woodside

[ 193 Pa. Super. Page 418]

OPINION BY WOODSIDE, J.

This appeal was taken by the Pennsylvania Liquor Control Board from an order of the Court of Quarter Sessions of Philadelphia reversing the board's order which revoked the restaurant liquor license of Manber Corporation.

The board found that "The licensee, by its servants, agents or employes permitted entertainers to contact and/or associate with patrons on the licensed premises, on May 29 and 30, 1957." The appellee had a record of previous citations and suspensions.

A Philadelphia police officer testified before the board as follows: "On Wednesday May 29, 1957, about 12:30 a.m., I entered the Black Cat Cafe, as it was known, and was seated at the bar and ordered a drink. At this time, a show was going on and a girl by the name of Sandra was performing. After she finished she came down and sat alongside of me and said, 'hello honey, how are you doing?' I said, all right. She said, 'We could have a good time together.' I said that would be all right by me, where would we go. She said the Gladstone Hotel. She left me then and went and sat with someone else. At that time, Felix, the bartender, known to me as Phil - he had introduced himself before that - came over and said he would introduce me to something nice. He introduced me to Doris, a light skinned colored girl, also an entertainer. I sat there with her and she said, 'what is the matter honey, I don't believe you want me, I think you want Sandra.' I left the bar at that time.

"On Wednesday night, May 29, 1957, the same date, but in the evening, about 10:30 p.m. I entered the Black Cat again. I took a position at the bar and ordered a drink. At that time, Sandra came over and said she was sorry she had left me the night before, but said we could still have a good time together. I

[ 193 Pa. Super. Page 419]

    said, that will be all right by me. I asked where and she said the Gladstone Hotel. She said, stay around until closing time. I said I could not stay until closing time and she said come back about 1:30 a.m. I left and about 2:20 a.m. the following morning, which would be May 30, I re-entered and Sandra came over and took a seat beside me and said we can have a good time now. She said, you go to the hotel - I will write the hotel down on a piece of paper and I will give you the 'phone number of this place and when you get to the hotel and get a room, you call me. I went to the Gladstone Hotel and registered in room 29B. ... I registered and got room 29B and made a telephone call to the number she gave me. A female voice answered and identified herself as Sandra. I said I had room 29B and she said, stay there. I waited until 4:15 a.m. when a knock came on the door and Sandra entered. She said, 'now we are alone, we can have a good time together.' I said, that is all right and she said, what is the matter, might it be the money? I said maybe. She said would fifty dollars be all right and I said, yes. I gave her fifty dollars and asked what I was going to get for the fifty dollars and she said, we are going to have a good time. She disrobed down to her panties and I identified myself and placed her under arrest."

The president of the corporate licensee testified that he did not require, request or permit entertainers to contact or associate with patrons, and that he posted the board's ...


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