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HOFFCO CORPORATION LIQUOR LICENSE CASE. (04/12/62)

April 12, 1962

HOFFCO CORPORATION LIQUOR LICENSE CASE.


Appeal, No. 28, Oct. T., 1962, from order of Court of Quarter Sessions of Philadelphia County, March T., 1961, No. 1244, in matter of revocation of restaurant liquor license No. R-2052 issued to Hoffco Corporation. Order affirmed; reargument refused May 5, 1962.

COUNSEL

Marvin Allanoff, for appellant.

Russell C. Wismer, Special Assistant Attorney General, with him H. A. Segelbaum and George G. Lindsay, Assisatnt Attorneys General, and David Stahl, Attorney General, for Pennsylvania Liquor Control Board, appellee.

Before Rhodes, P.j., Revin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Flood

[ 198 Pa. Super. Page 2]

OPINION BY FLOOD, J.

The liquor control board suspended the appellant's restaurant liquor license for a period of forty-five days upon a finding of three violations: (1) permitting solicitation for immoral purposes on December 16, 1959; (2) aiding and abetting or furthering an act of prostitution on February 15, 1960; and (3) refilling state store liquor bottles. The court below dismissed the appeal from this order.

As to the first violation Officer DiRuggerio testified that on December 16, 1959, he entered the establishment of the appellant at 1:30 p.m. When Winfred Fonday entered shortly thereafter the officer said to the bartender, "She looks pretty nice", and the bartender said that he would introduce him to her. The officer had a drink and fifteen minutes later the bartender

[ 198 Pa. Super. Page 3]

    called her over, said to her that the officer was a friend of his and asked her to take care of him. She said that she would show him a good time for $25, went to a telephone in the rear of the taproom, and reserved a room in a nearby hotel. She and the officer went together to the hotel room and after she disrobed and accepted the $25, she was placed under arrest.

The argument that this evidence was insufficient because the bartender did not hear the solicitation, and therefore cannot be held to have permitted it, cannot prevail in view of the testimony that the bartender told the girl that the officer was his friend, and asked her to take care of him. There can be no doubt that the solicitation here was "permitted" as that word has been defined by us. Glass Door Liquor License Case, 193 Pa. Superior Ct. 416, 165 A.2d 139 (1960).

As to the second violation, Officer Bowden testified that on February 15, 1960, he went into the premises at 10:30 in the morning and while having a beer started a conversation with the bartender. When he asked him where all the women were, the bartender said there weren't any there at the time but to come back about two o'clock, in the afternoon. The officer left, returned at two o'clock, sat at the bar and had a beer. The bartender told him that "this girl" would be in the bar. Shortly afterwards a girl came in and sat down at the far end. The bartender then whispered to the girl and came back and told the officer to sit down beside her. The officer had previously told the bartender that he was looking for a good time. The officer then told the girl that he was looking for a good time. She said that she would show him a good time for whatever he thought it was worth. He asked the ...


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