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KEENAN LIQUOR LICENSE CASE. (04/12/62)

April 12, 1962

KEENAN LIQUOR LICENSE CASE.


Appeal, No. 35, Oct. T., 1962, from order of Court of Quarter Sessions of a Schuylkill County, Jan. T., 1960, No. 2, in the matter of revocation of restaurant liquor license issued to Robert and Helen Keenan, trading as Grace's Restaurant. Order reversed.

COUNSEL

Robert H. Jordan, Special Assistant Attorney, General, with him George G. Lindsay and Horace A. Segelbaum, Assistant Attorneys General, and David Stahl, Attorney General, for Pennsylvania Liquor Control Board, appellant.

John J. Curran, for appellees.

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

Author: Ervin

[ 197 Pa. Super. Page 606]

OPINION BY ERVIN, J.

Four minors testified before the Liquor Control Board that they had been served beer by the bartender in the licensed premises of the appellees. The Liquor Control Board found as facts: (1) That employes permitted minors to frequent the licenses, premises on June 17, 1959; and (2) the licensees, their servants, agents or employes, sold, furnished and/or gave or permitted such sale, furnishing or giving of liquor and/or malt or brewed beverages to minors on June 17, 1959. The board also took into consideration the fact that the licensees had twice before suffered suspensions for permitting minors to frequent the licensed premises and for permitting sales of alcoholic beverages to minors. The board revoked the liquor license of the appellees. Upon appeal to the court below a de novo hearing was held, at which it was stipulated that 10 minors were present in the licensed premises on June 17, 1959 and that they were served a malt beverage while they were there. It was also stipulated that three other minors were present in the licensed premises on that date but were not served any malt beverages.

The court below made the following findings of fact:

"1. That on June 17, 1959, the licensees did SERVE a malt beverage to minors.

"2. That on June 17, 1959, the licensees permitted minors to frequent the licensed premises.

"3. That on June 17, 1959, the licensees DID NOT SELL, furnish or give, or permit selling, furnishing or giving of liquor to minors."

[ 197 Pa. Super. Page 607]

The court below then entered an order affirming the board but reducing the revocation of license to a 30-day suspension. ...


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