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PRICE BAR (06/11/64)

June 11, 1964

PRICE BAR, INC. LIQUOR LICENSE CASE.


Appeal, No. 29, Oct. T., 1964, from order of Court of Quarter Sessions of Philadelphia County, March T., 1963, No. 1348, in re revocation of license of Price Bar, Incorporated.Order affirmed.

COUNSEL

Thomas J. Shannon, Assistant Attorney General, with him I. Harry Checchio, Special Assistant Attorney General, and Walter E. Alessandroni, Attorney General, for Pennsylvania Liquor Control Board, appellant, submitted a brief.

Charles Basch, with him I. Leonard Hoffman and Charles R. Weiner, for appellees.

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

Author: Watkins

[ 203 Pa. Super. Page 483]

OPINION BY WATKINS, J.

This appeal is by the Pennsylvania Liquor Control Board from an order of the Court of Quarter Sessions for the County of Philadelphia reversing an order of the Board that revoked the restaurant liquor license of appellee, Price Bar, Incorporated.

The facts appear to be as follows: Price Bar, Inc., is a Pennsylvania corporation and the holder of a restaurant liquor license for many years. In 1963 one Harold Oxman, and one John R. Daly, were the two principal stockholders of the corporation; Daly serving as President and as a director, and Oxman also was an officer and director with others.

In January, 1963, Daly was convicted of pool selling and bookmaking in the Court of Quarter Sessions of Philadelphia County and was sentenced to pay a fine of$100 or 90 days imprisonment on each charge. He was also convicted of aiding and abetting in embezzlement of funds of the First Pennsylvania Company and also aiding and abetting in the misapplication of funds and credit of said company and on June 20, 1963, was sentenced to prison for 180 days on one count and placed on probation on the other charges. Subsequently, at the demand of the majority of the directors he resigned as an officer and director of price Bar, Inc.

On February 27, 1963, the Pennsylvania Liquor Control Board issued a citation to the appellee to show cause why its license should not be revoked and after a waiver of hearing, issue the revocation order. The Baord had not acted upon an application to transfer the license in question which was on file since October, 1962.

There are two minor violations against the licensee's record during prior years. An appeal to this Court in

[ 203 Pa. Super. Page 484]

    a case such as is now before us is in the nature of a broad certiorari. The facts, not being in dispute, we must determine whether there has been an error of law committed. Heights Fire Company Liquor License Case, 181 Pa. Superior Ct. 56, 121 A.2d 902 (1956); ...


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