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PARKWAY DISTRIBUTING COMPANY LIQUOR LICENSE CASE (12/16/64)

decided: December 16, 1964.

PARKWAY DISTRIBUTING COMPANY LIQUOR LICENSE CASE


Appeal from order of County Court of Allegheny County, No. 365 of 1963, in re suspension of Importing Distributor's License No. ID-54, issued to Parkway Distributing Company.

COUNSEL

Thomas J. Shannon, Assistant Attorney General, with him Edward J. Osterman, Special Assistant Attorney General, and Walter E. Alessandroni, Attorney General, for Pennsylvania Liquor Control Board, appellant.

H. A. Specter, with him S. David Litman, and Litman & Litman, for appellee.

Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (Rhodes, P. J., absent). Opinion by Watkins, J.

Author: Watkins

[ 204 Pa. Super. Page 516]

This is an appeal by the Pennsylvania Liquor Control Board from an order of the County Court of Allegheny County reversing an order of the Board suspending for twenty days the Importing Distributor's license No. ID-54 issued to Parkway Distributing Company, a corporation.

On July 25, 1962, the board issued a citation against the corporation, the pertinent parts of which read as follows: ". . . Whereas the board is in possession of facts which lead it to believe that you have violated the provisions of the Liquor Code (Act of Assembly approved April 12, 1951, P. L. 90), as amended, and the rules and regulations adopted pursuant thereto, in the following manner: 1. You by your servants, agents or employes purchased malt or brewed beverages on credit on or about March 6, 19, 20, 21, 22, 26; April 3, 17, 27; May 1, 23, 1962 and on divers other occasions within the past year . . .".

At the hearing before the board the evidence disclosed that the licensee purchased malt and brewed beverages on the dates in question and in payment delivered checks to the sellers which were subsequently dishonored by the bank for insufficient funds. Upon receipt of notice of dishonor, the licensee paid the sellers the sums represented by the checks. The board found that this evidence constituted sales on credit and suspended the license.

We are at a loss to know why the Pennsylvania Liquor Control Board did not cite this licensee specifically for violation of the amendment added in 1961, June 15, P. L. 423, § 2, 47 PS § 4-493 (26) which made it illegal for a licensee "to make, draw, utter, issue or deliver or cause to be made, drawn, uttered, issued or delivered, any check, draft or similar order, for the payment of money in payment for any purchase of malt or brewed beverages when such . . . licensee . . .

[ 204 Pa. Super. Page 517]

    has not sufficient funds in, or credit with, such bank, . . .".

The citation proceeding was instituted pursuant to § 471 of the Act of April 12, 1951, P. L. 90, as amended, 47 PS § 4-471 known as the Liquor Code which provides, inter alia, "upon learning of any violation of this Act, . . . by any licensee . . . the board may . . . cite such licensee . . . to show cause why such license should not be suspended or revoked . . . upon such hearing if satisfied that any such violation has occurred or for other sufficient cause, the board shall immediately suspend . . .". (Underlining, writers)

The specific violation charged in the citation was brought under the Act as amended, 1961, June 15, P. L. 423, § 1, 47 PS § 4-493 (2), the ...


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