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L-C GREEN TREES TAVERN (03/20/68)

decided: March 20, 1968.

L-C GREEN TREES TAVERN, INC. LIQUOR LICENSE CASE


Appeal from order of Courts of Oyer and Terminer, General Jail Delivery, and Quarter Sessions of the Peace of Philadelphia County, Sept. T., 1966, Nos. 1654 and 1655, in the matter of revocation of restaurant liquor license No. R-5359 issued to L-C Green Trees Tavern, Inc.

COUNSEL

I. Irving Tubis, with him Mary Bell Hammerman, for appellant.

Lawrence L. Flick, Special Assistant Attorney General, with him I. Harry Checchio, Special Assistant Attorney General, Thomas J. Shannon, Assistant Attorney General, and William C. Sennett, Attorney General, for Pennsylvania Liquor Control Board, appellee.

Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Ervin, P. J., and Wright, J., absent). Opinion by Watkins, J.

Author: Watkins

[ 212 Pa. Super. Page 15]

The Pennsylvania Liquor Control Board lodged two citations against L-C Green Trees Tavern, Inc., a restaurant liquor licensee. Under Citation No. 436, the Board found that the licensee:

"1. By its servants, agents or employees permitted minors to frequent the licensed premises on June 25, July 23, 30 and August 6, 1965.

"2. By its servants, agents or employees sold, furnished and/or gave or permitted such sale, furnishing and/or giving of liquor and/or malt or brewed beverages to minors on June 25, July 23, 30 and August 6, 1965."

And under Citation No. 598, the Board found that the licensee:

"By its servants, agent or employees, sold, furnished and/or gave or permitted such sale, furnishing and/or giving of liquor and/or malt or brewed beverages to minors on November 14, 1965."

The Board in the case of Citation No. 436 fined the appellant licensee Two Hundred ($200) Dollars; and on Citation No. 598, suspended the licensee for fifteen (15) days. The licensee appealed to the Quarter Sessions Court of Philadelphia where both citations were heard together de novo by Judge Spaeth.

The court below found that "An independent review of the record confirms the Board's findings of the violations of August 6 ...


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