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GREENSPAN LIQUOR LICENSE CASE (09/12/68)

decided: September 12, 1968.

GREENSPAN LIQUOR LICENSE CASE


Appeals from order of Court of Quarter Sessions of Philadelphia County, June T., 1967, Nos. 1727 and 1728, in case of Pennsylvania Liquor Control Board v. Sidney Greenspan, trading as 743 Bar.

COUNSEL

Abe Lapowsky, for appellant.

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

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Opinion by Watkins, J.

Author: Watkins

[ 213 Pa. Super. Page 30]

This is an appeal from the order of the Court of Quarter Sessions of Philadelphia County affirming the decision of the Pennsylvania Liquor Control Board that imposed fines for alleged violations of the Liquor

[ 213 Pa. Super. Page 31]

Code and dismissing the appeals of the licensee, Sidney Greenspan, t/a 743 Bar.

The incidents leading to the violations and fines are as follows: On May 7, 1966 officers of the Philadelphia Police Department entered the licensed premises and found numbers paraphernalia. The licensee was arrested. On June 25, 1966 Philadelphia police officers observed patrons being sold drinks after the legal closing time of the bar. The licensee was arrested.

When these criminal proceedings came to the attention of the Pennsylvania Liquor Control Board citations were issued to show cause why the license should not be revoked because of the violations of the Liquor Code in maintaining gambling paraphernalia and sales after hours. After hearing, the Board imposed fines of $200 and $150 respectively. The licensee appealed to the Court of Quarter Sessions and the court below affirmed the decisions of the Board and dismissed the licensee's appeals.

There is no merit in the contention of the licensee that the evidence was insufficient. We agree with the court below the violations were established by a preponderance of proof.

The contention of the licensee that the Board failed to comply with the recent amendment to the Liquor Code requiring notice to the licensee of impending citations is more serious. Section 471 of the Pennsylvania Liquor Code, as amended by the Act of January 13, 1966, P. L. (1965) 1301, § 2, 47 PS § 4-471, provides in part as follows: "No penalty provided by this section shall be imposed by the board or any court for any violations provided for in this act unless the enforcement officer or the board notifies the licensee of its nature ...


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