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NOONDAY CLUB DELAWARE COUNTY (11/12/68)

decided: November 12, 1968.

NOONDAY CLUB OF DELAWARE COUNTY, INC. LIQUOR LICENSE CASE


Appeal from orders of Superior Court, Oct. T., 1966, Nos. 847 and 848, reversing orders of Court of Quarter Sessions of Delaware County, March T., 1966, Miscellaneous Docket No. A-28, in re revocation of catering club liquor license No. CC-5219 issued to Noonday Club of Delaware County, Inc.

COUNSEL

Thomas J. Shannon, Assistant Attorney General, with him William C. Sennett, Attorney General, for Pennsylvania Liquor Control Board, appellant.

Angelo A. DiPasqua, with him Caine & DiPasqua, for appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Cohen. Mr. Justice Eagen and Mr. Justice O'Brien concur in the result. Mr. Justice Musmanno took no part in the consideration or decision of this case. Dissenting Opinion by Mr. Justice Roberts. Mr. Chief Justice Bell joins in this dissent.

Author: Cohen

[ 433 Pa. Page 460]

Appellee, Noonday Club, is the holder of a catering club license issued by the Pennsylvania Liquor Control Board in 1951. On August 17, 1964, the Board issued Citation No. 1354 directing the licensee to show cause why the license should not be revoked by reason of the violations of law alleged in the citation.

On November 5, 1964, the Board issued Citation No. 1856 also directing the licensee to show cause why the license should not be revoked by reason of the alleged violations in that citation. Hearings were held on both citations before a board examiner and on January 13, 1966, the Board issued separate opinions and orders disposing of the two citations.

With respect to the first citation the Board revoked appellee's license on the basis of the following violations:

[ 433 Pa. Page 461]

"(1) The licensed organization, by its servants, agents or employes sold, furnished and/or gave alcoholic beverages between the hours of three o'clock ante meridian and seven o'clock ante meridian, on June 6, 7, 13 and 14, 1964.

"(2) The licensed organization, by its servants, agents or employes sold alcoholic beverages on the licensed premises to non-members without prior arrangements for such services, on June 6 and 13, 1964.

"(3) The licensed organization, by its servants, agents or employes sold alcoholic beverages on the licensed premises to non-members on the following Sundays, June 7 and 14, 1964.

"(4) The licensed organization, by its servants, agents or employes refilled state store liquor bottles on June 26, 1964."

The order and opinion with respect to the second citation also revoked appellee's license because of the following violations found by the Board:

"(1) The licensed organization was not a bona fide club, operated for the mutual benefit of the entire membership, in that it was operated by and for the benefit of Anthony Kostick.

"(2) The licensed organization employed persons also employed by another licensee, on divers occasions between ...


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