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GREENSBURG LODGE NO. 1151 (12/10/69)

decided: December 10, 1969.

GREENSBURG LODGE NO. 1151, LOYAL ORDER OF MOOSE, LIQUOR LICENSE CASE


Appeal from order of Court of Quarter Sessions of Westmoreland County, April T., 1968, No. 22, in re revocation of club liquor license No. C-1074 issued to Greensburg Lodge No. 1151 Loyal Order of Moose.

COUNSEL

A. Miller, Special Assistant Attorney General, with him John W. Pollins, III, Special Assistant Attorney General, Thomas J. Shannon, Assistant Attorney General, and William C. Sennett, Attorney General, for Pennsylvania Liquor Control Board, appellant.

Dante G. Bertani, for appellee.

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

Author: Watkins

[ 216 Pa. Super. Page 119]

This is an appeal by the Pennsylvania Liquor Control Board from the decree of the Court of Quarter Sessions of Westmoreland County reversing the Board's order of a ten day suspension of the club liquor license of the Greensburg Lodge No. 1151, Loyal Order of the Moose.

On October 31, 1967, the Pennsylvania Liquor Control Board issued its citation against the club licensee alleging that the licensee sold to nonmembers on or about September 3, 24, 1967, in violation of Section 406(a) of the Liquor Code, 47 P.S. 4-406(a).

On March 12, 1968, the Board received a Waiver, Admission and Authorization to enter a final order without hearing dated February 20, 1968, signed by the secretary of the corporation, properly acknowledged, together with a certified copy of a corporate resolution authorizing the secretary to execute the said Waiver, Admission and Authorization.

The form in question reads as follows:

"I do hereby acknowledge receipt of Citation No. 1643, 1967, and do waive the hearing fixed therein, subject to the approval of the board. All the charges averred in said citation are admitted and you are authorized without hearing to enter a final order and decree."

The Waiver in question is authorized by the regulatory power of the Board as set forth in Section 207 of the Code, 47 P.S. 2-207(i).

"Section 207. General Powers of Board -- Under this act, the board shall have the power ...


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