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SILVA LIQUOR LICENSE CASE (03/23/71)

decided: March 23, 1971.

SILVA LIQUOR LICENSE CASE


Appeal from order of Court of Common Pleas of Northampton County, Feb. T., 1969, No. 21 Misc., in case of Pennsylvania Liquor Control Board v. Regina Silva, t/a Tony's Bar.

COUNSEL

Thomas J. Shannon, Assistant Attorney General, with him Fred Speaker, Attorney General, for Liquor Control Board, appellant.

No oral argument was made nor brief submitted for appellee.

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

Author: Watkins

[ 219 Pa. Super. Page 32]

This appeal is from an order of Court of Common Pleas of Northampton County, which sustained the licensee's appeal and set aside the fine imposed by the Liquor Control Board.

On March 19, 1968, the Pennsylvania Liquor Control Board (hereinafter referred to as Board) ordered a citation against Regina Silva, a restaurant liquor licensee (hereinafter referred to as licensee) alleging that the licensee maintained gambling devices and permitted gambling on the premises on or about January 25, 26, 29 and February 1, 1968.

On June 5, 1968, notice of the said citation was sent to the licensee calling for a hearing before an

[ 219 Pa. Super. Page 33]

Examiner of the Board on July 10, 1968. On July 8, 1968, the licensee was given notice by the Board that the hearing scheduled for July 10 was continued. At this time no new date for hearing was scheduled.

On October 28, 1968, the Board sent notice to the licensee setting November 16, 1968, as the time for hearing, at which time a hearing was in fact held, resulting in an Order by the Board on January 9, 1969, imposing a fine of $400 on the licensee.

On January 27, 1969, an appeal from the said order was taken before the Court of Common Pleas of Northampton County and on September 22, 1969, counsel for the licensee and for the Board appeared before the said Court and presented a stipulation in which it was admitted by the licensee that the only question to be resolved by the Court was the question of the validity of the Board hearings.

The pertinent portion of the Liquor Code is 1951, April 12, P. L. 90, Art. IV, § 471, as amended, 47 P.S. § 4-471 and states in part as follows: "Upon learning of any violation of this act or any laws of this Commonwealth relating to liquor, alcohol or malt or brewed beverages, or of any regulations of the board adopted pursuant to such laws, of any violation of any laws of this Commonwealth or of the United States of America relating to the tax-payment of liquor or malt or brewed beverages by any licensee within the scope of this article, his officers, servants, agents or employes, or upon any other sufficient cause shown, the board may within one year from the date of such violation or cause appearing, cite such licensee to appear before it or its examiner, not less than ten nor more than sixty days from the date ...


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