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FISHER v. LIQUOR CONTROL BOARD (12/13/71)

decided: December 13, 1971.

FISHER, ET AL.
v.
LIQUOR CONTROL BOARD



Appeal from the Order of the Court of Common Pleas of Dauphin County, No. 120 M.D. 1971, in case of Oscar R. Fisher, t/a Acri & Fisher Beverage Distributor v. Pennsylvania Liquor Control Board, Commonwealth of Pennsylvania.

COUNSEL

John J. Krafsig, Jr., for appellant.

Alexander J. Jaffurs, Assistant Attorney General, with him J. Leonard Lagan, Assistant Attorney General, and J. Shane Creamer, Attorney General, for appellee.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 3 Pa. Commw. Page 587]

This is an appeal from the order of the Court of Common Pleas of Dauphin County, which, after hearing, sustained the findings and conclusions of the State Liquor Control Board which had ordered suspension of

[ 3 Pa. Commw. Page 588]

Oscar R. Fisher's importing distributor license for a period of 20 days.

One David Canning, a minor seventeen years of age, purchased a case of Schmidt's beer from the appellant. In proof of his majority, Canning exhibited a United States Army Reserve Identification Card indicating that the bearer of the card would have been twenty-one years of age at the time of the purchase. Canning had found the card on a street corner in Steelton, Pennsylvania.

Appellant was found to have violated Section 493(1) of the Liquor Code, Act of April 12, 1951, P.L. 90, Article IV, as amended, 47 P.S. § 4-493(1), making it illegal for a licensee "to sell, furnish or give any liquor or malt or brewed beverages . . . to any minor. . . ." Also involved in this case is Section 495 of the Code, subsections (a) and (b) of the Liquor Code, supra, 47 P.S. § 4-495 which pertinently provide:

"(a) The board shall issue to any person who shall have attained the age of twenty-one years, an identification card bearing said person's date of birth, physical description, photograph, signature, and such other information, as the board by regulation may determine, attesting to the age of the applicant, upon application thereof.

"(b) Such identification card shall be presented by the holder thereof upon request of . . . any licensee, for the purpose of aiding such . . . licensee . . . to determine whether or not such person is twenty-one years of age and upwards, when such person desires alcoholic beverage at a . . . licensed establishment."

Further, Section 495(c) requires the licensee to procure from a customer whose age may be in question a signed statement of his majority, which by Section 495(e) ". . . may be offered as a defense in all civil ...


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