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ROOSEVELT DEMOCRATIC CLUB 35TH WARD PHILADELPHIA v. COMMONWEALTH PENNSYLVANIA (11/14/74)

decided: November 14, 1974.

ROOSEVELT DEMOCRATIC CLUB OF THE 35TH WARD OF PHILADELPHIA, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLEE. (FIRST CASE)



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Roosevelt Democratic Club of the 35th Ward of Philadelphia v. Pennsylvania Liquor Control Board, No. 2014 November Term, 1973.

COUNSEL

Leo H. Loffel, for appellant.

J. Leonard Langan, Assistant Attorney General, with him Harry Bowytz, Chief Counsel, and Israel Packel, Attorney General, for appellee.

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

Author: Mencer

[ 15 Pa. Commw. Page 453]

This appeal is from a January 30, 1974 order of the Court of Common Pleas of Philadelphia County affirming the October 22, 1973 order of the Pennsylvania Liquor

[ 15 Pa. Commw. Page 454]

Control Board (Board) revoking the club liquor license of the Roosevelt Democratic Club of the 35th Ward of Philadelphia (appellant). On June 20, 1973, the Board issued a citation to the appellant to show cause why its club liquor license No. C-3226 should not be revoked and the bond forfeited.

A hearing was held before the Board which found that the evidence established that the appellant had violated the laws of the Commonwealth and/or the regulations of the Board. Since this was the fifth citation issued against the appellant, the Board noted that a severe penalty was warranted and, on October 22, 1973, revoked the appellant's license, effective November 14, 1973.

The appellant appealed from this order of the Board to the Court of Common Pleas of Philadelphia County. The Court held a de novo hearing and affirmed the revocation of appellant's club liquor license after making the following findings of fact: "[O]n August 17, 1972, September 6, 1972 and February 28, 1973 the appellant by its servants, agents or employes sold liquor and/or malt or brewed beverages on the licensed premises to nonmembers. It is also clear and we find as a fact that on August 17th and September 6, 1972 the appellant by its agents, servants or employes permitted persons to be solicited for the purpose of purchasing beverages for others. Moreover, we also find, as a fact, that the appellant on August 17, 1972 and September 6, 1972 sold liquor and/or malt or brewed beverages between the hours of three o'clock ante meridian and seven o'clock ante meridian."

The appellant contends in this appeal that there is insufficient competent evidence to support the findings of the lower court. After a careful review of the record, we must disagree simply because the record convinces us that the order of the lower court is supported by sufficient competent evidence.

[ 15 Pa. Commw. Page 455]

A member of the Pennsylvania State Police testified that on the three dates in question he was admitted to appellant's club, although not a member of the club, and served drinks, some of which were ordered and served after the legal closing time. In addition, he testified that on each of three occasions, while he was seated at the bar, he was approached by a woman. These women, sometimes in the presence of employees of the appellant, requested the trooper to purchase them drinks. He also testified to the use of different colored plastic drink stirrers used by appellant's ...


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