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COMMONWEALTH v. JADE EAST ET AL. (10/28/75)

decided: October 28, 1975.

COMMONWEALTH
v.
JADE EAST ET AL., APPELLANTS



Appeal from judgments of sentence of Court of Common Pleas of Monroe County, Oct. T., 1973, No. 109, in case of Commonwealth of Pennsylvania v. Jade East Inc., trading as Charcoal Hearth, Louis Ranieri, Robert Phillips, and Kenneth Grochowski.

COUNSEL

George W. Westervelt, Jr., with him George Royle, IV, and Cohen, Royle and Ticktin, for appellants.

James F. Marsh, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Van der Voort, J. Dissenting Opinion by Hoffman, J. Dissenting Opinion by Spaeth, J.

Author: Van Der Voort

[ 237 Pa. Super. Page 141]

The Monroe County Grand Jury handed down an indictment against each appellant charging violations of the "Liquor Code"; viz., (Count I) that they unlawfully sold, furnished or gave liquor or malt or brewed beverages or permitted them . . . to be sold, furnished or given

[ 237 Pa. Super. Page 142]

. . . to minors;*fn1 and (Count II) that they unlawfully permitted minors to frequent [their] licensed premises.*fn2

The parties stipulated to the facts which are as follows: "that on the 16th day of June, 1973, at approximately 11:15 P.M. a number of agents from the Pennsylvania Liquor Control Board carried out what is commonly referred to as a raid on the premises known as the Charcoal Hearth, which is owned and operated by Jade East, Inc., trading as the Charcoal Hearth, and Louis Ranieri, Robert Phillips and Kenneth Grochowski, being officers as well as individuals. At the time of the raid made by the Pennsylvania Liquor Control Board Officers, six girls, to wit: Rebecca Ann Leonard, age 18; Marie B. Hess, age 20; Karen Chattin, age 20; Noreen E. Liguori Bandwine, age 20; Colleen Smith, age 18; and Patricia Jean Vander Vielt, age 20, were discovered upon the premises. Each of these girls was served alcoholic beverages by the Defendants' agents. Neither of Defendants, Louis Ranieri or Robert Phillips, was present on the premises and Defendant, Kenneth Grochowski, was out of the public area of the bar, apparently in an office.

"It was further discovered that none of the girls were asked for identification when they went into the premises, and furthermore, that at least three of the girls, namely, Noreen E. Liguori Bandwine, Colleen Smith and Patricia Jean Vander Vielt had no identification whatsoever on their persons.

"It was further stipulated that had Patricia Jean Vander Vielt been present in Court the day of the trial she would have testified to the above recited occurrence at the Charcoal Hearth, as well as to the fact that she had frequented the premises on a number of other occasions over a period of at least one month.

[ 237 Pa. Super. Page 143]

"It was further stipulated that the agents questioned the girls and that three of them entered guilty pleas to consuming alcoholic beverages and being underage in so doing. The three girls who pleaded were Noreen E. ...


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