Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of In the Matter of Revocation of Restaurant Liquor License No. R-15524, issued to V.J.R. Bar Corporation, No. 2055 August Term, 1974.
J. Leonard Langan, Assistant Attorney General, with him Harry Bowytz, Chief Counsel, and Robert P. Kane, Attorney General, for appellant.
Abraham J. Levinson, for appellee.
Judges Crumlish, Jr., Kramer and Wilkinson, Jr., sitting as a panel of three. Opinion by Judge Crumlish, Jr.
In this appeal the Pennsylvania Liquor Control Board (Board) asks this Court to reverse the order of the Court of Common Pleas of Philadelphia County and reinstate the Board's order which imposed a fine of Three Hundred Fifty Dollars ($350.00) on the V.J.R. Bar Corporation (Licensee). We agree and therefore reverse.
On November 27, 1973, the Board issued a citation to the Licensee to appear and show cause why a fine should not be imposed or its license be revoked or suspended. Following a hearing on the citation, the Board by opinion and order dated July 19, 1974, imposed a fine upon Licensee based upon a finding of fact by the Board that Licensee, by its servants, agents or employees had permitted gambling on the licensed premises on March 22, 1973.
Licensee, before the Board and before the lower court on appeal, introduced evidence which established that criminal charges stemming from the gambling arrests were dismissed. The lower court in reversing Board's order was persuaded by Licensee that in a citation proceeding involving the commission of a crime on a licensed premises, the Board must prove that the offense charged resulted in a conviction in the court which has jurisdiction
over the criminal offense, and that since the Board failed to meet its burden of showing that a conviction resulted from the criminal offense charged, the lower court could not sustain the imposition of the fine.
Section 471 of The Liquor Code, 47 P.S. § 4-471*fn1 provides in ...