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COMMONWEALTH PENNSYLVANIA v. GREATER NORTHEAST POLISH AMERICAN CITIZENS ASSOCIATION (05/20/76)

decided: May 20, 1976.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD
v.
THE GREATER NORTHEAST POLISH AMERICAN CITIZENS ASSOCIATION, APPELLANT



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of In the Matter of Revocation of Club Liquor License No. C-2661, issued to: The Greater Northeast Polish American Citizens Association, 6028-30 Vandike Street, Philadelphia, Pennsylvania 19135, No. 2075 February Term, 1975.

COUNSEL

Abe Lapowsky, for appellant.

J. Leonard Langan, Assistant Attorney General, with him Harry Bowytz, Chief Counsel, and Robert P. Kane, Attorney General, for appellee.

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

Author: Rogers

[ 24 Pa. Commw. Page 561]

The Greater Northeast Polish American Citizens Association has appealed from the decision and order of the Court of Common Pleas of Philadelphia County sustaining the Pennsylvania Liquor Control Board's (PLCB) revocation of its club liquor license. We affirm.

On September 6, 1974, the PLCB sent the appellant a notice of violation of the provisions of the Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 47 P.S. § 1-101

[ 24 Pa. Commw. Page 562]

    et seq. The notice was promptly followed by a citation, specifying the violations as (1) permitting lewd, immoral and improper entertainment on the licensed premises, (2) permitting persons to engage in acts of deviate sexual intercourse on the premises, (3) permitting solicitation of patrons for immoral purposes on the premises, and (4) permitting entertainers to contact and/or associate with patrons on the premises. The offenses were alleged to have occurred "on or about May 2, 1974 and on diverse other occasions within the past year."

After a hearing the PLCB found as a fact that the offenses charged had been proven and that they occurred on May 2, 1974. The court below conducted a hearing de novo, made findings similar to those of the PLCB, and affirmed the action of revocation.

The appellant makes two arguments for reversal: (1) that the PLCB failed to conform to Section 471 of the Liquor Code, 47 P.S. § 4-471, and (2) that the PLCB failed to prove that the appellant committed the offenses charged.

Section 471 of the Liquor Code, 47 P.S. § 4-471, provides in pertinent part:

"Upon learning of any violation of this Act . . . the board may, within one year from the date of such violation . . . cite such licensee to appear before it or its examiner . . . to show cause why such license should not be suspended or revoked or a fine imposed. . . . No penalty provided by this Section shall be imposed by the board or any court for any violations provided for in this Act unless the enforcement officer or the board notifies the licensee of its nature and of the date ...


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