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MELISSA v. COMMONWEALTH PENNSYLVANIA (01/26/78)

decided: January 26, 1978.

MELISSA, INC.
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Melissa, Inc. v. Pennsylvania Liquor Control Board, No. 2160 May Term, 1976.

COUNSEL

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

Gustine J. Pelagatti, for appellee.

Judges Crumlish, Jr., and Wilkinson, Jr., sitting as a panel of two. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 33 Pa. Commw. Page 387]

The Pennsylvania Liquor Control Board (Board) appeals an order of the court of common pleas which reversed a suspension of the liquor license issued to Melissa, Inc. (Appellee).

On appeal, we must affirm unless the court below committed an error of law or an abuse of discretion. Pennsylvania Liquor Control Board v. Argonne Tavern, Inc., 25 Pa. Commonwealth Ct. 286, 361 A.2d 480 (1976).

In its citation*fn1 the Board alleges violations of Section 493(25) of the Liquor Code (Code), Act of April 12, 1951, P.L. 90, as amended, 47 P.S. § 4-493(25). The citation reads, in part, as follows:

You, by your servants, agents, or employes permitted persons to be solicited or enticed for the purpose of the purchase of beverages for others, on or about June 27, July 19, 25, 1975, and on divers other occasions within the past year.

After hearing, the Board suspended Appellee's license for a period of sixty (60) days reiterating, in its findings, the language contained within the citation quoted above. Appellee appealed the Board's suspension to the court below which found that the regulation relied upon by the Board to establish Appellee's violation was improperly promulgated. We reverse.

Section 4-493(25) of the Code provides, in part, as follows:

§ 4-493. Unlawful acts relative to liquor, malt and brewed ...


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