Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Ronnie's Lounge, t/d/b/a The Scoreboard Lounge v. Pennsylvania Liquor Control Board, No. S.A. 1109 of 1976.
Vincent C. Murovich, for petitioner.
J. Leonard Langan, Assistant Attorney General, Harry Bowytz, Chief Counsel, and Robert P. Kane, Attorney General, for respondent.
Judges Crumlish, Jr. and Blatt, sitting as a panel of two. Opinion by Judge Crumlish, Jr.
[ 34 Pa. Commw. Page 215]
The Pennsylvania Liquor Control Board (Board) revoked the license of Ronnie's Lounge, Inc., t/d/b/a The Scoreboard Lounge (Licensee). Licensee appealed to the Court of Common Pleas which dismissed the appeal. It now comes to us for relief.
On January 20, 1976, the Board issued Citation No. 154 of 1976 charging that Licensee "by [its] servants, agents or employes permitted lewd, immoral or improper entertainment on the licensed premises, on or about December 5, 13, 1975 . . ." and that Licensee "permitted entertainers to contact and/or associate with patrons on the licensed premises on or about December 5, 13, 1975. . . ."
After hearing, the Board made findings of fact substantiating these charges and, upon consideration of these findings as well as the record of prior citations, revocation of the license followed. Following a de novo hearing in the court below, the Board's decision was sustained. We affirm.
As the court below noted, the violations resulting in Licensee's revocation stem from the proscriptions set forth in Section 493(10) of the Liquor Code (Code), Act of April 12, 1951, P.L. 90, as amended, 47 P.S. § 4-493(10) and Section 5.32(d) of the Liquor Control Board Regulations, 40 Pa. Code § 532(d).
Licensee argues initially that the facts do not support the finding that the entertainment performed on the premises was lewd. We disagree.
On appeal to this Court from a de novo hearing, we must affirm unless the court below committed an error of law or an abuse of discretion. Pennsylvania Liquor Control Board v. Argonne Tavern, 25 Pa. Commonwealth Ct. 286, 361 A.2d 480 (1976).
Our thorough review of the record made before the court below convinces us that that court neither committed an error of ...