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APPEAL MICHAEL J. O'CONNOR 4TH WARD REPUBLICAN CLUB FROM REVOCATION LICENSE BY PENNSYLVANIA LIQUOR CONTROL BOARD. MICHAEL J. O'CONNOR 4TH WARD REPUBLICAN CLUB (07/07/78)

decided: July 7, 1978.

IN RE: APPEAL OF MICHAEL J. O'CONNOR 4TH WARD REPUBLICAN CLUB FROM REVOCATION OF LICENSE BY PENNSYLVANIA LIQUOR CONTROL BOARD. THE MICHAEL J. O'CONNOR 4TH WARD REPUBLICAN CLUB, APPELLANT. IN RE: APPEAL OF THE MICHAEL J. O'CONNOR 4TH WARD REPUBLICAN CLUB FROM REVOCATION OF LICENSE AND FORFEITURE OF BOND BY PENNSYLVANIA LIQUOR CONTROL BOARD. THE MICHAEL J. O'CONNOR 4TH WARD REPUBLICAN CLUB, APPELLANT


Appeals in cases of The Michael J. O'Connor 4th Ward Republican Club v. Pennsylvania Liquor Control Board, No. Misc. Q.S. Docket A-31, Page 375 of March Sessions, 1973; In Re: O'Connor Club Appeal from Revocation of Liquor License, No. Misc. Q.S. Docket A-33, P-210, December 1975; and The Michael J. O'Connor 4th Ward Republican Club v. Pennsylvania Liquor Control Board, No. Misc. Q.S. Docket No. A-33, Page 210, March Sessions, 1976.

COUNSEL

Frank H. Morgan, Jr., with him Francis R. Lord, and Lord & Mulligan, for appellant.

J. Leonard Langan, Assistant Attorney General, with him Robert M. Rovine, Assistant Attorney General, 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 Crumlish, Jr.

Author: Crumlish

[ 36 Pa. Commw. Page 460]

The Michael J. O'Connor 4th Ward Republican Club (Licensee) appeals three separate common pleas court orders suspending and revoking Licensee's liquor license. Although these three appeals, involving separate factual circumstances were not formally consolidated, we review each under separate headings within this single opinion.

No. 1751 C.D. 1973

On March 20, 1972, the Board issued Citation No. 410 of 1972*fn1 charging Licensee with nine separate violations of the Liquor Code (Code), Act of April 12, 1951, P.L. 90, as amended, 47 P.S. ยง 1-101 et seq. After hearing, the Board made findings of fact substantiating each charge and upon consideration of these findings as well as Licensee's record of prior citations, the Board ordered revocation of the license at issue. Following a de novo hearing in the court below, that court found support in the record lacking as to three of the alleged violations*fn2 and sustained the findings as to the remaining six. Having made significant changes in the Board's findings, the court changed

[ 36 Pa. Commw. Page 461]

    the Board's order of revocation to a nine-month suspension and $500.00 fine. We affirm.

The findings upheld by the court below follow:

3. Your organization is not operated for the mutual benefit of the entire membership.

5. You, by your servants, agents or employes failed and neglected to maintain records in conformity with regulations prescribed by the ...


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