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APPEAL MATTER REVOCATION CLUB LIQUOR LICENSE NO. C-4292 (09/14/78)

decided: September 14, 1978.

IN RE: APPEAL IN THE MATTER OF REVOCATION OF CLUB LIQUOR LICENSE NO. C-4292, ISSUED TO HARRISON CITY FIRE PROTECTIVE ASSOCIATION, FIRST STREET, HARRISON CITY, PENNSYLVANIA 15636. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT


Appeal from the Order of the Court of Common Pleas of Westmoreland County in case of In Re: Appeal in the Matter of Revocation of Club Liquor License No. C-4292, issued to Harrison City Fire Protective Association, First Street, Harrison City, Pennsylvania, 15636, No. 28 April of 1977.

COUNSEL

James P. Deeley, with him J. Leonard Langan, Assistant Attorney General, Kenneth W. Makowski, Acting Chief Counsel, and Robert P. Kane, Attorney General, for appellant.

No appearance or brief for appellee.

Judges Mencer, Rogers and DiSalle, sitting as a panel of three. Opinion by Judge DiSalle. Judge Mencer dissents.

Author: Disalle

[ 37 Pa. Commw. Page 526]

This is an appeal of an order of the Court of Common Pleas of Westmoreland County dated July 12, 1977. The order reduced a fine imposed by the Pennsylvania Liquor Control Board (Board) against the Harrison City Fire Protective Association (Club) pursuant to a citation for violation of the Pennsylvania liquor laws and regulations.

On October 24, 1976, Steve Sandrovich (Sandrovich), a Pennsylvania Liquor Control Board enforcement officer, visited the Club. Immediately upon entering, he was stopped and asked if he was a member. When he replied that he was not, he was told

[ 37 Pa. Commw. Page 527]

    to complete a membership application form and pay the sum of one dollar. He complied with this request, using a fictitious name and address. He was then admitted and was served alcoholic beverages. Subsequently, Sandrovich returned to the Club on November 13, December 4, and December 11, 1976, and purchased liquor.

On December 11, 1976, Sandrovich entered the Club with other law enforcement officers and conducted an open inspection. This inspection revealed between 75 and 100 individuals present, including four minor females. The four minors had been sold liquor and malt beverages on the date of the inspection. As a result of this incident, the Board issued Citation No. 37 of 1977.

Subsequent to a hearing on this citation, the Board made the following Findings of Fact:

1. The licensed organization, by its servant, agents or employes sold liquor and/or malt or brewed beverages on the licensed premises to non-members, on October 24, November 13, December 4, 11, 1976.

2. The licensed organization, by its servants, agents or employes permitted minors to frequent the licensed premises, on December 11, 1976, and on ...


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