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COMMONWEALTH PENNSYLVANIA v. RONNIE'S LOUNGE (05/04/79)

decided: May 4, 1979.

COMMONWEALTH OF PENNSYLVANIA, LIQUOR CONTROL BOARD
v.
RONNIE'S LOUNGE, INC., T/D/B/A THE SCOREBOARD LOUNGE, APPELLANT



No. 102 March Term, 1978, Appeal from the Order of the Commonwealth Court at No. 2238 C.D. 1976, dismissing an appeal from the Order of the Court of Common Pleas, Civil Division, of Allegheny County, at No. SA 1109 of 1976. Appeal was granted to the Supreme Court June 29, 1978, at No. 1572 Allocatur Docket

COUNSEL

Vincent Murovich, Jr., Pittsburgh, for appellant.

J. Leonard Langan, Asst. Atty. Gen., for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Manderino and Larsen, JJ. Manderino, J., files a dissenting opinion.

Author: Per Curiam

[ 485 Pa. Page 73]

The appeal is dismissed as improvidently granted.

MANDERINO, Justice, dissenting.

This Court granted appellant's, Ronnie's Lounge, Inc.'s, petition for allowance of appeal because serious questions

[ 485 Pa. Page 74]

    were raised in that petition. I cannot agree with the majority that the petition was improvidently granted.

Appellant's liquor license was revoked pursuant to statutory authorization because 1) it had permitted "lewd, immoral or improper entertainment" on the premises and 2) it permitted entertainers to "contact or associate with patrons" on the premises. The revocation by appellee, Pennsylvania Liquor Control Board, was upheld by the Court of Common Pleas and by the Commonwealth Court.

The revocation was based on evidence that during the show on the premises, scantily clad females (G strings and transparent pasties) performed in a lewd, immoral, and improper manner and between shows conversed with patrons. Appellant contends that 1) the facts do not support a finding of lewd, immoral and improper conduct; 2) there was no evidence that conversation took place with patrons; and 3) opinion evidence concerning what constitutes immoral conduct was improperly admitted.

I have previously had occasion to speak to the use of words such as "lewd" and "immoral" as legal standards. This case adds another ...


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