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MATTER REVOCATION CATERING CLUB LIQUOR LICENSE NO. CC-949 (02/12/81)

decided: February 12, 1981.

IN THE MATTER OF REVOCATION OF CATERING CLUB LIQUOR LICENSE NO. CC-949, ISSUED TO -- THE MOUNT CARMEL LEGION MEMORIAL ASSOCIATION. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT


Appeal from the Order of the Court of Common Pleas of Northumberland County in case of In Re: In the Matter of Revocation of Catering Club Liquor License No. CC-949, Issued to Mount Carmel Legion Memorial Association, 48-50 West Avenue, Mount Carmel, Pennsylvania, 17851, Misc. No. 79-87.

COUNSEL

J. Leonard Langan, Assistant Attorney General, with him, Kenneth W. Makowski, Acting Chief Counsel, and Edward Biester, Jr., Attorney General, for appellant.

Robert B. Sacavage, for appellee.

Judges Wilkinson, Jr., Williams, Jr. and Palladino, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 56 Pa. Commw. Page 602]

This is an appeal from an order of the Court of Common Pleas of Northumberland County reversing a license suspension order by The Pennsylvania Liquor Control Board (Board). We reverse and remand to the trial court for findings of fact and conclusions of law.

The Board issued Citation No. 449, 1979, against the appellee (Club) in which it was alleged that on February 9 and 10, 1979 the Club sold liquor to non-members of the Club without prior arrangement for such services. Section 406(a) of the Liquor Code (Code), Act of April 12, 1951, P.L. 90, as amended, 47 P.S. § 4-406(a), provides in pertinent part:

Every hotel, restaurant or club liquor licensee may sell liquor and malt or brewed beverages . . . for consumption only in that part of the hotel or restaurant habitually used for the serving of food to guests or patrons, and in the case of hotels, to guests, and in the case of clubs, to members, in their private rooms in the hotel or club. No club licensee nor its officers, servants, agents or employes, other than

[ 56 Pa. Commw. Page 603]

    one holding a catering license, shall sell any liquor or malt or brewed beverages to any person except a member of the club.

Section 5.83(a) and (b) of the Board's regulations, 40 Pa. Code § 5.83(a), (b) provides:

(a) Catering, for the purpose of this section, means the furnishing of liquor or malt or brewed beverages, or both, to be served with food prepared on the premises or brought onto the premises already prepared, for the accommodation of groups of nonmembers who are using the facilities of the club by prior arrangement, made at least 24 hours in advance of the time for private meetings or functions, such as dances, card parties, banquets, and the like; and which is paid for by such nonmembers.

(b) A record shall be maintained showing the date and time catering arrangements were made, the name of the person or organization making the arrangements, and the ...


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