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MATTER REVOCATION CLUB LIQUOR LICENSE NO. C-5745 ISSUED TO -- SHILOH AMERICAN LEGION POST 791 HOME ASSOCIATION ETC. SHILOH AMERICAN LEGION POST 791 HOME ASSOCIATION (09/17/81)

decided: September 17, 1981.

IN THE MATTER OF REVOCATION OF CLUB LIQUOR LICENSE NO. C-5745 ISSUED TO -- SHILOH AMERICAN LEGION POST 791 HOME ASSOCIATION ETC. SHILOH AMERICAN LEGION POST 791 HOME ASSOCIATION, APPELLANT


Appeal from the Order of the Court of Common Pleas of York County in the case of In the Matter of Club Liquor License No. C-5745 issued to Shiloh American Legion Post 791 Home Association v. The Pennsylvania Liquor Control Board, Commonwealth of Pennsylvania, No. 66 Misc. Action 1980.

COUNSEL

Frank J. Goldenberg, with him Robert H. Griffith, Markowitz, Kagen & Griffith, for appellant.

J. Leonard Langan, Counsel, with him James J. Fitzgerald, III, Chief Counsel, for appellee.

Judges Mencer, Craig and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 61 Pa. Commw. Page 629]

Shiloh American Legion Post 791 Home Association (Shiloh) appeals here from an order of the Court of Common Pleas of York County, entered August 19, 1980, that affirmed the order of the Pennsylvania Liquor Control Board (PLCB) imposing a $250 fine upon Shiloh for permitting gambling on its premises.

[ 61 Pa. Commw. Page 630]

The facts are not in dispute. On December 13, 1979, a PLCB agent went to Shiloh's premises to investigate complaints concerning gambling. After identifying herself and being admitted to the premises, the agent observed sixteen punch boards in plain view about the bar area. Acting pursuant to Section 471 of the Liquor Code (Code),*fn1 the PLCB imposed a $250 fine against Shiloh for permitting gambling on its premises. Shiloh appealed to the Court of Common Pleas of York County. A hearing was held on July 21, 1980, at which time a PLCB agent testified to the events of December 13, 1979. In an order entered August 19, 1980, the lower court dismissed Shiloh's appeal and affirmed the decision of the PLCB. Shiloh appealed to this Court. We affirm.

Section 471 of the Code provides in pertinent part as follows:

Upon learning of any violation of this act or any laws of this Commonwealth relating to liquor, alcohol or malt or brewed beverages, or of any regulations of the board adopted pursuant to such laws, of any violation of any laws of this Commonwealth or of the United States of America relating to the tax-payment of liquor or malt or brewed beverages by any licensee within the scope of this article, his officers, servants, agents or employes, or upon any other sufficient cause shown, the board may . . . cite such licensee to appear before it or its examiner . . . to show cause why such license should not be suspended or revoked or a fine imposed. . . . Upon such hearing, if satisfied that any such violation has occurred or for other sufficient cause, the board shall immediately suspend or revoke the license, or impose

[ 61 Pa. Commw. Page 631]

    a fine of not less than fifty dollars ($50) nor more than one thousand dollars ...


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