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NEW SORRENTO v. COMMONWEALTH PENNSYLVANIA (02/03/82)

decided: February 3, 1982.

NEW SORRENTO, INC., T/A APPLAUSE, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of New Sorrento, Inc. v. Pennsylvania Liquor Control Board, No. SA 961 of 1978.

COUNSEL

Louis P. Vitti, Markovitz and Vitti, for appellant.

J. Leonard Langan, Chief Counsel, for appellee.

Judges Rogers, Blatt and Craig, sitting as a panel of three. Opinion by Judge Blatt. Judge Palladino did not participate in the decision in this case.

Author: Blatt

[ 64 Pa. Commw. Page 423]

New Sorrento, Inc. (licensee) appeals from an order of the Court of Common Pleas of Allegheny County affirming a decision of the Pennsylvania Liquor Control Board (PLCB) revoking*fn1 the licensee's restaurant liquor license effective September 6, 1978 and forfeiting its bond filed for the license-year beginning May 1, 1977 and ending April 30, 1978.

The PLCB made the following findings:

1. The licensee, by its servants, agents or employes sold, furnished and/or gave or permitted such sale, furnishing and/or giving of liquor and/or malt or brewed beverages to minors on March 31-April 1, 1978.

2. The licensee permitted entertainers to contact and/or associate with patrons on the licensed premises on March 10, 19, 31, April 1, 6, 1978.

3. The licensed establishment operated by the licensee was not a bona fide restaurant habitually and principally used for the purpose of providing food for the public, in that there was an insufficient quantity of food, dishes, silverware and cooking utensils on the licensed premises on March 19, 31, April 1, 4, 17, 1978.

[ 64 Pa. Commw. Page 4244]

. The licensee, by its servants, agents or employes employed known criminals and/or persons of ill repute, on the licensed premises on March 10, 19, 31, April 1, 4, 1978.

The PLCB, in deciding to revoke the license considered the licensee's record of prior citations*fn2 and the penalties imposed therefor, and the court below, after a de novo hearing, held that sufficient evidence existed to support the PLCB's first three findings ...


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