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DEPEARL CORPORATION v. COMMONWEALTH PENNSYLVANIA (03/04/82)

decided: March 4, 1982.

DEPEARL CORPORATION, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE, COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT V. DEPEARL CORPORATION, APPELLEE



Appeals from the Order of the Court of Common Pleas of Delaware County in the case of Commonwealth of Pennsylvania v. DePearl Corporation, Misc. Docket No. A-34, Page 203-1979.

COUNSEL

Abe Lapowsky, for appellant, DePearl Corporation.

David Shotel, Assistant Counsel, with him J. Leonard Langan, Chief Counsel, for appellee, Pennsylvania Liquor Control Board.

Judges Williams, Jr., MacPhail and Palladino, sitting as a panel of three. Opinion by Judge Williams, Jr. Judge Palladino did not participate in the decision in this case.

Author: Williams

[ 65 Pa. Commw. Page 141]

Before us are cross-appeals from a decision of the Court of Common Pleas of Delaware County. The court affirmed an order of the Pennsylvania Liquor Control Board (Board) revoking licensee DePearl Corporation's (DePearl) restaurant liquor license and directing forfeiture of bonds.

On September 13, 1978 the Board issued a citation against DePearl, alleging that the licensed corporation had falsified its restaurant liquor license applications for the years 1969 through 1978, in violation of Section 403(h) of the Liquor Code.*fn1 Specifically, the Board charged that DePearl, through its agents, had intentionally made false statements in the aforesaid applications by failing to set forth therein one Frank H. Miller's financial interest in the licensed business.

On April 30, 1979, following hearings held before an examiner, the Board issued its opinion, wherein it made the following findings of fact:

1. The licensed corporation was not the only one pecuniarily interested in the operation

[ 65 Pa. Commw. Page 142]

    of the licensed business in that it was owned by one Frank H. Miller.

2. The licensee falsified its Applications for Restaurant Liquor License for the license years expiring October 31, 1969, 1970, 1971, 1972, 1973, 1974, 1975, 1976, 1977, and 1978.

In accordance with these findings, the Board entered an order revoking DePearl's liquor license and directing forfeiture of bonds filed with DePearl's license applications for the years 1975, 1976, 1977, and 1978. An appeal by the ...


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