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COMMONWEALTH PENNSYLVANIA v. BENEFICIAL & PROTECTIVE ASSN. LACE OPERATIVES PHILADELPHIA (07/22/82)

decided: July 22, 1982.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT
v.
BENEFICIAL & PROTECTIVE ASSN. OF LACE OPERATIVES OF PHILADELPHIA, APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Commonwealth of Pennsylvania v. Beneficial and Protective Association of Lace Operatives of Philadelphia, Docket No. 8101-2428.

COUNSEL

Patrick M. McHugh, Assistant Counsel, with him J. Leonard Langan, Chief Counsel, for appellant.

No appearance for appellee.

Judges Rogers, Blatt and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 67 Pa. Commw. Page 591]

The Pennsylvania Liquor Control Board appeals here from a decision of the Court of Common Pleas of Philadelphia County, which reversed the board's order imposing a fine of $450 on Beneficial & Protective Association of Lace Operatives of Philadelphia (licensee), holder of a club liquor license issued by the board.

The board's order resulted from its findings of fact, which were derived from an extensive administrative hearing, that the licensee had violated the Pennsylvania Liquor Code*fn1 by: (1) permitting minors to frequent the licensed premises;*fn2 (2) selling, furnishing

[ 67 Pa. Commw. Page 592]

    or permitting the sale of alcoholic beverages to minors;*fn3 and (3) selling alcoholic beverages to nonmembers.*fn4

The common pleas court conducted a de novo trial as prescribed in Section 4-471 of the Code,*fn5 in which it admitted as evidence the record of the administrative hearing, without objection from the licensee,*fn6 and heard additional testimony.

In reversing the board's order, the common pleas court disregarded testimony from the administrative hearing, considering only the testimony which it had heard directly. The court then concluded that the record was insufficient to support the board's findings.

Our scope of review in liquor license revocations is limited to determining whether the court below committed an error of law or abused its discretion. Matter of Mount Carmel Legion Memorial ...


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