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APPEAL CHARSUNER BAR CORPORATION. CHARSUNER BAR CORPORATION (08/18/82)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: August 18, 1982.

APPEAL OF: CHARSUNER BAR CORPORATION. CHARSUNER BAR CORPORATION, APPELLANT

Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of In The Matter of: Charsuner Bar Corporation, No. M.C. 78-07-2289.

COUNSEL

Abraham J. Levinson, for appellant.

J. Leonard Langan, Chief Counsel, for appellee, Pennsylvania Liquor Control Board.

President Judge Crumlish, Jr. and Judges Blatt and Doyle, sitting as a panel of three. Opinion by President Judge Crumlish, Jr. Judge Mencer did not participate in the decision in this case.

Author: Crumlish

[ 68 Pa. Commw. Page 383]

The Philadelphia County Common Pleas Court affirmed a seven-day liquor license suspension. The licensee, Charsuner Bar Corporation, appeals. We affirm.

Before the Pennsylvania Liquor Control Board (LCB), five minors testified that they were served beer, daiquiris, and kaluha and cream drinks*fn1 resulting in a suspension being imposed.*fn2 The minors also testified that no one had requested or checked their identification.

Our scope of review is limited to determining if the LCB's order was supported by substantial evidence, and whether the trial court committed an error of law or abused its discretion. New Sorrento, Inc. v. Pennsylvania Liquor Control Board, 64 Pa. Commonwealth Ct. 422, 440 A.2d 676 (1982).

Before the LCB, Charsuner never attempted to assert the only available defense to this violation, to wit, compliance with Section 4-495(b) and (c)*fn3 of the

[ 68 Pa. Commw. Page 384]

Code. Charsuner now contends that, because no proof was offered as to the exact alcoholic content of the beer, daiquiris or kaluha and cream served, the Commonwealth has failed to meet its burden to show that alcoholic beverages were served. We find this argument without merit. The record amply supports the conclusion that these minors were served alcoholic beverages in violation of this Code.

Affirmed.

Order

The order of the Philadelphia County Common Pleas Court, M.C. 78-07-2289, dated November 13, 1978 is affirmed.

Judge Mencer did not participate in the decision in this case.

Disposition

Affirmed.


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