Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

1316 v. COMMONWEALTH PENNSYLVANIA (03/14/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: March 14, 1983.

1316, INC., APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLEE

Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Commonwealth of Pennsylvania v. 1316, Inc., No. 2385 February Term, 1980.

COUNSEL

A. Charles Peruto, with him, Michael D. Fioretti and Leon W. Tucker, for appellant.

David Shotel, Assistant Counsel, with him, J. Leonard Langan, Chief Counsel, for appellee.

President Judge Crumlish, Jr. and Judges Rogers and MacPhail, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 72 Pa. Commw. Page 5671316]

, Inc., appeals a Philadelphia County Common Pleas Court order which affirmed the Pennsylvania Liquor Control Board's suspension of its liquor license. We affirm.

The Board found that 1316, Inc. had violated Section 491 of the Liquor Code*fn1 by refilling liquor bottles, and ordered a twenty-one day suspension of its restaurant liquor license. 1316, Inc., appealed to the common pleas court which, following a de novo hearing, made essentially the same findings of fact as the Board, but remanded the matter to the Board "for reconsideration of the penalty only in light of the testimony adduced before the Court of Common Pleas.*fn2 Following reconsideration, the Board reimposed the original twenty-one day suspension, which the common pleas court subsequently affirmed without receiving further evidence.

Where the court below has taken no additional evidence and has affirmed a liquor license suspension, our scope of review is limited to determining whether the Board's order was supported by sufficient evidence and whether the court below abused its discretion or

[ 72 Pa. Commw. Page 568]

    committed an error of law. Matter of Banks, 53 Pa. Commonwealth Ct. 11, 416 A.2d 631 (1980).

1316, Inc.'s sole contention before this Court is that the Board erred, as a matter of law, in reimposing the suspension without holding another hearing.*fn3 This question is not, however, within our scope of review. Matter of Banks. Thus, 1316, Inc. has not presented a question for our review.

Order

The order of the Philadelphia County Court of Common Pleas, dated April 8, 1980, at No. 2385 February Term, 1980, is hereby affirmed.

Disposition

Affirmed.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.