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MARILYN LAMPL (04/19/83)

decided: April 19, 1983.

IN RE: MARILYN LAMPL, TRADING AS MALL BEVERAGE STORE ETC. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT


Appeal from the Order of the Court of Common Pleas of Allegheny County in case of In Re: Marilyn Lampl, trading as Mall Beverage Store; Appeal from an Order of the Pennsylvania Liquor Control Board imposing a fine upon beer distributor licensee, No. S.A. 1140 of 1980.

COUNSEL

Gary F. DiVito, Assistant Counsel, with him J. Leonard Langan, Chief Counsel, for appellant.

No appearance for appellee.

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

Author: Macphail

[ 73 Pa. Commw. Page 515]

The Pennsylvania Liquor Control Board (Board) appeals here from a decision of the Court of Common Pleas of Allegheny County reversing the decision of the Board which imposed a fine of $250.00 on Marilyn Lampl, t/a Mall Beverage Store*fn1 (Licensee) for her failure to maintain records in conformity with the regulations promulgated pursuant to the Liquor Code (Code).*fn2

[ 73 Pa. Commw. Page 516]

Although we do not have the benefit of a brief submitted by the Licensee the record reveals that the essential facts of this case are not in dispute. On March 12, 1980, the Board issued a citation to the Licensee for failing to maintain the following records on the licensed premises: a purchase register, a sales register and a perpetual inventory record. These records were required to be maintained under the regulations of the Board.*fn3 At a hearing before the Board, the Licensee admitted that such records were not maintained but that all of the information for such records was available from other records kept on the premises. The Board found Licensee to be in violation and fined her $250.00

In her appeal to the trial court, Licensee argued*fn4 that she did not knowingly violate the recording regulations because the Board had not provided her with an orientation session concerning her regulatory responsibilities in the operation of her licensed business, specifically with reference to the maintenance of the questioned forms.

The trial court made the following findings of fact:

(1) The Pennsylvania Liquor Control Board is obligated or (sic) orient each new licensee and, in the case of a corporate licensee, each new officer who has the responsibility of operating the license for the corporation.

(2) The orientation required is to acquaint new licensees and ...


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