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GTRT (04/21/83)

COMMONWEALTH COURT OF PENNSYLVANIA


April 21, 1983

IN RE: GTRT, INC., TRADING AS BEER AND BEVERAGE CENTER; COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT

NO. 3232 C.D. 1980

Before Honorable Theodore O. Rogers, Judge Honorable David W. Craig, Judge Honorable John A. MacPHAIL, Judge

Author: Macphail

JUDGE MacPHAIL

This appeal by the Pennsylvania Liquor Control Board (Board) from an order of the Court of Common Pleas of Allegheny County reversing the Board's decision to impose a $250.00 fine on GTRT, Inc. t/a Beer and Beverage Center (Licensee) involves the identical fact pattern and the exact issue this Court faced in In Re: Marilyn Lampl v. Pennsylvania Liquor Control Board, 73 Pa. Commonwealth Ct. 514, 458 A.2d 660 (No. 3129 C.D. 1980, filed April 19, (1983)). The issue here as in Lampl is whether the failure of the Board to give a licensee specific instructions or orientation with respect to the maintenance of certain specific records, to wit, a purchase register, sales register and perpetual inventory record as required by the Board's regulations*fn1 is a valid defense to the Licensee's admitted failure to maintain such records. In Lampl we noted that this Court had previously decided in Allegheny Beverage Co., Inc. v. Pennsylvania Liquor Control Board, 67 Pa. Commonwealth Ct. 487, 447 A.2d 725 (1982) that the Board was under no duty to advise licensees of their statutory or regulatory legal responsibilities in the operation of their licensed premises. We concluded in Lampl that that holding was directly applicable to the licensee's record keeping obligations.

We, accordingly, reverse the trial court in the instant case.

John A. MacPhail, Judge

Order

It is ordered that the order of the Court of Common Pleas of Allegheny County numbered SA 1139 and dated November 18, 1980, is hereby reversed.

John A. MacPhail, Judge


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