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NEW LOOK LOUNGE (05/05/83)

decided: May 5, 1983.

IN RE: NEW LOOK LOUNGE, INC. ETC. NEW LOOK LOUNGE, INC., APPELLANT


Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of In Re: New Look Lounge, Inc., appealing from the Suspension of its Restaurant Liquor License No. R-6271 by the Pennsylvania Liquor Control Board, No. SA 734 of 1981.

COUNSEL

Louis E. Caputo, for appellant.

Gary F. Divito, Assistant Counsel, with him J. Leonard Langan, Chief Counsel, for appellee.

Judges Blatt, williams, Jr. and Barbieri, sitting as a panel of three. Opinion by Judge Barbieri.

Author: Barbieri

[ 74 Pa. Commw. Page 167]

The appellant, New Look Lounge, Inc., appeals an Allegheny County Common Pleas Court Order, which affirmed and modified an order of the Pennsylvania Liquor Control Board (Board) suspending the appellant's liquor license for a period of ten days.

On December 4 and 11, 1980, the appellant/licensee was investigated by an enforcement officer of the Board who observed several apparent violations of the Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 47 P.S. ยงยง 1-101-9-902. On the dates in question, the officer observed that the appellant, in a room open only to females, provided male go-go dancers, which dancers were observed kissing female patrons. Additionally, the officer observed that the appellant offered drinks at a two-for-one price in the room featuring its dancers. At a hearing held on May 27, 1981, the Board made the following findings:

1. The licensee's licensed establishment was not accessible at all times to the use and accommodation of the general public, on December 4, 11, 1980.

2. The licensee, by its servants, agents or employees offered and/or gave inducements to certain persons by allowing them privileges not permitted the general public, on December 4, 11, 1980.

[ 74 Pa. Commw. Page 1683]

. The licensee permitted entertainers to conduct and/or associate with patrons on the licensed premises, on December 4, 11, 1980.

The Board, concluding that the appellant was in violation of several provisions of the Liquor Code, suspended the appellant's liquor license for a period of ten days. The appellant/licensee appealed to the court of common pleas, which affirmed the Board's suspension, but modified the penalty to seven days after deciding that the two-for-one pricing was not a violation of the Liquor Code. The present appeal followed.

The appellant asserts that, since there were other rooms upon the premises open at all times to the general public and the inaccessibility to its room featuring male dancers was limited only during performance hours, ...


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