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COMMONWEALTH PENNSYLVANIA v. 4828 NORTH BROAD CORPORATION (09/19/83)

decided: September 19, 1983.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT
v.
4828 NORTH BROAD CORPORATION, APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Commonwealth of Pennsylvania, Liquor Control Board v. 4828 North Broad Corporation, No. 8103-2444.

COUNSEL

Felix Thau, Assistant Counsel, with him Gary F. DiVito, Acting Chief Counsel, for appellant.

Paul D. Sulman, for appellee.

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

Author: Crumlish

[ 77 Pa. Commw. Page 226]

The Pennsylvania Liquor Control Board (Board) appeals a Philadelphia County Common Pleas Court order reversing the Board's imposition of a fine. We affirm in part and remand.

On August 21, 1980, 4828 North Broad Corporation (Licensee) executed a renewal application for its liquor license. Item No. 4 on the application posed the following question:

Is a current valid health license posted on the premises?

On August 21st, the Licensee did not have a valid "Preparing and Food Serving License" from the City's Department of Licenses and Inspections; in fact, the establishment had been without a permit since April 30, 1980. Consequently, in order to expedite the application's preparation, Item No. 4 was left blank at the time the document was signed and notarized. Later, on August 27, 1980, the Licensee obtained a valid health permit and notified its attorney, who completed Item No. 4 and submitted the application to the Board on September 2, 1980. The application was approved on September 11, 1980.

On October 8, 1980, the Board cited the Licensee for the following alleged violations:

[ 77 Pa. Commw. Page 2271]

) falsification of its license renewal application; and

2) operating an establishment without a valid health permit between April 30, ...


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