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RUM SELLER v. COMMONWEALTH PENNSYLVANIA (11/17/83)

decided: November 17, 1983.

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



Appeal from the Order of the Court of Common Pleas of Lackawanna County in the case of In Re: Appeal of Rum Seller, Inc., from Pennsylvania Liquor Control Board, No. 81 Misc. 344.

COUNSEL

Brian J. Cali, for appellant.

Felix Thau, Assistant Counsel, with him J. Leonard Langan, Chief Counsel, for appellee.

Judges Rogers, Williams, Jr. and Barbieri, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 78 Pa. Commw. Page 415]

Rum Seller, Inc. (licensee) appeals from an order of the Court of Common Pleas of Lackawanna County affirming a decision of the Pennsylvania Liquor Control Board (Board) revoking*fn1 the licensee's restaurant liquor license effective January 11, 1982 and forfeiting its bonds for license years beginning the first of August 1978, 1979 and 1980 and ending, respectively, the thirty-first of July 1979, 1980 and 1981.

[ 78 Pa. Commw. Page 416]

The Board made the following findings:

1. The licensed corporation was not the only one pecuniarily interested in the operation of the licensed business, during the period April 1, 1979 to February 10, 1981.

2. The licensee, by its servants, agents or employes did permit its Wholesale Liquor Purchase Permit Card to be used illegally, during the period April 18, 1979 to January 16, 1981.

3. The licensee falsified its Application for Restaurant Liquor License for the license year expiring July 31, 1981, on May 5, 1980.

4. The licensee's Board-approved manager, Rosemarie Henson, failed to devote full time and attention to the operation of the licensed business, during the period April 1, 1979 to February 10, 1981.

5. The licensee's Board-approved manager, Rosemarie Henson, was employed by other than the licensed corporation, during the ...


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