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BELMONT HUNTING AND FISHING CLUB ALLEGHENY CITY/FRESH START (06/05/85)

decided: June 5, 1985.

IN RE: BELMONT HUNTING AND FISHING CLUB OF ALLEGHENY CITY/FRESH START, INC. (BINGO LICENSE NO. 240). WILLIAM LANE, PRESIDENT OF BELMONT HUNTING AND FISHING CLUB, INC., APPELLANT


Appeal from the Order of the Court of Common Pleas of Beaver County in case of In Re: Belmont Hunting and Fishing Club of Allegheny City/Fresh Start, Inc., No. 1191 of 1983.

COUNSEL

Joseph N. Bifano, for appellant.

Edward S. Young, for appellee.

Judge MacPhail and Senior Judges Blatt and Barbieri, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 90 Pa. Commw. Page 2]

This matter involves an appeal from an order by the Court of Common Pleas of Beaver County which upheld the revocation by the Treasurer of Beaver County (Treasurer) of a bingo license issued to Belmont Hunting and Fishing Club of Allegheny City (Appellant),*fn1 now known as Fresh Start, Inc. We affirm.

On October 12, 1982, Appellant applied for and received a bingo license from the office of the Treasurer. Attached to the application was a resolution signed by the Appellant's president and secretary stating that a regular meeting of the club was held October 4, 1982, at which time the proper officers of the corporation were authorized to apply for the license. The application stated that funds derived from the operation of the bingo games would be used for charitable purposes. A copy of the Appellant's charter was also attached to the application indicating that the club was chartered as a non-profit corporation on May 15, 1888, for the stated purpose of

Establishing, keeping, maintaining and conducting a club or association for the pleasure, amusement and recreation of its members in

[ 90 Pa. Commw. Page 3]

    hunting, fishing and like sports and recreation also for social meetings and enjoyment . . . .

The District Attorney of Beaver County, based on his investigation of complaints concerning bingo games by Appellant, sent the Treasurer a letter on June 21, 1983, indicating possible violations by Appellant of Section 6 of the Bingo Law (Law),*fn2 and recommended that the license be revoked. Appellant was notified of the District Attorney's recommendation and was further advised that the license would be revoked effective July 23, 1983. Appellant requested and was given an administrative hearing by the Treasurer on July 21, 1983, following which the Treasurer issued an adjudication revoking Appellant's license because 1) Appellant rented equipment for the bingo games in violation of Section 6(a)(5) of the Law; 2) Appellant provided false and erroneous information in its original application for the license in violation of Section 6(a)(7) of the Law; and 3) the name and purpose of Appellant's association had been changed to Fresh Start, Inc., a new organization, which had not been in existence for two years prior to the filing for a license in violation of Section 3 of the Law, 10 P.S. § 303.

Pursuant to Section 752 of the Local Agency Law, 2 Pa. C.S. § 752, Appellant appealed the Treasurer's adjudication to the court of common pleas. Both parties stipulated that the record made before the Treasurer would be the record on appeal; however, the court of common pleas did permit over objection Appellant's new evidence of two cancelled checks and an invoice for the purpose of proving payment for and ownership of equipment used for the ...


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