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MATTER REVOCATION RESTAURANT LIQUOR LICENSE NO. R-13634 (01/30/86)

decided: January 30, 1986.

IN THE MATTER OF REVOCATION OF RESTAURANT LIQUOR LICENSE NO. R-13634, AMUSEMENT PERMIT NO. AP-13634, AND SUNDAY SALES PERMIT NO. SS-13634, ISSUED TO: WILLIAM HEWITT & EDGAR W. HEWITT CORPORATION, T/A CHERRY'S I. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT


Appeal from the Order of the Court of Common Pleas of Bucks County in case of In the matter of Revocation of Restaurant Liquor License No. R-13634, Amusement Permit No. AP-13634 and Sunday Sales Permit No. SS-13634 issued to William Hewitt & Edgar Hewitt Corporation, Cherry's I, No. 20 MM 1984.

COUNSEL

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

Barry H. Denker, for appellee.

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

Author: Macphail

[ 94 Pa. Commw. Page 472]

The Pennsylvania Liquor Control Board (Board) appeals here from an order of the Court of Common Pleas of Bucks County which modified a penalty imposed

[ 94 Pa. Commw. Page 473]

    by the Board on William Hewitt & Edgar W. Hewitt Corporation t/a Cherry's I (Licensee) for violating the sales-to-minors prohibition of the Liquor Code*fn1 (Code). We reverse.

The Board found that "[t]he licensee, by its servants, agents or employes sold, furnished and/or gave or permitted such sale, furnishing and/or giving of liquor and/or malt or brewed beverages to minors, on March 13, 14, 1983. . . ." Based on this finding and on a previous citation issued against the licensee,*fn2 the Board revoked Licensee's license and declared its bond to be forfeited.

Licensee appealed to the trial court which conducted a hearing de novo. Following the hearing, the Court made the following pertinent findings of fact:

1. On March 13, 1984, before midnight, the appellant permitted the giving of liquor to Sandra Constable, a minor, age 18.

2. On March 13 and 14, 1984 the appellant permitted Lisa Wagner, a minor age 20 to be on its premises during working hours. There is insufficient credible evidence as to whether or not the beverages she consumed before midnight on March 13, were alcoholic. She did consume alcohol between midnight and 2:00 a.m. on March 14, 1984.

4. Sandra Constable . . . had with her a "Pennsylvania Identification card" with her picture on it. The birthdate ...


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