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COMMONWEALTH PENNSYLVANIA v. UPSTAGE CORPORATION (04/14/88)

decided: April 14, 1988.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT
v.
THE UPSTAGE CORPORATION, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County, in case of The Upstage Corporation, a corporation v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, No. S.A. 2255 of 1986.

COUNSEL

Faith S. Kiehl, Assistant Counsel, for appellant.

Samuel J. Pasquarelli, Jubelirer, Pass & Intrieri, P.C., for appellee.

Judges Barry and McGinley, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 115 Pa. Commw. Page 335]

The Pennsylvania Liquor Control Board (Board) appeals an order of the Court of Common Pleas of Allegheny County which reversed a Board order which imposed a $500 fine upon the Upstage Corporation (licensee) for allowing a minor to frequent the premises and serving a minor intoxicating beverages.

[ 115 Pa. Commw. Page 336]

The licensee was cited by the Board on September 11, 1985 after Liquor Control Board Agents witnessed a minor consuming alcohol on the premises. On this date the minor was not required to show identification to gain entrance to the licensee's establishment or when she was served the liquor. On a previous occasion the minor had been requested, by the licensee's doorman, to present identification. She presented a birth certificate fraudulently depicting her age to be 24 years. The licensee did not request the minor to sign a minor identification card.

The licensee appealed this citation. The Board found that:

1) The licensee, by its servants, agents or employes permitted minor(s) to frequent the licensed premises, on August 21, 28, September 4, 9 and 11, 1985.

2) The 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 minor(s), on August 21, 28, September 4, 9 and 11, 1985.

Based on these findings of fact, the Board concluded that the licensee should pay a $500 fine.

The licensee appealed the Board's decision. The trial court opined that a birth certificate was sufficient to establish the age of a person seeking to be served intoxicating beverages. The trial court concluded that the licensee had made a good faith effort to determine the age of the minor, thereby establishing a ...


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