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COMMONWEALTH PENNSYLVANIA v. JOSEPH W. LEGGENS AND JOYCE E. LEGGENS (06/13/88)

decided: June 13, 1988.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT
v.
JOSEPH W. LEGGENS AND JOYCE E. LEGGENS, APPELLEES



Appeal from the Order of the Court of Common Pleas of Westmoreland County, in the case of In Re: Appeal of Joseph W. Leggens & Joyce E. Leggens, No. 82 Civil 1986.

COUNSEL

Felix Thau, Deputy Chief Counsel, and Kenneth B. Skelly, Chief Counsel, for appellant.

No appearance for appellees.

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

Author: Doyle

[ 117 Pa. Commw. Page 108]

This is an appeal by the Pennsylvania Liquor Control Board (Board) from an order of the Court of Common Pleas of Westmoreland County which reversed an

[ 117 Pa. Commw. Page 109]

    order of the Board revoking the liquor license of Joseph W. Leggens and Joyce E. Leggens t/a Blue Heaven (Licensees).

The Board's revocation was based upon the following findings:

1. The licensees, their servants, agents or employes aided, abetted or engaged in the traffic in or sale of a controlled substance on the licensed premises and/or permitted use of their premises in the furtherance of the traffic in or use of a controlled substance, on October 7, 1985.

2. The licensees, their servants, agents or employes possessed a controlled substance on the licensed premises, on October 7, 1985. . . .

Licensees appealed the Board's order, and the common pleas court conducted a de novo hearing. The court found that during an investigation, which occurred on October 7, 1985, one John McGranahan was acting as a bartender at the subject tavern. McGranahan sold a controlled substance to a patron. The court also found, however, that McGranahan had never been employed by the Licensees, nor had the Licensees authorized anyone to employ him, and, thus, that he was not an officer, servant, agent or employee of the Licensees. The bartenders who were scheduled to work on the night in question were Marilyn Huybrecht and Clarence Burkett. When Huybrecht reported to the licensed premises on the night in question she informed Burkett, who was then tending bar, that she was going upstairs to her apartment for a while but would return later to begin her duties. The trial court found that Huybrecht had no knowledge that ...


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