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JACK R. HARMAN AND CATHERINE R. HARMAN v. COMMONWEALTH PENNSYLVANIA (06/27/88)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: June 27, 1988.

JACK R. HARMAN AND CATHERINE R. HARMAN, APPELLANTS
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLEE

Appeal from the Order of the Court of Common Pleas of Dauphin County, in the case of Jack R. Harman and Catherine R. Harman v. Pennsylvania Liquor Control Board, No. 80 MD 1986.

COUNSEL

Arthur K. Dils, for appellants.

Felix Thau, Deputy Chief Counsel, for appellee.

Judges Craig, McGinley and Smith, sitting as a panel of three. Opinion by Judge Smith.

Author: Smith

[ 117 Pa. Commw. Page 327]

Jack R. Harman and Catherine R. Harman (Appellants) appeal from a decision of the Court of Common Pleas of Dauphin County which affirmed a suspension of 25 days imposed against Appellants' establishment, The Railroad House, located in Middletown, Pennsylvania, by the Pennsylvania Liquor Control Board (Board). Appellants were cited for providing lewd, immoral and improper entertainment in violation of Section 493 (10) of the Liquor Code, 47 P.S. ยง 4-493(10).*fn1

[ 117 Pa. Commw. Page 328]

Our scope of review in cases such as this one is to determine whether there is substantial evidence to support the trial court's findings or whether the trial court committed an error of law or abused its discretion. In Re: 23rd St., Inc., 102 Pa. Commonwealth Ct. 224, 517 A.2d 581 (1986).

The question presented in this appeal is one of first impression in this Court. The issue before the Court is whether simulated sex via the medium of television constitutes entertainment of a lewd, immoral and improper nature which violates Section 493 of the Liquor Code. The well-written opinion of Judge John C. Dowling of the Court of Common Pleas of Dauphin County properly addresses the issue raised in this appeal.*fn2

Accordingly, we affirm the trial court on the basis of the opinion issued by Judge John C. Dowling, Court of Common Pleas of Dauphin County, in the matter of Harman v. Pennsylvania Liquor Control Board, Pa. D. & C. 3d , 107 Dauph. 8 (1986).

Order

And Now, this 27th day of June, 1988, the decision of the Court of Common Pleas of Dauphin County, dated April 30, 1986, is hereby affirmed.

Disposition

Affirmed.


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