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SLOVAK-AMERICAN CITIZENS CLUB OAKVIEW v. COMMONWEALTH PENNSYLVANIA (10/20/88)

decided: October 20, 1988.

SLOVAK-AMERICAN CITIZENS CLUB OF OAKVIEW, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLEE



Appeal from the Order of the Court of Common Pleas of Delaware County in the case of Slovak-American Citizens Club of Oakview v. Pennsylvania Liquor Control Board, No. A-38, Pages 232-85.

COUNSEL

Gary F. Di Vito, Goldstein, Friedberg, Kelly and Di Vito, P.C., for appellant.

Felix Thau, Deputy Chief Counsel, for appellee.

Judges Doyle, Palladino and Smith, sitting as a panel of three. Opinion by Judge Smith. Judge Palladino concurs in the result only. This decision was reached prior to the resignation of Judge MacPhail.

Author: Smith

[ 120 Pa. Commw. Page 529]

Appellant Slovak-American Citizens Club of Oakview (Slovak) appeals from the decision of the Court of Common Pleas of Delaware County which affirmed two January 17, 1985 orders of the Pennsylvania Liquor Control Board (Board) under the Liquor Code (Code).*fn1 The first Board order suspended Slovak's liquor license for improper record-keeping under Section 493(12) of

[ 120 Pa. Commw. Page 530]

    the Code*fn2 while the second order revoked Slovak's liquor license for sale of alcoholic beverages to a non-member in violation of Section 406(a) of the Code,*fn3 and ordered forfeiture of Slovak's bond.

Issues presented for review pertain to the trial court's findings relative to the constitutionality of Section 493(12); Board compliance with the mandatory ten-day notice requirement of Section 471 of the Code;*fn4 and sufficiency of the evidence to support the citation for sale of alcoholic beverages to a non-member. The trial court's decision is affirmed.

On April 11, 1984, the Board by citation no. 996 charged Slovak with failure to maintain records for a two-year period immediately preceding February 23, 1984 and failure to maintain complete and truthful records for its business operation between May 4, 1983 and February 22, 1984. Slovak was again cited on May 23, 1984 by citation no. 1526 for selling alcoholic beverages to a non-member on March 28, 1984. Following departmental hearing, the Board found Slovak guilty of the violations charged in both citations and imposed a 30-day liquor license suspension for no. 996 and a revocation for no. 1526.*fn5 Slovak then appealed to the trial

[ 120 Pa. Commw. Page 531]

    court which, after a consolidated hearing de novo, affirmed the Board's ...


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