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COMMONWEALTH PENNSYLVANIA v. PEACOCK HOTEL (11/10/88)

decided: November 10, 1988.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT
v.
PEACOCK HOTEL, INC., APPELLEE



Appeal from the Order of the Pennsylvania Liquor Control Board, in the case of In Re: Peacock Hotel, Inc., No. Misc. 360-1986.

COUNSEL

Faith S. Deihl, Assistant Counsel, with her, Kenneth B. Skelly, Chief Counsel, for appellant.

Bernard V. O'Hare, O'Hare and Heitczman, for appellee.

Judges Doyle and McGinley, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge McGinley. Judge MacPhail did not participate in the decision in this case.

Author: Mcginley

[ 121 Pa. Commw. Page 58]

The Pennsylvania Liquor Control Board (Board) appeals an order of the Court of Common Pleas of Northampton County (trial court) which reversed the citation at Case No. 85-3377 issued by the Board against the Peacock Hotel, Inc. (Licensee) on the following charges:

[ 121 Pa. Commw. Page 591]

. The Licensee was not a bona fide hotel where the public may for a consideration obtain meals in that there was insufficient supply of food on September 29, 1985.

2. The Licensee by its servants, agents or employees aided, abetted, or engaged in the traffic in or sale of a controlled substance on the licensed premises and/or permitted the use of its licensed premises for the furtherance of the traffic in or use of a controlled substance on September 21 and 29, 1985.

3. The Licensee by its servants, agents or employees employed known criminals and/or persons of ill repute on September 21, 29, October 4 and 5, 1985.

4. The Licensee, by its servants, agents or employees permitted upon the licensed premises solicitation of patrons for immoral purposes on September 29, 1985.

Opinion of the Board, November 17, 1986, at 1.

For these violations the Board revoked the license with bond forfeiture. At a companion citation, Case No. 86-0822, the trial court dismissed the Licensee's appeal of the Board's fine and revocation of Licensee's Sunday sales permit. ...


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