DocketNumber: Appeal, No. 1029 C.D. 1977
Citation Numbers: 38 Pa. Commw. 596
Judges: Crumlish, MacPhail, Maophail, Wilkinson
Filed Date: 11/27/1978
Status: Precedential
Modified Date: 6/24/2022
Opinion by
On June 7, 1976, the Pennsylvania Liquor Control Board (Board) issued an order suspending the restaurant liquor license of Edward J. and Kathryn Griffin (Licensees) for a period of three (3) days, effective July 1, 1976, “and thereafter until the licensees have corrected the unsanitary conditions which caused the citation to be issued.” On July 6, 1976, the Licensees served beer to a Board officer. As of that date, the license .in question had not been restored.
Even though there is evidence from which the learned trial judge could make the findings upon which he based his order to vacate the order of the Board, the fact remains that the Licensees sold alcoholic beverages at a time when they did not have a license, for whatever reason. Section 492(2) of the Liquor Code (Code), Act of April 12, 1951, P.L. 90, as amended, 47 P.S. §4-492(2), states:
It shall be unlawful—
(2) Sales of Malt or Brewed Beverages for Consumption on the Premises. For any person to sell to another for consumption upon the premises where sold or to permit another to consume upon the premises where sold, any malt or brewed beverages, unless such person holds a valid retail dispenser license or a valid liquor license issued by the board authorizing the sale of malt or brewed beverages for consumption upon such premises.
Hence, whether the alleged unsanitary conditions were corrected or not,
Order
And Now, this 27th day of November, 1978, the order of the Court of Common Pleas of the First Judicial District of Pennsylvania, Trial Division, dated May 2, 1977, is reversed and the order of the Pennsylvania Liquor Control Board, dated November 22, 1976, is reinstated.
It was restored on July 8, 1976.
We do note that the Licensees did not have their health certificate reissued until July 7, 1978.