68 Pa. Commw. 382 | Pa. Commw. Ct. | 1982
Opinion by
The Philadelphia County Comm on Pleas Court affirmed a seven-day liquor license suspension. The licensee, Charsuner Bar Corporation, appeals. We affirm.
Before the Pennsylvania Liquor Control Board (LCB), five minors testified that they were served beer, daiquiris, and kaluha and cream drinks
Our scope of review is limited to determining if the LCB’s order was supported by substantial evidence, and whether the trial court committed an error of law or abused its discretion. New Sorrento, Inc. v. Pennsylvania Liquor Control Board, 64 Pa. Commonwealth Ct. 422, 440 A.2d 676 (1982).
Before the LCB, Charsuner never attempted to assert the only available defense to this violation, to wit, compliance with Section 4-495 (b) and (c)
Affirmed.
Order
The order of the Philadelphia County Common Pleas Court, M.C. 78-07-2289, dated November 13, 1978 is affirmed.
Charsuner was cited for a violation of Section 493(1) of the Liquor Code, P.L. 90, as amended, 47 P.S. §4-493.
Section 4-493 provides in part :
It shall be unlawful—
(1) For any licensee ... or any employe, servant or agent of such licensee ... to sell, furnish or give any liquor or malt or brewed beverages ... to any minor. . . .
The only defense to a violation of Section 4-493(1) is compliance with Section 4-495(b) requiring presentation of an LCB card and signing of a card as prescribed by Section 4-495(c).
Charsuner cites Commonwealth v. Erney, 212 Pa. Superior Ct. 174, 239 A.2d 818 (1968) to support its contention that without more the minors’ testimony is insufficient to support this suspension. We disagree, this court having accepted similar testimony as sufficient to support an LCB fine or suspension on numerous occasions. See, e.g., New Sorrento, Inc. v. Pennsylvania Liquor Control Board, 64 Pa. Commonwealth Ct. 422, 440 A.2d 676 (1982).