76 Pa. Commw. 626 | Pa. Commw. Ct. | 1983
Opinion by
The Pennsylvania Liquor Control Board appeals a Philadelphia County Common Pleas Court order reversing a liquor license suspension. We reverse.
Our scope of review is limited to a determination of whether the order was supported by sufficient evidence and whether the court below committed an error of law or abused its discretion. Matter of Revocation of Hotel Liquor License, 73 Pa. Commonwealth Ct. 198, 457 A.2d 1035 (1983).
Before the trial Court may modify or set aside Board actions, it must make findings of fact on the material issues different from those made by the Board. Pennsylvania Liquor Control Board v. Brock’s Cafe, Inc., 39 Pa. Commonwealth Ct. 597, 598, 396 A.2d 74, 75 (1974). Here, the trial court found that “Eclectic repaired the violation the day after notification of its nonconformity but remained closed for approximately four days until a reinspection by L & I could be arranged.” (Emphasis added.) The trial court clearly recognized that a violation did occur.
Since the Board found that this violation was Eclectic’s third violation in a four-year period, at least a license suspension was required.
Reversed.
Order
The Philadelphia County Court of Common Pleas order, No. 8107-2476, dated July 2, 1982, is hereby reversed.
No brief was filed on behalf of Eclectic Enterprises, Inc.
The Board has the authority to suspend a liquor license “upon ... sufficient cause shown....” Section 471 of the Liquor Code, Act of June 3, 1971, P.L. 143, as amended, 47 P.S. §4-471.
The trial court’s reasoning that the violation was not “a serious one” and thus should be excused is unsupportable. It is not for the trial court to ascertain whether a violation is severe enough to warrant a penalty.
Section 471 of the Liquor Code specifically provides that:
If the violation in question is a third or subsequent violation of this act or ... [of] “The Penal Code,” occurring within a period of four years the board shall impose a suspension or revocation. (Emphasis added.)