215 Pa. Super. 1 | Pa. Super. Ct. | 1969
Opinion by
Delpark Athletic Club is the holder of club liquor license No. C-2829 issued by the Pennsylvania Liquor Control Board. The instant appeal involves three citations issued by the Board directing the licensee to show cause why its license should not be revoked by reason of certain violations alleged therein. Citation No. 498 of 1967 was issued April 4, 1967. Citation No. 556 of 1967 was issued April 18, 1967. Citation No. 923 of 1967 was issued June 20, 1967. Hearings on these citations were conducted before one of the
The case at bar is ruled by the decision of our Supreme Court in Noonday Club of Delaware County, Inc: Liquor License Case, 433 Pa. 458, 252 A. 2d 568, wherein it was held improper to treat two separate citations as one proceeding. In the words of Mr. Justice Cohen : “Each citation issued by the Board constitutes separate and distinct violations, and if the lower court fails to make any material changes in the findings by the Board with respect to one citation, the Board’s penalty of revocation must stand”. It follows that the lower court should have considered each citation as a separate and distinct basis for action by the Board. Changed findings of fact as to Citation No. 498 did not warrant reversal of the Board’s orders as to Citations Nos. 556 and 923. Since the court below made no change in the findings of the Board with respect to the last two citations, it lacked authority to disturb the Board’s orders of revocation.
“1. The licensed organization was not operated for the mutual benefit of the entire membership. 2. The licensed organization, by its servants, agents or employees failed to adhere to the provisions of the constitution and by-laws. 3. The licensed organization, by its servants, agents or employes failed to conduct club business through officers regularly elected. 4. The licensed organization, by its servants, agents or employes failed to hold regular meetings. 5. The licensed organization, by its servants, agents or employes failed and neglected to maintain records in conformity with regulations prescribed by the Pennsylvania Liquor Control Board. 6. The licensed organization, by its servants, agents or employes deliberately falsified the records of its licensed organization. 7. The licensed organization, by its servants, agents or employes failed and neglected to keep, for a period of at least two years, complete and truthful records covering the operation of its licensed organization. 8. The licensed organization, by its servants, agents or employes failed within thirty (30) days after any change was made in its officers, to report such change in writing to the Board”.