211 Pa. Super. 385 | Pa. Super. Ct. | 1967
Opinion by
On April 5, 1967, after hearing on Citation No. 2327 for 1966, the Pennsylvania Liquor Control Board entered an order suspending for a period of fifty days the license issued to Las Vegas Supper Club, Inc., 2800-10 Saw Mill Run Boulevard, Whitehall, Pittsburgh. This order was based upon the following finding of fact: “The licensee, by its servants, agents or employes sold, furnished and/or gave or permitted such sale, furnishing and/or giving of liquor and/or malt or brewed beverages to minors, on October 7, 1966”. The licensee appealed to the County Court of Allegheny County which entered an order, June 12, 1967, sustaining the suspension. The licensee has appealed to this court.
The history of the licensed premises includes two prior suspensions. The suspension presently under
Appellant’s third and final contention is stated in the brief as follows: “3. Does not the sustaining of demurrer in a criminal proceeding [No, 144 January Sessions 1967] arising out of the same alleged Liquor Code violation, and based upon the same testimony, bind the Civil Court in its review of the Pennsylvania Liquor Control Board’s administrative determination?” The answer to this contention appears in Commonwealth v. McMenamin, 122 Pa. Superior Ct. 91, 184 A. 679, which stands for the proposition that the acquittal of a person under an indictment charging him with violation of the liquor laws does not operate as a bar against subsequent proceedings to revoke his license upon charges identical with those contained in the indictment. In the words of Mr. Justice Eagen in the recent case of Greenberg v. Aetna Insurance Company
The order of the court below is affirmed.