210 Pa. Super. 464 | Pa. Super. Ct. | 1967
Opinion by
This is an appeal by the Pennsylvania Liquor Control Board from the order of the Court of Quarter Ses
The board, after hearing, found the following facts: “1. The licensed organization, by its servants, agents or employes sold liquor and/or malt or brewed beverages on the licensed premises to non-members without prior arrangements for such services on March 18, 19 and 25, 1966. 2. The licensed organization, by its servants, agents or employes maintained gambling devices and/or paraphernalia and permitted gambling on the licensed premises on March 30, 1966.” The imposition of a fine of $600 followed and the licensee appealed to the Court of Quarter Sessions of Elk County. The court below modified the fine of $600 to $150 and from this order the Commonwealth appealed.
The court below adopted, as its own, the findings of fact as above set forth but modified the order to a fine of $150 on the ground that the three violations for sales to nonmembers could not be sustained, as a matter of law, on the ground that the board failed to give the club the required notice within ten days of the completion of the investigation of the alleged violations on March 18, 19 and 25, 1966 respectively. The court denied the contention of the appellee that the gambling finding was based on an illegal search and seizure and refused to suppress the evidence. This is not before us because the appellee did not appeal from the decision of the court below sustaining the board’s action on the gambling violation.
The question before us is one of law that involves the interpretation of an amendment to the Liquor Code, April 12, 1951, P. L. 90, Art. IV, section 471, as amended, 1961, September 15, P. L. 1325, section 1; 1966, January 13, P. L. (1965), 1301, section 2 (47 PS 4-471). The pertinent part reads as follows: “no
"This act shall be deemed an exercise of the police power of the Commonwealth for the protection of the public welfare, health, peace and morals of the people of the Commonwealth and to prohibit forever the open saloon, and all of the provisions of this act shall be liberally construed for the accomplishment of this purpose.. .". Liquor Code, supra, 47 PS 1-104. This Court said in Summit Hill R. & G. Club Liquor Lic. Case, 184 Pa. Superior Ct. 584, 586, 135 A. 2d 781 (1957). "The proceedings before the board are civil and administrative and not criminal in nature."
The court below interpreted the act to mean that the board must give a notice to the licensee within ten days of each violation where the violation is of the type of “sales to non-members”, which the court designated as “one night stand” violations, in that, in the opinion of the court below, no further investigation was necessary since the violation had been completed by the sale of the drink. This was patent error. With this interpretation the words contained in the statute “within ten days of the completion of the investigation which in no event shall exceed ninety days”, is entirely ignored. (Emphasis added)
The order of the court below modifying the fine to $150 is reversed and the fine of $600 imposed by the Liquor Control Board is reinstated.