64 Pa. Commw. 422 | Pa. Commw. Ct. | 1982
Opinion by
New Sorrento, Inc. (licensee) appeals from an order of the Court of Common Pleas of Allegheny County affirming a decision of the Pennsylvania Liquor Control Board (PLCB) revoking
The PLCB made the following findings:
1. 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 March 31-April 1,1978.
2. The licensee permitted entertainers to contact and/or associate with patrons on the licensed premises on March 10,19, 31, April 1, 6, 1978.
3. The licensed establishment operated by the licensee was not a bona fide restaurant habitually and principally used for the purpose of providing food for the public, in that there was an insufficient quantity of food, dishes, silverware and cooking utensils on the licensed premises on March 19, 31, April 1, 4,17,1978.
The PLCB, in deciding to revoke the license considered the licensee’s record of prior citations
Our scope of review in a liquor license revocation proceeding where, as here, the matter was heard de novo below, is limited to a determination of whether or not the order appealed from was supported by sufficient evidence and whether or not the court below committed an error of law or abused its discretion. Pennsylvania State Liquor Control Board v. Crossover, Inc., 48 Pa. Commonwealth Ct. 260, 410 A.2d 88 (1980); Pennsylvania Liquor Control Board v. Wisnoff Co., 13 Pa. Commonwealth Ct. 371, 318 A.2d 774 (1974). The licensee argues
The licensee’s first argument is irrelevant because finding number one as set forth by the PLCB and as adopted by the court below does not find that alcoholic beverages were served to minors on a regular basis which would be prohibited by Section 493(14) of the Code.
As to the second finding for which the licensee claims that there is a lack of sufficient evidence, the record reveals that PLCB agents testified that on numerous occasions
.Concerning the third finding, PLCB agents testified that, during visits and inspections made by them on March 19, 31, April 1, 4, and 17 of 1978, they requested food from the waitresses and the manager of the bar but were informed by such employees of the licensee that no food
Lastly, we are unpersuaded by the licensee’s assertions that it offered testimony which conflicted with and should control over the testimony given by the PLCB’s witnesses because of the allegedly well-established rule that questions of evidentiary weight and credibility in a liquor license revocation case where a de novo hearing is held are for the court below and are not for this Court to determine. Bobotas v. Pennsylvania Liquor Control Board, 46 Pa. Commonwealth Ct. 537, 408 A.2d 164 (1979). We believe that the court below did not abuse its discretion or commit any error of law. The evidence adduced before it was sufficiently competent from which it could reasonably conclude that the licensee sold alcoholic beverages to minors, that the licensee permitted entertainers to contact and/or associate with patrons, and that the licensed premises was not a bona fide restaurant.
We will therefore affirm the PLCB’s revocation order.
And Now, this 3rd day of February, 1982, the order of the Court of Common Pleas of Allegheny County in the above-captioned matter is affirmed.
Section 471 of the Liquor Code (Code), Act of April 12, 1951, P.L. 90, as amended, 47 P.S. §4-471.
On March 4, 1976, the PLCB imposed a $500.00 fine upon the licensee for (1) permitting lewd, immoral and/or improper conduct on the licensed premises, on October 14, 15, 28, 1975, and (2) for permitting entertainers to contact or associate with patrons on the licensed premises, on October 14, 15, 28, 1975. Similarly, on September 29, 1976, the PLCB imposed a $500.00 fine upon the licensee because it was (1) not operating as a bona fide public accommodation on April 8 and 22, 1976, and (2) again permitted entertainers to contact and/or associate with patrons on the licensed premisos on April 22 and 80, .1976.
we reject the licensee’s argument that provisions of the Code prohibiting a licensee from permitting lewd, immoral or improper entertainment are unconstitutionally vague because such argument is irrelevant to the instant matter, and even if it were relevant, we have held otherwise in Commonwealth v. DiMarco, 26 Pa. Commonwealth Ct. 504, 364 A.2d 755 (1976).
47 p.g. §4-493(14). Such section prohibits a licensee from permitting minors to frequent a licensed premises.
One minor testified that she ordered and received a can of beer and a shot of whiskey and the other stated that she ordered and received two “screwdrivers.” . . -
The dates concerned are March 10, 19, 31, and April 1, 6 of 1978.
All of the PLOB agents testified that during all of their visits and inspections no food was . observed being served to patrons. One agent testified that he heard another agent, ask the bartender what