Opinion
November 14, 1967.
December 14, 1967.
Liquor Law — Licenses — Fine for violation of law — Selling beer to minors — Beer brought to minors at table by adult in group.
On appeal by the Liquor Control Board from an order of the court below sustaining the licensee's appeal and vacating the penalty, in which it appeared that the board found that the licensee by its employees sold or permitted the sale of liquor or malt beverages to minors; that the testimony in the record disclosed that three minors entered the licensed premises in the company of the adult husband of one of the minors; that, after the party had been seated at a table the adult husband went to the bar and ordered six draft beers; and that the adult husband then returned to the table and placed the beer before the minors; it was Held that the testimony established a violation of the law by licensee's bartender; the order of the court below was reversed and the order of the board reinstated.
Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.
Appeal, No. 235, April T., 1967, from order of Court of Quarter Sessions of Cambria County, March T., 1967, No. Misc 11, in re matter of revocation of restaurant liquor license No. R-2699 issued to Salvia's Bar, Inc. Order reversed.
Appeal by licensee from decision of Pennsylvania Liquor Control Board imposing fine on restaurant liquor licensee.
Order entered sustaining appeal and vacating penalty, opinion by McDONALD, J. Commonwealth appealed.
Lawrence L. Davis, Special Assistant Attorney General, with him Thomas J. Shannon, Assistant Attorney General, and William C. Sennett, Attorney General, for Pennsylvania Liquor Control Board, appellant.
Reginald L. Pawlowski, for appellee.
Submitted November 14, 1967.
On January 26, 1967, after hearing on Citation No. 1790 of 1966, the Pennsylvania Liquor Control Board entered an order imposing a fine in the amount of $250.00 on Salvia's Bar, 1310 Chestnut Avenue in Barnesboro. This order was based upon the following finding of fact: "The licensee, by its servants, agents or employees sold, furnished and/or gave or permitted such sale, furnishing and/or giving of liquor and/or malt or brewed beverages to minors, on July 15, 1966." The licensee appealed to the Court of Quarter Sessions of Cambria County which entered an order, May 5, 1967, sustaining the appeal and vacating the penalty. The Board has appealed to this court.
The testimony in the record discloses that, on July 15, 1966, three minors entered the licensed premises in the company of the adult husband, aged 22 years, of one of the minors. After the party had been seated at a table, the adult husband went to the bar and ordered six draft beers. The adult husband then returned to the table and placed beer before the minors. By necessary implication this testimony establishes a violation of the law by the licensee's bartender. It was his duty to refuse to permit the adult to furnish beer to the minors: J-J Bar Liquor License Case, 210 Pa. Super. 349, 233 A.2d 625. The order of the Board should not have been disturbed.
When the able Judge below decided the instant case, May 5, 1967, he did not have the benefit of our opinion in the J-J Bar case, filed September 14, 1967.
The order of the court below is reversed, and the order of the Board is reinstated.