Opinion
September 12, 1960.
November 16, 1960.
Liquor Law — Licenses — Suspension — Entertainers mingling with patrons — Evidence — Association with husband or fiancé of entertainer.
On appeal by the holder of a restaurant liquor license from an order of the court below dismissing an appeal from an order of the board suspending the license for a specified period, in which it appeared that the licensee, after it was cited by the board, admitted charges that, by its servants, agents, or employes, it permitted entertainers to associate with patrons on the licensed premises, but appealed after the penalty was imposed by the board; that the court below found no facts different from those admitted by the licensee before the board; that at the hearing before the court there was evidence on behalf of the licensee that the licensee had instructed his entertainers not to mingle or mix with patrons, and that when they had done so it was in each case only with a husband or fiancé; and that the court below held that the board had not abused its administrative discretion and dismissed the appeal; it was Held that the order of the court below should be affirmed.
Before GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ. (RHODES, P.J., absent).
Appeal, No. 111, Oct. T., 1960, from order of Court of Quarter Sessions of Philiadelphia County, July T., 1959, No. 1205, in matter of revocation of restaurant liquor license No. R-13742 and amusement permit No. AP-2676 issued to Gay Nineties, Inc. Order affirmed; reargument refused December 1, 1960.
Same case in court below: 22 Pa. D. C. 2d 224.
Appeal by licensee from decision of Pennsylvania Liquor Control Board suspending restaurant liquor license.
Order entered affirming decision of board and dismissing appeal, opinion by MILNER, P.J. Licensee appealed.
David Freeman, with him Josef Jaffe, for appellant.
Russell C. Wismer, Special Assistant Attorney General, with him George G. Lindsay and Horace A. Segelbaum, Assistant Attorneys General, and Anne X. Alpern, Attorney General, for Pennsylvania Liquor Control Board, appellee.
Argued September 12, 1960.
The order of the Court of Quarter Sessions of Philadelphia County is affirmed on the opinion of Judge MILNER for the court below reported at 22 Pa. D. C. 2d 224.