Opinion
December 31, 1981.
Liquor licensing — Scope of appellate review — Minors — Liquor Code, Act of April 12, 1951, P.L. 90.
1. In a liquor licensing case, the scope of review of the Commonwealth Court of Pennsylvania is limited to a determination of whether the order of the Pennsylvania Liquor Control Board is supported by sufficient evidence and whether the lower court abused its discretion or committed an error of law. [566]
2. Where minors were never asked to present identification, their physical characteristics do not provide a defense to a violation of the Liquor Code, Act of April 12, 1951, P.L. 90. [567]
Submitted on briefs November 18, 1981, before President Judge CRUMLISH, JR. and Judges MacPHAIL and PALLADINO, sitting as a panel of three.
Appeal, No. 1530 C.D. 1980, from the Order of the Court of Common Pleas of Philadelphia County in the case of In the Matter of Revocation of Restaurant Liquor License No. R-2282 and Amusement Permit No. AP-2282 issued to: Tris-Dad, Inc., Miscellaneous No. 2392, March Term, 1980.
Liquor licensee fined by Pennsylvania Liquor Control Board. Licensee appealed to the Court of Common Pleas of Philadelphia County. Fine reduced. DURHAM, J. Board appealed to the Commonwealth Court of Pennsylvania. Held: Reversed. Board's fine reinstated.
J. Leonard Langan, Counsel, with him James J. Fitzgerald, III, Chief Counsel, for appellant.
No appearance for appellee.
The Pennsylvania Liquor Control Board (PLCB) appeals a Philadelphia Common Pleas Court order which reduced a fine imposed on Tris-Dad, Inc. We reverse.
The PLCB imposed a $250 fine on Jimmy's Speakeasy for serving alcoholic beverages to two minors. After a lower court hearing de novo, the fine was reduced to $150.
Our scope of review is limited to a determination of whether or not the Board's order is supported by sufficient evidence and whether the lower court abused its discretion or committed an error of law, Skowronek Liquor License Case, 32 Pa. Commw. 423, 379 A.2d 906 (1977).
The PLCB contends that the lower court erred when it held that the fact that one of the minors looked twenty-one years of age constituted a defense to the sale of liquor to minors.
We note that, although this case was submitted on briefs at November argument, we have yet to receive appellee's brief and thus do not have the benefit of any argument that counsel might have presented.
Section 493(1) of the Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 47 P. S. § 4-493 provides in part:
It shall be unlawful —
(1) For any licensee . . . or any employe, servant or agent of such licensee . . . to sell, furnish or give any liquor or malt or brewed beverages . . . to any minor. . . .
This Court has held that the only defense to a violation of this section is compliance with Section 4-495 of the Code, Skowronek Liquor License Case.
This section requires that a person whose age is questionable present a Liquor Control Board identification card and fill in and sign a card as prescribed by Section 4-495(c).
The physical characteristics of the minors is not a defense, since the record reveals that neither of the minors was ever asked to present identification. Further, the reduction of the fine was improper.
Reversed.
ORDER
The order of the Pennsylvania Liquor Control Board, No. 2326, dated March 6, 1980, imposing a fine of $250.00 is reinstated and the decision of the Philadelphia County Court of Common Pleas, March Term, 1980, Misc. No. 2392, is reversed.