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COMMONWEALTH v. LODGE NO. 148, L.O.O.M. et al.

188 Pa.Super. 531 (1959)

Commonwealth, Appellant, v. Lodge No. 148 Loyal Order of Moose et al.

Superior Court of Pennsylvania.

March 18, 1959.

Attorney(s) appearing for the Case

Harry J. Rubin, Deputy Attorney General, with him Joseph L. Cohen, Deputy Attorney General, and Thomas D. McBride, Attorney General, for appellant.

John T. Miller, with him J. Richard Budding, and Budding & Yost, for appellees.

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ. (HIRT, J., absent).

OPINION BY WRIGHT, J., March 18, 1959:

This proceeding was originated by a complaint filed before an alderman by an officer of the Health Department of the City of York charging a violation of the Act of May 23, 1945, P.L. 926, as amended by the Act of September 26, 1951, P.L. 1462, 35 P.S. 655.1, et seq., which provides in pertinent part that "it shall be unlawful for any proprietor to conduct or operate a public eating or drinking place without first obtaining a...

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