BRESCH ET AL. v. PA. LIQUOR CONTROL BD.

No. 473 C.D. 1978.

42 Pa.Commw. 637 (1979)

Edward A. Bresch, Jr. and Patricia R. Bresch, Appellants v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee.

Commonwealth Court of Pennsylvania.

May 18, 1979.


Attorney(s) appearing for the Case

James F. Heinly, for appellants.

J. Leonard Langan, Assistant Attorney General, with him Kenneth W. Makowski, Acting Chief Counsel, and Gerald Gornish, Attorney General, for appellee.

Submitted on briefs, March 5, 1979, to Judges WILKINSON, JR., MENCER and BLATT, sitting as a panel of three.


OPINION BY JUDGE MENCER, May 18, 1979:

The petitioners in this case, whose liquor license was revoked for selling alcoholic beverages between 2 a.m. and 7 a.m., contend that Section 471 of the Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 47 P.S. § 4-471, is unconstitutionally vague and indefinite. That provision reads as follows, with the phrases at issue numbered for purposes of discussion:

Upon learning of [1] any violation of this...

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