PA. LIQUOR CONT. BD. v. MELTING POT, INC.

No. 910 C.D. 1979.

55 Pa.Commw. 418 (1980)

Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Melting Pot, Inc., Appellee.

Commonwealth Court of Pennsylvania.

December 18, 1980.


Attorney(s) appearing for the Case

J. Leonard Langan, Assistant Attorney General, with him Kenneth W. Makowski, Acting Chief Counsel, and Edward Biester, Jr., Attorney General, for appellant.

Michael J. Murphy, with him Robert T. Kane, for appellee.

Argued November 19, 1980, before Judges BLATT, CRAIG and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE CRAIG, December 18, 1980:

The Pennsylvania Liquor Control Board (LCB) has appealed from an order of the Common Pleas Court of Allegheny County which sustained the appeal which Melting Pot, Inc. (licensee) had taken from the LCB's imposition of a fine upon licensee for allegedly permitting gambling on the premises of licensee's bar.1

The only question is whether the common pleas court erred as a matter of law in...

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