FULTON POST, INC. LIQ. LICENSE CASE

No. 1680 C.D. 1980.

63 Pa.Commw. 313 (1981)

In Re: The Matter of the Catering Club Liquor License No. CC-4837, Issued to Fulton Post, Inc. etc. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant.

Commonwealth Court of Pennsylvania.

December 21, 1981.


Attorney(s) appearing for the Case

Patrick M. McHugh, Assistant Attorney General, with him James J. Fitzgerald, III, Chief Counsel, and Harvey Bartle, III, Acting Attorney General, for appellant.

James R. Silvis, O'Connell & Silvis, for appellee.

Argued May 6, 1981, before President Judge CRUMLISH, JR. and Judges BLATT and WILLIAMS, JR., sitting as a panel of three.


OPINION BY PRESIDENT JUDGE CRUMLISH, December 21, 1981:

The Fulton County Court of Common Pleas reversed a Pennsylvania Liquor Control Board order imposing a $350.00 fine on Fulton Post, Inc. We reverse.

PLCB agents entered the Post, a licensed premises, with permission of the steward, to conduct an inspection for gambling devices.

"Our scope of review is limited to a determination of whether...

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