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BANKS LIQUOR LICENSE CASE

No. 1054 C.D. 1980.

59 Pa.Commw. 443 (1981)

In the Matter of Revocation of Restaurant Liquor License No. R-12122 and Amusement Permit No. AP - 12122, Issued to — Arthur A. Banks, Otto's Atmosphere II. Arthur A. Banks, Appellant.

Commonwealth Court of Pennsylvania.

June 3, 1981.

Attorney(s) appearing for the Case

Norman M. Yoffe, P.C., for appellant.

Patrick M. McHugh, Assistant Attorney General, with him James J. Fitzgerald, III, Chief Counsel, for appellee.

Argued April 8, 1981, before President Judge CRUMLISH and Judges BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, June 3, 1981:

Otto's Atmosphere II appeals an order of the Dauphin County Common Pleas Court which affirmed an order of the Pennsylvania Liquor Control Board assessing a $400 fine against Otto's for (1) operating its premises in a disorderly manner, and (2) serving a visibly intoxicated person. Affirmed in part and reversed in part.

On April 26, 1979, an agent for the Liquor Control Board visited Otto's, a licensed premises...

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