PA. LIQUOR CONTROL BD. v. SCHIAFFO.

No. 2206 C.D. 1981.

72 Pa.Commw. 305 (1983)

Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. John E. Schiaffo, t/a AAA Beer Store, Appellee.

Commonwealth Court of Pennsylvania.

February 24, 1983.


Attorney(s) appearing for the Case

J. Leonard Langan, Chief Counsel, for appellant.

Stanton A. Berkowitz, for appellee.

Submitted on briefs, December 13, 1982, to Judges BLATT, WILLIAMS, JR. and CRAIG, sitting as a panel of three.


OPINION BY JUDGE BLATT, February 24, 1983:

The Pennsylvania Liquor Control Board (LCB) appeals here an order of the Court of Common Pleas of Philadelphia County which vacated the penalty imposed by the LCB on John E. Schiaffo, t/a AAA Beer Store (licensee). He was charged with selling beer to a minor in violation of Section 493(1) of the Liquor Code (Code), Act of April 12, 1951, P.L. 90, as amended, 47 P.S. § 4-493(1).

The facts are not in dispute...

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