P.L.C.B. v. T.J.J.R., INC.

No. 1483 C.D. 1987.

120 Pa.Commw. 313 (1988)

548 A.2d 390

Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. T.J.J.R., Inc., Appellee.

Commonwealth Court of Pennsylvania.

October 12, 1988.


Attorney(s) appearing for the Case

Paul T. Sosnowski, Assistant Counsel, with him, Kenneth B. Skelly, Chief Counsel, for appellant.

No appearance for appellee.

Submitted on briefs August 16, 1988, to Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY JUDGE CRAIG, October 12, 1988:

This appeal by the Pennsylvania Liquor Control Board (LCB) from an order of the Court of Common Pleas of Allegheny County presents an issue of first impression:

Where the LCB has proved that a licensee permitted minors to frequent the licensed premises, must the LCB also prove the absence of proper supervision of the minors in order to establish a violation by the licensee, or does the licensee have the burden of showing...

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