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P.L.C.B. v. BEER & POP WHSE., INC.

No. 171 C.D. 1988.

118 Pa.Commw. 559 (1988)

545 A.2d 440

Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Beer & Pop Warehouse, Inc., Appellee.

Commonwealth Court of Pennsylvania.

August 16, 1988.

Attorney(s) appearing for the Case

Felix Thau, Deputy Chief Counsel, with him, Kenneth B. Skelly, Chief Counsel, for appellant.

David R. Brown, Litman, Litman, Harris, Brown and Watzman, P.C., for appellee.

Submitted on briefs May 18, 1988, to President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., August 16, 1988:

The Pennsylvania Liquor Control Board (Board) fined Beer & Pop Warehouse, Inc. (licensee) $500 for selling alcohol to a minor. The Allegheny County Common Pleas Court sustained the licensee's appeal. The Board appeals; we reverse.

The issue before this Court is whether the Board complied with a certain statutory time limitation found in Section 471 of the Liquor Code,1

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