LIQUOR CONTROL BD. v. LUXURY ENT.


130 Pa.Commw. 89 (1989)

566 A.2d 1288

COMMONWEALTH of Pennsylvania, PENNSYLVANIA LIQUOR CONTROL BOARD, Appellant, v. LUXURY ENTERPRISES, INC., Appellee.

Commonwealth Court of Pennsylvania.

Decided December 8, 1989.


Attorney(s) appearing for the Case

Leonard P. Omolecki, Asst. Counsel, Eileen S. Maunus, Harrisburg, for appellant.

Terry R. Fisher, Shillington, for appellee.

Before CRAIG and BARRY, JJ., and BLATT, Senior Judge.


BLATT, Senior Judge.

The Pennsylvania Liquor Control Board (Board) appeals an order of the Court of Common Pleas of Berks County (trial court) which sustained the appeal of Luxury Enterprises, Inc. (licensee) thereby reversing the Board's three-day suspension of the licensee's liquor license.

On June 28, 1984, Trooper Mindler entered the Penn View Motel as part of an investigation. He observed a Chicken Draw Video Poker Machine plugged in along the south wall...

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