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STREET RD. BAR & GRILLE, INC. v. PLCB

No. 253 MAP 2003.

876 A.2d 346 (2005)

STREET ROAD BAR & GRILLE, INC., Appellee, v. PENNSYLVANIA LIQUOR CONTROL BOARD, Appellant.

Supreme Court of Pennsylvania.

Decided June 20, 2005.

Attorney(s) appearing for the Case

Faith Smith Diehl, Esq., David Brian Schlechter, Esq., Harrisburg, for Pennsylvania Liquor Control Board.

Barry Goldstein, Esq., Douglas Maloney, Esq., Langhorne, for Street Road Bar & Grille, Inc.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice CASTILLE.

This appeal presents two questions: (1) which party—the liquor license applicant or the Pennsylvania Liquor Control Board ("the Board")—bears the burden of proof concerning an applicants "good repute" for purposes of issuing or transferring a license; and (2) whether, in deciding the question of good repute, the Board may consider an applicants (a) past history of citations under the Liquor Code

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