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HOUSE OF LEUNG, INC. v. DEPT. OF HEALTH

No. 2485 C.D. 2010

38 A.3d 986 (2012)

HOUSE OF LEUNG, INC. d/b/a House of Lee, Petitioner v. DEPARTMENT OF HEALTH, Respondent.

Commonwealth Court of Pennsylvania.

Decided December 21, 2011.

Publication Ordered March 5, 2012.

Attorney(s) appearing for the Case

Charles L. Caputo , Pittsburgh, for petitioner.

Keith B. Fickel , Harrisburg, for respondent.

BEFORE: McGINLEY, Judge, and COHN JUBELIRER, Judge, and KELLEY, Senior Judge.

OPINION BY Senior Judge KELLEY.

House of Leung, Inc., d/b/a House of Lee (Leung), petitions for review of an order of the Department of Health (Department) upholding an order of the Bureau of Health Promotion and Risk Reduction (Bureau). The Bureau's order denied Leung's Application for Exception for Cigar Bar, Drinking Establishment, or Tobacco Shop on the grounds that Leung's establishment did not qualify for an exception to permit smoking pursuant to the Clean...

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