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SAL'S RESTAURANT, INC. v. DEPT. OF HEALTH

No. 1379 C.D. 2012.

67 A.3d 57 (2013)

SAL'S RESTAURANT, INC., Petitioner v. DEPARTMENT OF HEALTH, BUREAU OF HEALTH PROMOTION AND RISK REDUCTION, Respondent.

Commonwealth Court of Pennsylvania.

Decided April 4, 2013.

Attorney(s) appearing for the Case

John D. Lalley , Peckville, for petitioner.

Keith B. Fickel , Senior Counsel, Harrisburg, for respondent.

BEFORE: McGINLEY, Judge, and McCULLOUGH, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Judge McCULLOUGH.

Sal's Restaurant, Inc. (Petitioner) petitions for review of the May 23, 2012 order of the Department of Health (Department) upholding the decision of the Department's Bureau of Health Promotion and Risk Reduction (Bureau) to deny Petitioner's application for exception to the Clean Indoor Air Act (CIAA)1 for a Type II Drinking Establishment as defined by section 2 of the CIAA, 35 P.S. § 637.2. We affirm...

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