Reda Liquor License Case
Reda Liquor License Case
Opinion of the Court
Opinion by
This is an appeal by the Pennsylvania Liquor Control Board from an order of the Court of Quarter Sessions of Philadelphia County, revoking the suspension of a liquor license. The “Central Tavern”, 23-25 South 19th Street, Philadelphia, Pennsylvania, was cited by the Board on the charge of refilling State store liquor bottles. The Board, after hearing, found as a fact that the bottles were refilled and suspended the license for ten days. On appeal, and after hearing de novo, the court below found as a fact that the bottles were not refilled. Hence this appeal by the Board.
The licensees are Martin Grims and his mother-in-law, Lillian Eeda, trading as “Central Tavern”. The
It is true that no hard and fast rule can be set in the examination of testimony such as appears in these cases. They are largely determined on their individual facts. In Clover Bar, Inc. Liquor License Case, 203 Pa. Superior Ct. 11, 198 A. 2d 366 (1964), the court below was disturbed by the method of comparison as used by the board’s chemist and added the practical solution of finding a pattern in the opened bottles. When such a pattern disclosed similar characteristics in the contents of all bottles seized the case for refilling was
The court below had only the evidence of the chemist as to the two bottles based on a comparison with unopened bottles of the same brand and had his reservation that each batch of whiskey will vary because of the quality control and blending processes. He also had before him the denial by the licensees that the two bottles had been refilled and the reputation of the licensees and their place of business to rebut the presumption raised by possession. Commonwealth v. Koczwara, 397 Pa. 575, 155 A. 2d 825 (1959). The weight of the evidence and the credibility of the witnesses were for the court below and his finding that the bottles were not refilled is supported by competent evidence. 400 Lounge, Inc., supra.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.