In re Citation No. 888 of 1974 Suspension of Restaurant Liquor License Issued to Crangi
In re Citation No. 888 of 1974 Suspension of Restaurant Liquor License Issued to Crangi
Opinion of the Court
Opinion by
On January 30, 1975, after a hearing on a citation, the Pennsylvania Liquor Control Board (Board) entered an order suspending, for ten days, the restaurant liquor license of Samuel B. and Patricial L. Crangi, who operated an establishment known as Phil’s Inn, in Koppel, Pennsylvania. The Board, in its adjudica
As we stated in Pennsylvania Liquor Control Board v. Washington Sporting Club, 13 Pa. Commonwealth Ct. 257, 259, 320 A.2d 851, 852 (1974):
“The court of common pleas may change the penalty imposed by the Board ‘ only when it has made significant and material changes in the findings of the Board.’ Noonday Club of Delaware County, Inc. Liquor License Case, 433 Pa. 458, 464, 252 A.2d 568, 572 (1968).
“It is now firmly established that the lower court must make findings of fact on the material issues different from those made by the Board before the action taken by the Board can be reversed or changed. Unless the lower court’s change or modification is so grounded, it cannot stand. Carver House, Inc. Liquor License Case, 454 Pa. 38, 310 A.2d 81 (1973).” Accord, Pennsylvania Liquor Control Board v. Latrobe Armed Services Association, 16 Pa. Commonwealth Ct. 199, 329 A.2d 549 (1974).
In support of its modification order, the court below noted what it considered to be an “erroneous or arbitrary consideration [by the Board] of alleged prior violations in fixing the penalty.”
The order of the Court of Common Pleas of Beaver County is reversed, and the order of the Pennsylvania Liquor Control Board suspending, for ten days, the restaurant liquor license of Samuel B. and Patricia L. Crangi is reinstated, effective within a reasonable time to be determined by the Board following the filing of this opinion.
The Board, in its adjudication, considered two former violations attributable to the license. One of these involved Samuel
See Commonwealth v. M. S. G. Inc., 7 Pa. Commonwealth Ct. 540, 297 A.2d 556 (1972), wherein we affirmed a trial court’s penalty modification based on new findings.
Reference
- Full Case Name
- In Re: Citation No. 888 of 1974 Suspension of Restaurant Liquor License Issued to Samuel B. and Patricia L. Crangi, Phil's Inn, 427 First Avenue, Koppel, Pennsylvania v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board. Pennsylvania Liquor Control Board
- Cited By
- 3 cases
- Status
- Published