In re Revocation of Restaurant Liquor License No. R-149
In re Revocation of Restaurant Liquor License No. R-149
Opinion of the Court
Opinion by
Firenze Tavern Corporation has appealed from an order of the Court of Common Pleas of Philadelphia County upholding, after a de novo hearing, an order of the Pennsylvania Liquor Control Board suspending the appellant’s restaurant liquor license for ten days. The offense charged was that of permitting persons on the licensed premises to solicit or entice others for the purpose of the purchase of beverages.
The appellant’s second point seems to be that the proofs were insufficient to support the lower court’s inference of fact that the appellant’s bartender knew that females were soliciting drinks in the appellant’s bar. We disagree. No purpose would be served by repeating the investigating officer’s testimony accurately described in Judge Abraham Gafni’s able opinion for the court below, to which reference may be had. The evidence clearly supports the inference that the appellant’s bartender knew that women were soliciting drinks.
The appellant finally says the hearing judge erred in admitting the investigating officer’s account of what the person who allegedly asked him to buy her drinks said to him at the bar in the presence of the bartender. The appellant says that this was inadmissible hearsay. If the Judge ruled incorrectly in this regard the error was harmless because the conversation objected to, as it developed, was without relevance to the offense charged. The officer’s testimony that the woman asked him to buy her drinks went into the record at another place without objection.
Order affirmed.
And Now, this 4th day of May, 1979, the order below filed April 13, 1978 is affirmed.
Act of April 12, 1951, P.L. 90, as amended, 47 P.S. §4-493(25).
40 Pa. Code §13.101.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.