Appeal in Regard to the Revocation of Restaurant Liquor License No. R-19978

24 Pa. D. & C.3d 601, 1983 Pa. Dist. & Cnty. Dec. LEXIS 387
CourtPennsylvania Court of Common Pleas, Berks County
DecidedJanuary 5, 1983
Docketno. 288 Misc. Docket, 1982 and 298 Misc. Docket, 1982
StatusPublished

This text of 24 Pa. D. & C.3d 601 (Appeal in Regard to the Revocation of Restaurant Liquor License No. R-19978) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Appeal in Regard to the Revocation of Restaurant Liquor License No. R-19978, 24 Pa. D. & C.3d 601, 1983 Pa. Dist. & Cnty. Dec. LEXIS 387 (Pa. Super. Ct. 1983).

Opinion

SAYLOR, J.,

These are appeals from the opinion and order issued by the Pennsylva[602]*602nia Liquor Control Board (board) in each case in which appellant, a restaurant liquor license holder, was fined for allowing female patrons to buy drink tickets at a reduced price on “Ladies’ Night.”

As required, we held a de novo hearing. See, 47 P.S. §4-464; also, Com. Liquor Control Board v. M.S.G., Inc., 7 Pa. Commw. 540, 297 A. 2d 556 (1972). By stipulation the testimony before the board’s examiner in each case constitutes the record from which we make the following findings:1

As to CitationNo. 641-1982, No. 289Misc. Docket 1982:

1. On February 24, 1982, Mary Lou Corbett, an enforcement agent for the board, entered the licensee’s premises at approximately 9:30 pm.
2. Upon entry, an employee of the licensee asked if she was there for Ladies Night, and after she responded in the affirmative, he explained the rules of Ladies’ Night. He said that all female patrons entering after 9 pm could purchase three tickets for nine cents, which were redeemable for three drinks. Male patrons could not buy the tickets, and only the purchaser could use the tickets.
3.The enforcement agent on this occasion used the tickets for the payment of two vodka sours. The other ticket she retained as evidence.
4. The enforcement agent on this occasion observed 40 to 45 patrons on the premises. She departed at 10:30 pm with 80 to 85 patrons on the premises. During this visit she did not observe any male patron attempting to purchase a ticket.
5. On March 3, 1982, Ann S. Corbin, an enforcement agent for the board, visited the licensed [603]*603premises at approximately 9:15 pm. It was Ladies’ Night and she purchased three tickets for nine cents.
6. On this occasion Agent Corbin observed male patrons paying cash for drinks while the female patrons used their tickets. She observed one male patron paying $1.75 for his drink, a screwdriver.
7. Agent Corbin saw no male buy or attempt to buy tickets. She purchased two glasses of wine with two of the tickets. She retained the third as evidence. She left at approximately 9:50 pm. There were 30 to 45 patrons on the premises when she arrived, and 40 to 60 when she left.
8. Ladies’ Nights are common among licensed establishments in the Reading area. Ladies’ Nights involve either a reduction in price to female patrons, or two drinks for the price of one.
9. The licensee was issued alicense on September 10, 1976, and there were no prior citations against this establishment.
10. The licensee never received any warning or notification prior to February 24, 1982, that selling drinks to female patrons for less than to males was unlawful.
As to Citation No. 915-1982, No. 288 Misc. Docket 1982:
11. On March 10, 1982, Shirley Humes, an enforcement agent for the board, visited the licensed premises at approximately 10:45 pm. It was Ladies’ Night and she purchased three tickets for nine cents. There were approximately 200 patrons on the premises.
12. Agent Humes purchased two rum and coke drinks with the tickets. Later she bought one for cash. It cost her approximately $1.75. She left at approximately 12:15 am on March 11,1982, leaving approximately 50 patrons remaining.
13. On March 24,1982, Agent Humes visited the [604]*604premises from 10 pm to 11:30 pm. It was Ladies’ Night again. She purchased three tickets for nine cents, bought two glasses of Lambrusco red wine with the tickets and before leaving purchased for evidentiary purposes an identical drink, paying $1.50.
14. On this occasion there were 150 patrons upon arrival and approximately 75 patrons when she left.
15. On March 10, 1982, Agent Humes observed a male patron attempting to pay for a drink with a ticket, but he was refused. The barmaid said, “I am sorry, but I cannot take the ticket from a male.”
16. On one of these occasions Agent Humes was instructed when she bought tickets that only she could use them and they were usable only that night.

DISCUSSION

At the outset it is important to note that in these appeals we are not asked to nor do we decide whether the licensee’s “Ladies’ Night” violates the Pennsylvania Constitution2 or the Pennsylvania Human Relations Act3 on the basis of sexual discrimination. Both sides agree that the only question presented is whether the licensee’s conduct violated Section 4-493(24) of the Liquor Code, 47 P.S. §4-493(24). [605]*605That section provides:

It shall be unlawful —
THINGS OF VALUE OFFERED AS INDUCEMENT
(24) For any licensee under the provisions of this article, or the board or any manufacturer, or any employee or agent of a manufacturer, licensee or of the board, to offer to give anything of value or to solicit or receive anything of value as a premium for the return of caps, stoppers, corks, stamps or labels taken from any bottle, case, barrel or package containing liquor or malt or brewed beverage, or to offer or give or solicit or receive anything of value as a premium or present to induce the purchase of liquor or malt or brewed beverage, or for any other purpose whatsoever in connection with the sale of such liquor or malt or brewed beverage, or for any licensee, manufacturer or other person to offer or give to trade or consumer buyers any price, premium, gift or other similar inducement, except advertising novelties of a nominal value which the board shall define: provided, however, that this section shall not apply to the return of any monies specifically deposited for the return of the original containers to the owners thereof.

In each case the board’s “findings of fact” are identical, with the exception of dates. These findings read:

The licensee, by its servants, agents or employees, offered and/or gave inducement to certain persons by allowing them privileges not permitted to the general public ....

On these findings the board concluded that the above section of the Liquor Code has been violated.

In Noonday Club of Delaware County, Inc. Liquor License Case, 433 Pa. 458, 252 A. 2d 568 (1969), [606]*606our Supreme Court clearly set forth the guideline by which we are bound. In that case the court said:

Pursuant to this section [47 P.S. §4-471] the lower court on appeal is required to hold hearings de novo, make its own findings of fact and conclusions of law, and then in the exercise of its own discretion either sustain, reverse or modify the action taken by the board. The court is in no way limited either by statute or by case authority to a review of the board’s discretion, but rather makes a completely independent determination of all facets of the case in rendering its own decision.

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Related

Noonday Club of Delaware County, Inc. Liquor License Case
252 A.2d 568 (Supreme Court of Pennsylvania, 1968)
Commonwealth v. M.S.G., Inc.
297 A.2d 556 (Commonwealth Court of Pennsylvania, 1972)
In re Appeal of 'Elan of Philadelphia, Ltd.
439 A.2d 905 (Commonwealth Court of Pennsylvania, 1982)

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24 Pa. D. & C.3d 601, 1983 Pa. Dist. & Cnty. Dec. LEXIS 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appeal-in-regard-to-the-revocation-of-restaurant-liquor-license-no-r-19978-pactcomplberks-1983.