Harman v. Commonwealth, Pennsylvania Liquor Control Board

Commonwealth Court of Pennsylvania

Harman v. Commonwealth, Pennsylvania Liquor Control Board

543 A.2d 616, 117 Pa. Commw. 326, 1988 Pa. Commw. LEXIS 518

CourtCommonwealth Court of Pennsylvania

DecidedJune 27, 1988

DocketAppeal No. 1585 C.D. 1986

StatusPublished

Cited by1 cases

This text of 543 A.2d 616 (Harman v. Commonwealth, Pennsylvania Liquor Control Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harman v. Commonwealth, Pennsylvania Liquor Control Board, 543 A.2d 616, 117 Pa. Commw. 326, 1988 Pa. Commw. LEXIS 518 (Pa. Ct. App. 1988).

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Opinion

Opinion by

Judge Smith,

Jack R. Harman and Catherine R. Harman (Appellants) appeal from a. decision of the Court of Common Pleas of Dauphin County which affirmed a suspension of 25 days imposed against Appellants’ establishment, The Railroad House, located in Middletown, Pennsylvania, by the Pennsylvania Liquor Control Board (Board). Appellants were cited for providing lewd, immoral and improper entertainment in violation of Section 493 (10) of the Liquor Code, 47 P.S. §4-493(10).¹

[328]*328Our scope of review in cases such' as this one is to determine whether there is substantial evidence to support the trial courts findings or whether the trial court committed an error of law or abused its discretion. In Re: 23rd St:,'Inc.,' 102 Pa. Commonwealth Ct. 224, 517 A.2d 581 (1986).

The question presented in this appeal is one of first impression in this Court. The issue before the Court is whether simulated sex via the medium of television constitutes entertainment of a lewd, immoral and improper nature which violates Section 493 of the Liquor Code. The well-written opinion of Judge John C. Dowling of the Court of Common' Pleas of Dauphin County properly addresses the issue raised in this appeal.²

Accordingly, we affirm the trial coUrt on the basis of the opinion issued by Judge John C. Dowling, Court of Common Pleas of Dauphin County, in the matter of Harman v. Pennsylvania Liquor Control Board, Pa. D. & C. 3d , 107 Dauph. 8 (1986).

Order

And Now, this 27th day of June, 1988, the decision of the Court of Common Pleas of Dáuphin Coünty, dated April 30, 1986, is hereby affirmed.

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Opinion by

Judge Smith,

Jack R. Harman and Catherine R. Harman (Appellants) appeal from a. decision of the Court of Common Pleas of Dauphin County which affirmed a suspension of 25 days imposed against Appellants’ establishment, The Railroad House, located in Middletown, Pennsylvania, by the Pennsylvania Liquor Control Board (Board). Appellants were cited for providing lewd, immoral and improper entertainment in violation of Section 493 (10) of the Liquor Code, 47 P.S. §4-493(10).¹

[328]*328Our scope of review in cases such' as this one is to determine whether there is substantial evidence to support the trial courts findings or whether the trial court committed an error of law or abused its discretion. In Re: 23rd St:,'Inc.,' 102 Pa. Commonwealth Ct. 224, 517 A.2d 581 (1986).

The question presented in this appeal is one of first impression in this Court. The issue before the Court is whether simulated sex via the medium of television constitutes entertainment of a lewd, immoral and improper nature which violates Section 493 of the Liquor Code. The well-written opinion of Judge John C. Dowling of the Court of Common' Pleas of Dauphin County properly addresses the issue raised in this appeal.²

Accordingly, we affirm the trial coUrt on the basis of the opinion issued by Judge John C. Dowling, Court of Common Pleas of Dauphin County, in the matter of Harman v. Pennsylvania Liquor Control Board, Pa. D. & C. 3d , 107 Dauph. 8 (1986).

Order

And Now, this 27th day of June, 1988, the decision of the Court of Common Pleas of Dáuphin Coünty, dated April 30, 1986, is hereby affirmed.

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543 A.2d 616, 117 Pa. Commw. 326, 1988 Pa. Commw. LEXIS 518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harman-v-commonwealth-pennsylvania-liquor-control-board-pacommwct-1988.

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