In re GTRT, Inc.

Commonwealth Court of Pennsylvania

In re GTRT, Inc.

458 A.2d 667, 73 Pa. Commw. 538, 1983 Pa. Commw. LEXIS 1552

CourtCommonwealth Court of Pennsylvania

DecidedApril 21, 1983

DocketAppeal, No. 3232 C.D. 1981

StatusPublished

This text of 458 A.2d 667 (In re GTRT, Inc.) 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

In re GTRT, Inc., 458 A.2d 667, 73 Pa. Commw. 538, 1983 Pa. Commw. LEXIS 1552 (Pa. Ct. App. 1983).

Pincite

Opinion

Opinion by

Judge MacPhah,

This appeal by the Pennsylvania Liquor Control Board (Board) from an order of the Court of Common Pleas of Allegheny County reversing the Board’s decision to impose a $250.00 fine on GrTRT, Inc. t/a Beer and Beverage Center (Licensee) involves the identical fact pattern and the exact issue this Court Liquor Control Board, 73 Pa. Commonwealth Ct. 514, 458 A.2d 660 (1983). The issue here as in Lampl is whether the failure of the Board to give a licensee specific instructions or orientation with respect to the maintenance of certain specific records, to wit, a purchase register, sales register and perpetual inventory [540]*540record as required by the Board’s regulations¹ is a valid defense to the Licensee’s admitted failure to maintain such records. In Lampl we noted that this Court had previously decided in Allegheny Beverage Co., Inc. v. Pennsylvania Liquor Control Board, 67 Pa. Commonwealth Ct. 487, 447 A.2d 725 (1982) that the Board was under no duty to advise licensees of their statutory or regulatory legal responsibilities in the operation of their licensed ppremises. We concluded in Lampl that that holding was directly applicable to the licensee’s record keeping obligations.

We, accordingly, reverse the trial court in the instant case.

Order

It is ordered that the order of the Court of Common Pleas of Allegheny County numbered SA 1139 and dated November 18, 1980, is hereby reversed.

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Opinion by

Judge MacPhah,

This appeal by the Pennsylvania Liquor Control Board (Board) from an order of the Court of Common Pleas of Allegheny County reversing the Board’s decision to impose a $250.00 fine on GrTRT, Inc. t/a Beer and Beverage Center (Licensee) involves the identical fact pattern and the exact issue this Court Liquor Control Board, 73 Pa. Commonwealth Ct. 514, 458 A.2d 660 (1983). The issue here as in Lampl is whether the failure of the Board to give a licensee specific instructions or orientation with respect to the maintenance of certain specific records, to wit, a purchase register, sales register and perpetual inventory [540]*540record as required by the Board’s regulations¹ is a valid defense to the Licensee’s admitted failure to maintain such records. In Lampl we noted that this Court had previously decided in Allegheny Beverage Co., Inc. v. Pennsylvania Liquor Control Board, 67 Pa. Commonwealth Ct. 487, 447 A.2d 725 (1982) that the Board was under no duty to advise licensees of their statutory or regulatory legal responsibilities in the operation of their licensed ppremises. We concluded in Lampl that that holding was directly applicable to the licensee’s record keeping obligations.

We, accordingly, reverse the trial court in the instant case.

Order

It is ordered that the order of the Court of Common Pleas of Allegheny County numbered SA 1139 and dated November 18, 1980, is hereby reversed.

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Bluebook (online)

458 A.2d 667, 73 Pa. Commw. 538, 1983 Pa. Commw. LEXIS 1552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gtrt-inc-pacommwct-1983.

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