Pagan v. Pennsylvania Liquor Control Board

55 Pa. D. & C.4th 205, 2000 Pa. Dist. & Cnty. Dec. LEXIS 105
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedJuly 26, 2000
Docketno. 1999-C-2903
StatusPublished

This text of 55 Pa. D. & C.4th 205 (Pagan v. Pennsylvania Liquor Control Board) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pagan v. Pennsylvania Liquor Control Board, 55 Pa. D. & C.4th 205, 2000 Pa. Dist. & Cnty. Dec. LEXIS 105 (Pa. Super. Ct. 2000).

Opinion

FORD, J.,

The Pennsylvania Liquor Control Board refused the application of the appellant, Luis Pagan, for a person-to-person transfer of restaurant liquor license no. R-1243. The decision was rendered by the board on October 29, 1999. The appellant appealed that decision to us. On July 19, 2000, we denied the appeal and, consequently, denied the transfer of the liquor license to the appellant. We now set forth the reasons for our July 19 order. We begin with the procedural history of the case.

PROCEDURAL HISTORY

On May 8, 1998, the appellant filed an application for the transfer of restaurant liquor license no. R-1243 with the Pennsylvania Liquor Control Board. The appellant contemplated transfer of that liquor license from the estate of Carmen Palladino to him. The appellant also completed an “Application for retail liquor or retail dispenser license and permits.” An application for the transfer was completed by the executor of the Palladino estate, bearing execution date of April 30, 1998.

On February 10, 1999, Robert Woodside, a licensing analyst for the board, conducted an investigation of the [207]*207applications which uncovered some interesting materials which will be discussed below under findings of fact.

On August 11, 1999, Patrick Mellody, a hearing examiner appointed by the board, conducted a hearing on the application for transfer filed by the appellant. The hearing examiner recommended that the board approve the transfer.

The board, on October 29, 1999, entered an order rejecting the recommendation of the hearing officer and refusing the transfer of the liquor license.

The appeal to this court, from this action by the board, was filed by the appellant on November 18, 1999.

The board filed an opinion on December 10, 1999 explaining the reasons for its action in denying the application. As the board explained, it denied the application for two reasons, namely, that the appellant is “both a known criminal and not a person of good repute” and “[tjhere is no current agreement for the sale of restaurant liquor license no. R-1243 and thus, the license is not available for transfer.”

Our hearing on the appeal was conducted on April 3, 1999. Subsequent to the hearing, the parties filed briefs stating their respective positions. We have considered those in reaching our decision. We have also read the brief of amicus curiae Jerry Snyder, Esquire, counsel for the Palladino estate.

FINDINGS OF FACT

(1) The establishment for which the appellant seeks the liquor license is located at 701 North Jordan Street, Allentown, Lehigh County, Pennsylvania. He purchased the property on March 9, 1999. He substantially remod[208]*208eled the property spending over $12,000. He operates a restaurant there, with small bar, for lunch and dinners. It is a Spanish-American restaurant which is operated by the appellant and his mother, Ramira Vasquez. After a few months of operation, the appellant realized that the business would not be profitable without the ability to serve alcoholic beverages.

(2) At the time of the hearing, the restaurant being operated at 701 North Jordan Street was a legitimate and bona fide restaurant operation.

(3) The appellant resides a few blocks from the restaurant at 382 West Washington Street, Allentown, Pennsylvania. He purchased and rehabilitated that property.

(4) The appellant has had steady employment and has been responsible in this regard for several years preceding the application. He has been employed by Fort James Corporation for a period in excess of two years. He also takes courses in lathe training. The appellant is financially responsible. He works long hours. He has an excellent record with his employer.

(5) When the appellant submitted his May 8, 1998 application for transfer of license and permit, the appellant provided no information in response to item 17. That application, which is part of the record, reads at number 17:

“Conviction Record: The following is a record of all felony and misdemeanor convictions of the individual owner, all partners, the manager and all corporate officers, directors and stockholders. (Attach separate sheet, if necessary). If there have been no such convictions, insert the word ‘None.’ ”

[209]*209(6) The appellant has a significant criminal record which was not revealed on the application. It consists of the following:

(A) Conviction on July 30, 1981, for aggravated assault, a felony of the second degree; carrying a firearm without a license, misdemeanor of the first degree; and possession of marijuana, a misdemeanor. The defendant received a sentence of imprisonment. He was released from prison on June 1, 1983. He was paroled on July 29, 1985.

(B) The appellant was convicted on June 12, 1984 of a misdemeanor violation of Pennsylvania’s Drug Act. He was sentenced to 30 days in the county prison.

(C) The appellant was convicted on June 19, 1987 of disorderly conduct, a misdemeanor of the third degree. He was sentenced to six months of county probation.

(D) The appellant was convicted on August 11, 1992 of carrying a firearm without a license, a misdemeanor of the first degree; and possession with intent to deliver cocaine, a felony. The appellant was sentenced to a term of imprisonment, commencing on October 5, 1992 with a release date of August 31, 1994.

(E) The appellant was convicted on November 4, 1992 of possession of marijuana, a misdemeanor offense. He was sentenced to 15 to 30 days in the county prison.

(7) The appellant submitted an “application addendum” to the board. It was submitted after the initial application but before the hearing conducted by the hearing examiner. In this application addendum, signed by appellant, the criminal record of the appellant, which we have set forth above, is revealed.

[210]*210(8) The appellant testified that he relied upon the advice of his counsel, in the completion of item number 17 on the application for retail liquor or retail dispenser license and permits completed by appellant. In this regard, exhibit P-11 was admitted into evidence which is a stipulation of testimony as to Gene F. Roscioli, Esquire, counsel for the appellant who completed that application. In P-11 it is indicated that the decision not to include the criminal record of the appellant on the original application was a decision made by Attorney Roscioli on the basis of the attorney’s understanding that the board would not take into consideration any crimes and offenses that occurred more than five years prior to the filing of the application.

(9) Mr. Richard Yurick who resides on Washington Street in Allentown, several blocks from the proposed site for the liquor license, testified on behalf of the appellant. He is of the opinion that the appellant has a good reputation as a hard worker and as one who is trying to get ahead. He has known the appellant for approximately 12 years. Mr. Yurick has performed some work for pay, on a temporary basis, for the appellant in the past.

(10) On February 29, 2000, after a contested hearing, a final order of court was entered by our colleague, the Honorable Edward D. Reibman, under the Protection From Abuse Act. The terms of that order remain in effect until February 28, 2001. The basis for that order is as-saultive behavior by the defendant.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Tahiti Bar, Inc. Liquor License Case
395 Pa. 355 (Supreme Court of Pennsylvania, 1959)
Adair v. Pennsylvania Liquor Control Board
546 A.2d 19 (Supreme Court of Pennsylvania, 1988)
In re Giannilli
474 A.2d 738 (Commonwealth Court of Pennsylvania, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
55 Pa. D. & C.4th 205, 2000 Pa. Dist. & Cnty. Dec. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pagan-v-pennsylvania-liquor-control-board-pactcompllehigh-2000.