Opinion
March 18, 1963.
June 12, 1963.
Liquor Law — Licenses — Suspension — Findings — Licensee not only person pecuniarily interested in operation of licensed premises — Appointment of manager without board's approval — Evidence — Members of finance company majority directors of licensee — Board's knowledge of facts.
On appeal by a corporate licensee from an order of the Liquor Control Board suspending its license, upon findings that the licensee was not the only person pecuniarily interested in the operation of the licensed premises, and that the licensee had appointed a manager without board approval, in which it appeared that a finance company loaned money to the licensee, that two persons associated with the finance company became majority directors of the corporate licensee, that the sole shareholder in the corporate licensee assigned in blank her stock certificate and pledged it as collateral security with the finance company, and that security agreements and financing statements were executed to secure the loan; that the board had been aware of the association with the finance company of the majority directors of the licensee and had approved a change of officers; that the appointment by the licensee of a particular person as manager, five days after the previous manager had left the premises, was made known to the board by application for its approval; and that the court below, holding that there was no justification in the record for the action of the board in suspending the license, set aside the action of the board; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 340, Oct. T., 1962, from order of Court of Quarter Sessions of Philadelphia County, March T., 1961, No. 1251, in re suspension of restaurant liquor license No. R-15563 issued to Flomar Bar Corporation, trading as Emma's Play House. Order affirmed.
Same case in court below: 30 Pa. D. C. 2d 93.
Appeal by licensee from decision of Pennsylvania Liquor Control Board suspending liquor license.
Order entered sustaining appeal and setting aside suspension order, opinion by GUERIN, J. Commonwealth appealed.
George G. Lindsay, Assistant Attorney General, with him Lewis J. Nescott and Russell C. Wismer, Special Assistant Attorneys General, and Walter E. Alessandroni, Attorney General, for Pennsylvania Liquor Control Board, appellant.
Arthur S. Lorch, for appellee.
Argued March 18, 1963.
The order of the Court of Quarter Sessions of Philadelphia County is affirmed on the opinion of Judge GUERIN, for the court below, reported at 30 Pa. D. C. 2d 93.