Mailing Date: June 3, 1998

 

COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ADMINISTRATIVE LAW JUDGE
FOR
PENNSYLVANIA LIQUOR CONTROL BOARD

PENNSYLVANIA STATE
POLICE, BUREAU OF
LIQUOR CONTROL ENFORCEMENT

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Citation No. 97-1699


v.

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Incident No. W5-161082

LID - 7589

ELBYS STATE COLLEGE INN INC
T/A SCHOOL HOUSE LOUNGE
1663 S ATHERTON ST
STATE COLLEGE PA 16801


CENTRE COUNTY
LICENSE NO. H-5218

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BEFORE: JUDGE  THAU

 

APPEARANCES:

For Bureau of Enforcement

For Licensee

Nadia L. Vargo, Esquire

Pennsylvania State Police

1 Parkway Center, Suite 100

875 Greentree Road

Pittsburgh, Pa 15220-3603

Leon Dec, General Manager

 

ADJUDICATION

BACKGROUND:

This proceeding arises out of a citation that was issued on September 29, 1997, by the Bureau of Liquor Control Enforcement of the Pennsylvania State Police (Bureau) against Elby’s State College Inn, Inc., t/a School House Lounge (Licensee), License Number H-5218.

 The citation1 charges Licensee with violations of Section 102 of the Liquor Code [47 P.S. §1-102]. The charge is that Licensee’s licensed premises was not a bona fide hotel on

May 3, June 18 and July 11, 1997, in that there were insufficient seating accommodations at tables in the public dining room.

An evidentiary hearing was conducted on April 14, 1998 at Commerce Park, 5000 Sixth Avenue, Altoona, Pennsylvania. Licensee was represented by its General Manager, Mr. Leon Dec.

After review of the transcript of that proceeding, the following Findings of Fact and Conclusions of Law are entered.

FINDINGS OF FACT:

  1. The Bureau began its investigation on March 28, 1997 and completed it on July 11, 1997. (N.T. 6)
  2. The Bureau sent a notice of alleged violations to Licensee at the licensed premises by certified mail-return receipt requested on July 29, 1997. The notice alleged violations as charged in the citation. (Commonwealth Exhibit No. C-1, N.T. 6)
  3. On the dates charged, Licensee maintained only twenty-one chairs at five tables. (N.T. 7-8)
  4. Three additional tables were broken and unavailable for use. Because of difficulty in ordering the tables, it took Licensee eleven months to acquire new ones. (N.T. 8-9)

                              

1. Commonwealth Exhibit No. C-2, N.T. 6.

CONCLUSIONS OF LAW:

1. The notice requirements of Liquor Code Section 471 [47 P.S. §4-471] have been satisfied.

2. The citation is sustained as charged.

PRIOR RECORD:

Licensee has been licensed since March 17, 1987 and has no prior violations. (N.T. 10)

PENALTY:

Section 471 of the Liquor Code [47 P.S. §4-471] prescribes a penalty of license suspension or revocation or a fine of not less than $50.00 or more than $1,000.00 or both for violations of the type found in this case.

I impose a $75.00 fine as Licensee is now in compliance.

ORDER:

THEREFORE, it is hereby ordered that Licensee pay a fine of $75.00 within 20 days of the mailing date of this Order. In the event the aforementioned fine is not paid within 20 days from the mailing date of this Order, Licensee’s license shall be suspended or revoked with bond forfeiture.

The fine must be paid by Treasurer’s Check, Cashier’s Check, Certified Check or Money Order. Personal checks, which include business-use personal checks, are not acceptable. Please make your guaranteed check payable to the Commonwealth of Pennsylvania and mail to:

PLCB - Office of Administrative Law Judge
Brandywine Plaza
2221 Paxton Church Road
Harrisburg, Pennsylvania 17110-9661

Dated this           day of May, 1998.

                                                                                                             

                                                                          Felix Thau, A.L.J.

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