THIS ORDER WAS APPEALED TO THE BOARD.
00-0958H - BRADY STREET BEER DISTRIBUTOR, INC.
Mailing Date: MAR 12 2001


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


PENNSYLVANIA STATE
POLICE, BUREAU OF
LIQUOR CONTROL ENFORCEMENT

:
:
:

Citation No. 00-0958


v.

:
:
:

Incident No. W7-218083

LID - 41571

BRADY STREET BEER
DISTRIBUTOR, INC.
T/A BRADY STREET BEER
DISTRIBUTOR
705 S. BRADY ST.
DUBOIS, PA 15801-1265

CLEARFIELD COUNTY
LICENSE NO. ID-1272

:
:
:
:
:
:
:
:
:






BEFORE:  JUDGE THAU

APPEARANCES:

For Bureau of Enforcement

For Licensee

Nadia L. Vargo, Esquire
Pennsylvania State Police
One Parkway Center
Suite 100
875 Greentree Road
Pittsburgh, PA 15220-3603

David J. Hopkins, Esquire
900 Beaver Drive
DuBois, PA 15801

ADJUDICATION

BACKGROUND:

This proceeding arises out of a citation that was issued on June 26, 2000, by the Bureau of Liquor Control Enforcement of the Pennsylvania State Police (Bureau) against Brady Street Beer Distributor, Inc., t/a Brady Street Beer Distributor (Licensee), License Number ID-1272.

The citation1 charges Licensee with a violation of Section 493(1) of the Liquor Code [47 P.S. §4-493(1)].  The charge is that Licensee, by servants, agents or employes, sold, furnished and/or gave or permitted such sale, furnishing or giving of alcoholic beverages to a male minor, nineteen (19) years of age, on April 7, 2000.

An evidentiary hearing was conducted on January 31, 2001 at the Hampton Inn, 180 Charlotte Drive, Altoona, Pennsylvania.

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

__________________________________
1. Commonwealth Exhibit No. C-2, N.T. 7.

FINDINGS OF FACT:

  1. The Bureau began its investigation on April 22, 2000 and completed it on May 15, 2000.  (N.T. 8)
  2. The Bureau sent a notice of an alleged violation to Licensee at the licensed premises by certified mail-return receipt requested on May 26, 2000.  The notice alleged a violation as charged in the citation. (Commonwealth Exhibit No. C-1, N.T. 7)
  3. On April 8, 2000, somewhere between 2:00 and 2:30 a.m., several local Police Officers came across an individual in the parking lot of a fast food restaurant.  The Officers were in a marked car and in uniform.  There were cans of beer on the tops of several cars.  There were four individuals at the cars.  One of whom was nineteen years old (born October 18, 1980).  (N.T. 21-25)
  4. He went to the premises on April 7, 2000, arriving at approximately 1:30 p.m.  The licensed premises operates a “Drive Thru.”  The minor drove into that area.  An attendant came up to the young man and asked what he wanted.  He replied that he wanted two, thirty packs of Coor’s Light.  The attendant sold the young man the two cases of beer.  (N.T. 26-28) 

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.

DISCUSSION:

Licensee raised the issue of the minor’s credibility. I have evaluated his testimony and find it to be worthy of belief.  Indeed Licensee’s records confirm there was a sale consistent with the time and quantity to which the minor testified.

PRIOR RECORD:

Licensee has been licensed since January 8, 1998 and has no prior violations. (N.T. 63)

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 $1,000.00 or more than $5,000.00 or both for violations of the type found in this case.

I impose a $1,000.00 fine.

ORDER:

THEREFORE, it is hereby ordered that Licensee pay a fine of $1,000.00 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.

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, PA 17110-9661

Dated this 7th day of March, 2001.

____________________________________
Felix Thau, A.L.J.

pm

MOTIONS FOR RECONSIDERATION MUST BE RECEIVED WITHIN 15 DAYS OF THE MAILING DATE OF THIS ORDER TO THE OFFICE OF ADMINISTRATIVE LAW JUDGE AND REQUIRE A $25.00 FILING FEE.  A WRITTEN REQUEST FOR RECONSIDERATION MUST BE SUBMITTED WITH THE FILING FEE.

Section 471 of the Liquor Code provides to a licensee who feels aggrieved by the adjudication of the administrative law judge, a right to appeal to the board. The appeal shall be based on the record before the administrative law judge. [Section 471 also provides for the board decisions to be appealed to Common Pleas courts.]

THIS ORDER WAS APPEALED TO THE BOARD.

CLICK HERE to view board's decision.

Privacy Policy | Security Policy

Copyright ©=Year(now) Pennsylvania Liquor Control Board. All Rights Reserved.


Close This Window