Commonwealth v. Richard's Grill, Inc.

Opinion by

Judge Craig,

The Pennsylvania Liquor Control Board (LCB) has appealed from an order of the Court of Common Pleas of Allegheny County which reversed an LCB order im*222posing a $400 fine on Richard’s Grill, Inc., a licensee, for maintenance of gambling and gambling devices. From the uncontested testimony of the LCB agent, the trial court made the following findings:

At the non-jury de novo trial held on 6 January 1987, the Commonwealth elicited testimony through Mortty Ivy who, on 31 July 1984, observed two (2) individuals playing video poker in Licensee’s establishment. Agent Ivy…