Commonwealth, Pennsylvania Liquor Control Board v. Inntermission Lounge & Restaurant, Inc.

Opinion by

President Judge Crumlish, Jr.,

The Pennsylvania Liquor Control Board (Board) fined Inntermission Lounge and Restaurant, Inc. (Lounge) $350.00 for possessing or operating gambling *27devices or permitting gambling on licensed premises.1 The Allegheny County Common Pleas Court vacated the penalty. The Board appeals; we reverse and remand.

A Pittsburgh City police officer played four video poker machines in the Lounge and was able to “knock down”2 the credits accumulated on each machine (N.T. 2/10/87, p. 5). In a criminal proceeding pursuant to 18 Pa. C. S. §5513 (gambling devices;…