Biber Appeal

O’KXCKI, J.,

This case is an appeal from the imposition of a $300 fine by the Pennsylvania Liquor Control Board upon a licensee, Elgene J. Biber, as a result of a citation charging Mr. Biber with pool selling and bookmaking, and/or permitting gambling on the licensed premises.

The issue in this case is whether a Commonwealth agency (PLCB) may impose, based on the evidence in this case, a fine upon a Commonwealth licensee (Biber), who received from an agent of the Commonwealth (undercover Pennsylvania State Policeman) money to take to a Commonwealth licensed racetrack (the Meadows) and bet such…