Commonwealth, Pennsylvania Liquor Control Board v. T.J.J.R., Inc.

Opinion by

Judge Craig,

This appeal by the Pennsylvania Liquor Control Board (LCB) from an order of the Court of Common Pleas of Allegheny County presents an issue of first impression:

Where the LCB has proved that a licensee permitted minors to frequent the licensed premises, must the LCB also prove the absence of proper supervision of the minors in order to establish a violation by the licensee, or does the licensee have the burden of showing proper supervision as a matter of affirmative defense?

Pursuant to section 493 of the Liquor Code, Act of April 12, 1951, P.L. 90, as amended,, 47 PS.…