Commonwealth v. Henstock

Opinion by

Judge Craig,

The Pennsylvania Liquor Control Board (LCB) has appealed from an order of the Court of Common Pleas of Allegheny County reversing an LCB decision which imposed a $350 fine on Kenneth Henstock, a licensee, for maintaining gambling and gambling devices on the licensed premises. This court reverses the trial courts order.

The issue is whether the bartenders payment of $20, from segregated funds, to a patron achieving a score on an electronic coin-operated poker machine, into which he had inserted coins, constituted a gambling operation or merely a “tournament or contest”…