Pennsylvania State Police, Bureau of Liquor Control Enforcement v. Capek

FRIEDMAN, Judge.

The Pennsylvania State Police, Bureau of Liquor Control Enforcement (Bureau) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) reversing the decision of the Liquor Control Board (Board) and dismissing charges brought against Dale E. Capek t/a Landmark Lounge (Licensee) alleging that Licensee violated sections 493(21) and 471 of the Liquor Code1 and section 5101 of the Crimes Code.2 We affirm.3

On November 15,1992, Bureau Agent William Radvansky conducted an “after hours” patrol in Cheswick. While Agent Radvansky was in the Landmark Lounge’s…