Commonwealth, Pennsylvania Liquor Control Board v. Schiaffo

Opinion by

Judge Blatt,

The Pennsylvania Liquor Control Board (LCB) appeals here an order of the Court of Common Pleas of Philadelphia County which vacated the penalty imposed by the LCB on John E. Schiaffo, t/a AAA Beer Store (licensee). He was charged with selling beer to a minor in violation of Section 493(1) of the Liquor Code (Code), Act of April 12, 1951, P.L. 90, as amended, 47 P.S. §4-493(1).

The facts are not in dispute. An LCB Enforcement Officer observed one John Davies enter the licensed premises and leave a short time later carrying a case of beer. The officer stopped Mr. Davies,…