Pennsylvania State Police Bureau of Liquor Control Enforcement v. D'Angio, Inc.

PELLEGRINI,1 Judge.

This is an appeal from a decision of the Court of Common Pleas of Luzerne County (trial court) that when a licensee’s liquor license was in safekeeping with the Liquor Control Board (Board) and not physically displayed at the licensed premises, it was not a licensed premises subject to Section 493(10) of the Liquor Code’s2 prohibition against lewd, immoral or improper entertainment on licensed premises.

D’Angio, Incorporated (Operator) had a liquor license to serve liquor at its restaurant at 935 East 3rd Street, Nescopeck, Pennsylvania (Premises). On February 15, 1993,…