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HUDE v. COMMONWEALTH.

No. 341 C.D. 1980.

55 Pa.Commw. 1 (1980)

Bernhard Hude, Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

November 24, 1980.

Attorney(s) appearing for the Case

Bernard V. O'Hare, III, O'Hare & Heitczman, for appellant.

David Shotel, Assistant Attorney General, with him Kenneth W. Makowski, Acting Chief Counsel, and Harvey Bartle, III, Acting Attorney General, for appellee.

Submitted on briefs October 9, 1980, to Judges MENCER, BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, November 24, 1980:

Bernhard Hude, owner of "The Light House" tavern, appeals the order of the Court of Common Pleas of Northampton County, affirming the imposition of a fine by the Pennsylvania Liquor Control Board (PLCB) for a violation of the music noise level restrictions contained in 40 Pa. Code § 5.32(a). That regulation provides:

(a) No licensee shall use or permit to be used inside or outside of the licensed premises a...

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