LIQUOR CONTROL BD. v. FRANZONI ET AL.

No. 2700 C.D. 1981.

71 Pa.Commw. 248 (1983)

Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Rico Franzoni, Jr. and Yvonne A. Franzoni, t/a Rico's Big Trout Inn, Appellee.

Commonwealth Court of Pennsylvania.

January 18, 1983.


Attorney(s) appearing for the Case

J. Leonard Langan, Chief Counsel, for appellant.

No appearance for appellee.

Submitted on briefs October 7, 1982, to Judges BLATT, CRAIG and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE BLATT.

The Pennsylvania Liquor Control Board (Board) appeals here from an order of the Court of Common Pleas of Elk County which reversed the Board's order of May 1, 1981. That order imposed a fine of $400 upon Rico and Yvonne Franzoni (licensees) for engaging in another business on the licensed premises (Rico's Big Trout Inn).

Officer Molitierno, an enforcement officer employed by the Board, testified that he commenced an investigation into...

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