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PA. L. C. B. v. JOHNSTOWN TURN-VEREIN.

No. 2968 C.D. 1981.

71 Pa.Commw. 451 (1983)

Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Johnstown Turn-Verein, Appellee.

Commonwealth Court of Pennsylvania.

January 28, 1983.

Attorney(s) appearing for the Case

J. Leonard Langan, Chief Counsel, for appellant.

No appearance for appellee.

Submitted on briefs October 6, 1982, to President Judge CRUMLISH, JR. and Judges MacPHAIL and DOYLE, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR.

The Pennsylvania Liquor Control Board (Board) appeals a Cambria County Common Pleas Court order which reversed Johnstown Turn-Verein's (licensee) liquor license suspension. We reverse.

The licensee, a club, was cited with a violation of the Liquor Code1 which prohibits the sale of alcoholic beverages to non-members. After two refusals, an agent was served two drinks on his third visit. Based...

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