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P.L.C.B. v. HENSTOCK

No. 755 C.D. 1987.

118 Pa.Commw. 223 (1988)

544 A.2d 1119

Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Kenneth Henstock, Appellee.

Commonwealth Court of Pennsylvania.

July 28, 1988.

Attorney(s) appearing for the Case

Eileen S. Maunus, Assistant Counsel, with her, Ken Skelly, Chief Counsel, for appellant.

Edward A. McQuoid, King, Ruprecht & McQuoid, for appellee.

Submitted on briefs April 19, 1988, to Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, July 28, 1988:

The Pennsylvania Liquor Control Board (LCB) has appealed from an order of the Court of Common Pleas of Allegheny County reversing an LCB decision which imposed a $350 fine on Kenneth Henstock, a licensee, for maintaining gambling and gambling devices on the licensed premises. This court reverses the trial court's order.

The issue is whether the bartender's payment of $20, from segregated funds, to a patron achieving a...

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