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HomeMy WebLinkAbout10-7475 C?F TyE PPaTH~t~ ~~`AR~, r i~?IQ ~~i, -~ P~ 3~ t~6 CUMBERLAND COUNTY PENF~SYLYA~df~", P. Richard Wagner, Esquire PA Supreme Court LD. #23103 Mancke, Wagner, & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717)234-7080 Attorney For Appellant PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT, Appellee, v. AMERICAN LEGION HALL ASSN. POST NO. 101 Appellant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: /d - 7 Y7~S' NOTICE OF APPEAL AND NOW, comes the Appellant American Legion Hall Assn., Post No. 101, by and through their attorneys, Mancke, Wagner & Spreha, and files the following Appeal from the decision of the Pennsylvania Liquor Control Board: 1. The Appellant, American Legion Hall Assn., Post No. 101, has an address of 142-146 N. Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. The Appellee, The Pennsylvania State Police, Bureau of Liquor Control Enforcement, has an address of 3655 Vartan Way, Harrisburg, Dauphin County, Pennsylvania. 3. At all times pertinent hereto, the Appellant is licensed by the Pennsylvania Liquor Control Board, having a liquor license. $`92.00 ~~ ~as~ ~ ~sig3s 4. On or about November 3, 2010, the Pennsylvania Liquor Control Board issued an Order and Opinion, a copy of which is attached hereto, incorporated herein by reference, made a part hereof, and mazked as Exhibit A. 5. The basis of the Opinion was predicated upon a citation consisting of two (2) counts issued by the Bureau of Liquor Control Enforcement; Count I being an alleged violation of the Local Option Small Games of Chance Act (10 P.S. §311), and the attendant Department of Revenue Regulations; the second Count alleging a violation of the Local Option Small Games of Chance Act (10 P.S. §315 (b)), and the attendant regulations. 6. The herein appeal is pursuant to the provisions of the Liquor Code, 47 P.S. §4-471(b). 7. Said appeal of the Licensee is predicated upon the lack of authority of the Bureau of Liquor Control Enforcement to enforce the Small Games of Chance, which was the basis of the original citations from the Bureau of Liquor Control Enforcement. 8. A review of the Liquor Code, 47 P.S. §1-101, specifically in its subsectoin 2-211, sets forth the enumerated powers of enforcement of the Bureau of Liquor Control Enforcement. 9. A review of that section reveals that the legislature did not grant authority to the Bureau of Liquor Control Enforcement to enforce the provisions of the Local Option Small Games of Chance. -2- WHEREFORE, Licensee/Appellant herein requests this Court to grant its appeal. Respectfully Submitted, Mancke, Wagner & Spreha Wagner, Esquire I.D. #23103 2233 North Front Street Hamsburg, PA 17110 Attorneys For Appellant Date: ~a ~ u -3- w Mailing Date: November 3, 2010 PENNSYLVANIA LIQUOR CONTROL BOARD HARRISBURG, PA 17124-0001 PENNSYLVANIA STATE POLICE, Citation No. 10-1327 BUREAU OF LIQUOR CONTROL ENFORCEMENT v. . AMERICAN LEGION HALL ASSN. License No. CC-4188 POST NO. 101 142-146 North Hanover Street LID 3614 Carlisle, PA 17013-2410 . Counsel for Licensee: P. Richard Wagner, Esquire (on appeal) Mancke, Wagner 8t Spreha 2233 North Front Street Harrisburg, PA 17110 Counsel for Bureau: Thomas M. Ballaron, Esquire Pennsylvania State Police, Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, PA 17110 OPINION American Legion Hail Assn. Post No. 101 ("Licensee") appeals from the Adjudication and Order of Administrative Law Judge Daniel T. Flaherty, Jr. ("ALJ"), wherein the ALJ sustained Citation No. 10-1327, imposed a ~~ fine in the amount of three thousand dollars ($ 3,000.00), and suspended the liquor license for a period of f fteen (15) days. The first count of the citation charged that for a two (2)-year period preceding ~ May 5, 2010, Licensee, by its servants, agents or employees, violated sections 471 and 493(12) of the Liquor Code [47 P.S. §§ 4-471 and 4-493(12)], section 311 of .the Local Option Small Games of Chance Act ("LOSGCA") [10 P.S. § 311 ], and section 901 of the Department of Revenue Regulations [61 Pa. Code § 901 ], in that Licensee .failed to maintain complete and truthful records covering the operation of the licensed business. The second count of the citation charged that during the periods July 25 through July 31, August 1 through August 7, October 10 through October 16, November 21 through November 27, November 28 through December 4, December 5 through December 11, 2009, and February 27 through March 5, 2010, Licensee, by its servants, agents or employees, violated sections 471 of the Liquor Code [47 P.S. § 4-471 ] and section 315(b) of the LOSGCA j10 P.S. § 315(b)], by offering and/or awarding more than five thousand dollars ($ 5,000.00) in cash or merchandise in any seven (7)-day period. 2 Y' ' The third count of the citation charged that during the period between February 5 and May 5, 2010, Licensee, by its servants, agents or employees, 93 12 of the Liquor Code j47 P.S. § 4-493(12)], in that violated section 4 ( ) Licensee falsified records covering the. operation of the licensed business. On ul 9 2010, Licensee submitted an Admission, Waiver and J y Authorization ("Waiver"}: to the Office of the Administrative Law Judge "OAL "), in which Licensee admitted to the violation charged in the citation ( 1 -and inter a/ia, waived a right to appeal the adjudication. jAdjudication p. 2]• e Waiver was signed by David Bowermaster, Licensee's corporate officer, Th on ul 2 2010. The ALJ's Order and Adjudication was mailed on l y , September 3, 2010. On September 24, 2010, P. Richard Wagner, Esquire, filed this appeal to the ALJ's Order and Adjudication on behalf of Licensee. There is no question that Licensee's right to appeal the substance of the violation and the penalty imposed were expressly waived. Pennsylvania State Police Bureau of Li uor Control Enforcement v. Wilner, 687 A.2d 1216 Pa. Cmwlth. 1997); Pennsylvania Liquor Control Bd. v. Dentici, 117 Pa. Cmwlth. 70, 542 A.2d 229 (1988). However, recognizing that subject 'urisdiction cannot be waived and may be raised at any stage of the matter I proceedings, the Board will consider Licensee's appeal to the extent it 3 addresses that issue. Alexander v Pennsylvania Dept. of Transportation, 880 A.2d 552 (Pa. 2005). On appeal, Licensee contends that the Pennsylvania State Police, Bureau of Liquor Control Enforcement ("Bureau") lacks jurisdiction to investigate and impose penalties under section 471 for offenses not enumerated in the Liquor Code, such as those found in the LOSGCA. Thus, it argues the AL} lacked subject matter jurisdiction and committed an error of law by imposing penalties under the, Liquor Code for LOSGCA offenses. Counts 1 and 2 involve violations of section 471 based upon underlying LOSGCA offenses; however, the third count, falsifying records, stands on its own as a violation of section 493 (12) of the Liquor Code and is thus not addressed by Licensee's appeal. In response to Licensee's appeal regarding the Counts 1 and 2, the Bureau argues that resolution of this issue is governed by the Commonwealth Court's decision in Pennsylvania State Police, Bureau of Liquor Control Enforcement v Harrisburg Knights of Columbus Home Association, 989 A.2d 39 (Pa. Cmwlth. 2009). The Board agrees that the Knights of Columbus case makes it clear that the Bureau is empowered to investigate and cite a licensee for violations of 4 e gambling laws such as those found in the Crimes Code and the LOSGCA, under section 471 of the Liquor Code. [47 P.S. § 4-471(a)]. The Bureau has jurisdiction in matters involving the LOSGA since such would constitute "other sufficient cause shown" as set forth in section 471 of the Liquor Code, as acknowledged by the Commonwealth Court in Knights of Columbus and the Pennsylvania Supreme Court in Pennsylvania Liquor Control Bd. v. TLK, 544 A.2d 931 (Pa. 1988). The courts have consistently held that violations of criminal laws other than the Liquor Code may constitute sufficient cause for the imposition of penalties, pursuant to section 471, when reasonably related to the sale and use of alcoholic beverages, including gambling. Knights of Columbus, 989 A.2d at 44. Proceeding on the terms of the Waiver, Licensee has no grounds for challenging Count 3. Furthermore, it is well. established that the Bureau had jurisdiction to issue the citation for Counts 1 and 2. Therefore, the AL] acted properly and was well within the parameters established by section 471 of the Liquor Code [47 P.S. § 4-471 ] in sustaining all three (3) counts of - the citation and in the imposition of a fine and suspension. 5 r ORDER The decision of the AL) is affirmed. The appeal of the Licensee is dismissed. The fine of three thousand dollars ($3,000.00) has been paid. This case is hereby remanded to the ALJ for imposition of new dates for the fifteen (15)-day suspension. Bo rd Secretary 6 CERTIFICATE OF SERVICE I, Debra K. Spinner, secretary in the law firm of Mancke, Wagner & Spreha, do her eby certify that I am this aay serving a copy of the foregoing Notice of Appeal to the folio ' wmg Persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Appellate Procedure, by depositing the same in the United S fates Mail, Hamsburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Thomas M. Ballaron, Esq. Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, PA 17110 Office of Chief Counsel Liquor Control Board 401 Northwest Office Bldg. Harrisburg, PA 17124 Office of Administrative Law Judge Brandywine Plaza 2221 Paxton Church Road Harrisburg, PA 17110 Date: / ~. By Debra K. Spinner, Secretary Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Appellant/Licsenee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 10-7475 AMERICAN LEGION HALL ASSN. POST NO. 101, Appellant VS. PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT, Appellee "CERTIFICATION OF OFFICIAL RECORD" Appeal from the Order of the Pennsylvania Liquor Control Board, No. 10-1327 Entered on January 12, 2011 THOMAS M. BALLARON Assistant Counsel Pennsylvania State Police 3655 Vartan Way Harrisburg, PA 17110 (717) 540-7411 Attorney I.D. #23370 C-) N C) O r?- 2r -v r s o° X n C); tip' C M 0 0 PENNSYLVANIA LIQUOR CONTROL BOARD ATTESTATION/CERTIFICATION OF OFFICIAL RECORDS TO: Thomas M. Ballaron, Esquire PENNSYLVANIA STATE POLICE Bureau of Liquor Control Enforcement ATTESTATION I HEREBY ATTEST that I am the legal custodian (or deputy custodian) of the official record designated below of which the attached is a true and correct copy. Attestation from the Pennsylvania Liquor Control Board, Office of Administrative Law Judge, Certification of Official Record for AMERICAN LEGION HALL ASSN, POST NO. 101, dated October 18, 2010. Citation No. 10-1327 issued in the name of: AMERICAN LEGION HALL ASSN POST NO. 101 142-146 N. Hanover Street Carlisle, PA 1701-2410 and Waiver received from AMERICAN LEGION HALL ASSN, POST NO. 101 on July 9, 2010. and Opinion issued by the Office of the Administrative Law Judge on September 3, 2010. CERTIFICATION OF RECORDS Citation No. 10-1327 Page 2 and Pennsylvania Liquor Control Board, Office of Administrative Law Judge citation docket. and Appeal of Administrative Law Judge Adjudication from P. Richard Wagner, Esquire, attorney for Licensee, to the Pennsylvania Liquor Control Board, Office of Chief Counsel, dated and received September 24, 2010. and Notification of appeal from Pennsylvania Liquor Control Board, Office of Chief Counsel, to Thomas Ballaron, Esquire, attorney for Pennsylvania State Police Bureau of Liquor Control Enforcement, with copy to Licensee, dated September 24, 2010. and PSP, BLCE Response to Licensee's appeal from Thomas Ballaron, Esquire, attorney for the Pennsylvania State Police Bureau of Liquor Control Enforcement, with copy to Licensee, dated September 30, 2010. and Pennsylvania Liquor Control Board's Opinion and Order of November 35 20103, including Notice of Right to Appeal. Date: January 7, 2011 L AT CUSTODIAN or DEPUTY CUSTODIAN CERTIFICATION OF RECORDS Citation No. 10-1327 Page 3 CERTIFICATION I CERTIFY THAT the officer whose name appears above is the official custodian or deputy custodian of the attached record. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Pennsylvania Liquor Control Board on the day and date specified. Date: January 7, 2011 )rz-z' /e '4k4? BOARD SECRETARY LIQUOR CONTROL BOARD PE SYLVANIA LIQUOR CONTROL BOARD OFFICE OF ADMINISTRATIVE LAW JUDGE ATTESTATION/CERTIFICATION OF OFFICIAL RECORDS TO: CHIEF COUNSEL ATTESTATION COMMONWEALTH OF PENNSYLVANIA, ss: I HEREBY ATTEST that I am the legal custodian or deputy custodian of the official record designated below of which the attached are true and correct copies. Citation No. 10-1327, issued in the name of: AMERICAN LEGION HALL ASSN. -?; POST NO. 101 m ° Cl) 142-146 N. HANOVER ST. ° - ?ni CARLISLE, PA 17013-2410 bm and n ?M ? ca Waiver received from AMERICAN LEGION HALL ASSN z . POST NO. 101 on July 9, 2*. ' C= and Opinion issued by the Office of Administrative Law Judge on September 3, 2010. and Pennsylvania Liquor Control Board, Office of Administrative Law Judge citation docket. Date: October 18, 2010 9-t& M: SchnU4 Legal or Deputy Custodian CERTIFICATION I CERTIFY THAT the person whose name appears above is the legal custodian or deputy custodian of the attached record. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Office of Administrative Law Judge on the day and date specified. Date: October 18, 2010 Eifzm S. Maunus Chief Administrative Law Judge 0 COMMONWEALTH OF PENNSYLVANIA 2010 JUL -2 'AM 9:'08 PENNSYLVANIA STATE POLICE BUREAU OF LIQUOR CONTROL CITATION NO. 10-1327 ENFORCEMENT Incident No. W03-402113 AMERICAN LEGION HALL ASSN. POST NO, 101 : LID - 3614 142`146 N. HANOVER ST. CARLISLE, PA 17013-2410 License No. CC-4188 CUMBERLAND COUNTY License First Issued: January 26, 1945 CITATION WHEREAS, the Pennsylvania Liquor Control Board has issued to you the above-referenced license and related permit(s) for the licensed terms ending January 31, 2010 and January 31, 2011; and WHEREAS, the Bureau of Liquor Control Enforcement is in possession of facts which leads it to believe that you have violated the Liquor Code, the Act of April 12, 1951, P.L. 90, as reenacted and amended, 47 P.S. §1-101, et se q, and the rules and regulations adopted pursuant thereto, in the following manner: 1. You, by your servants; agents or employees, failed to maintain complete and truthful records covering the operation of the licensed business for a period of two (2) years immediately preceding May 5, 2010, concerning the Local Option Small Games of Chance Act, in violation of Sections 471 and 4.93(12) of the Liquor Code, 47 P.S. §§4-471 and 4-493(12), Section 311 of the Local American Legion Halt Assn. Post No. 101 Citation No. 10-1327 Page 2 Option Small Games of Chance Act, 10 P.S. §311 and Section 901 of the Department of Revenue Regulations, 61 Pa. Code §901. 2. During the periods July 25 through 31, August 1 through 7, October 10 through 16, November 21 through 27, November 28 through December 4, December 5 through 11, 2009 and February 27 through March 5, 2010, you, by your servants, agents or employees, offered and/or .awarded more than $5,000.00 in cash or merchandise in any seven-day period, in violation of Section 471 of the Liquor Code, 47 P.S. §4-471 and Section 315(b) of the Local Option Small Games Hof Chance Act, 10 P.S. §315(b). 3. You, by your servants, agents or employees, falsified records covering the operation of the licensed business between February 5 and May 5, 2010, in violation of Section 493(12) of the Liquor Code, 47 P.S. §4-493(12). NOW THEREFORE, you are hereby cited to appear before an Administrative Law Judge, on a date to be scheduled by the Office of Administrative Law Judge, to show cause why such license should not be suspended or revoked or' a fine imposed, You have the right to retain legal counsel to represent you. If you do hire an attorney, he or she must file a Notice of Appearance with the Office of Administrative Law Judge, Brandywine Plaza, 2221 Paxton Church Road, Harrisburg, Pennsylvania 17110-9661, and forward a copy to the Assistant Counsel at the address listed below in accordance with 1 Pa. Code Subchapter C. Delay in obtaining counsel is not reason for any continuance. American Legion Hall Assn. Post No, 101 Citation No. 10-1327 Page 3 You have the right to waive your hearing. Such action is an admission to the charges, Should you choose to waive, the proper form is enclosed for your convenience. Upon receipt, the Office of Administrative Law Judge will process the forms and issue an adjudication. BY ORDER Bureau of gu rol rcement MAJ JOHN P. LUTZ Director Date: . July 1, 2010 Thomas M. Ballaron, Assistant Counsel Pennsylvania State Police Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, PA 17110 Telephone: (717) 540-7411 PLCB-1847 05/10 COMMONWEALTH OF PENNSYLVANIA ADMISSION, WAIVER AND AUTHORIZATION OFFICE OF ADMINISTRATIVE PENNSYLVANIA LIQUOR CONTROL BOARD ARTICLE IV LICENSEES LAW JUDGE PLEASE READ INSTRUCTION SHEET BEFORE COMPLETING THIS FORM. 1. NAME OF LICENSEE AS IT APPEARS ON THE LICENSE AMERICAN LEGION HALL ASSN. POST NO. 101 2. LICENSE NUMBER 3. LID NUMBER 4. CITATION NUMBER CC-4188 3614 10-1327 5. a. Has the license been returned to the Pennsylvania Liquor Control Board for safekeeping? ? Yes X No b. Has a transfer application been filed with the PLCB Bureau of Licensing? ? Yes ® No c. If a suspension is imposed, do you wish to serve it as soon as possible? Ryes ? No d. Customary and Usual Days of Operation: ® Sunday N Monday ©Tuesday (Z Wednesday Q Thursday N Friday 2 ]Saturday 6. STATEMENT OF ADMISSION, WAIVER AND AUTHORIZATION • Licensee admits to all violations charged in the referenced citation. • Licensee admits the Bureau of Liquor Control Enforcement has complied with the applicable notice requirements of the Liquor Code. • Licensee waives the right to a hearing. • Licensee waives the right to appeal the Adjudication. • Licensee authorizes the Administrative Law Judge to enter an Adjudication based on a summary of facts and prior Adjudication History. THE PENALTIES AUTHORIZED BY LAW, FOR EACH COUNT, ARE: ? X License suspension and/or revocation; suspension and/or revocation of any ancillary permit, including but not limited to thle tmu6knent Permit or Sunday Sales Permit; RAMP Certification and/or fine of: ! $50 to $1,000 as to Count(s) No. 1, 2, 3 and/or $1,000 to $5,000 as to Count(s) No. N/A " If a violation is the third or subsequent violation of any of the offenses referred to in subsection 471(b) of the4dquor Code or Crimes Code within a four (4) year period, the Administrative Law Judge must, as least, impose a suspension. 8. AUTHORIZATION TO TRANSMIT DOCUMENTS BY E-MAIL: I authorize the Office of Administrative Law Judge to transmit documents electronically to the e-mail address listed below. I waive service of documents by mail. I further recognize the office of Administrative Law Judge will not necessarily be able to verify your receipt of the e-mail. ? Yes j4 No SIGNATURE 9. UNDER PENALTY OF LAW (18 PA. C.S. §4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES), I VERIFY THAT I AM THE LICENSEE, AN OFFICER/PARTNER, CLUB STEWARD, MANAGER OR ATTORNEY, AUTHORIZED TO COMPLETE AND SIGN THIS ADMISSION, WAIVER AND AUTHORIZATION ON BEHALF OFTHE LICENSEE. I HAVE READ AND UNDERSTAND THE WRITTEN INSTRUCTION SHEET. S`F,. Q L 0 mm 2?'. ?.. cv f ? S SIGNATURE PRINT NAME TITLE/RELATIONSHIP TO LICENSEE E-MAIL ADDRESS All DAYTIME PHONE NUMBER ATTORNEY I.D. DATE 1 Mailing Date: SEp 0 3 2010 COMMONWEALTH OF PENNSYLVANIA OFFICE OF ADMINISTRATIVE LAW JUDGE FOR PENNSYLVANIA LIQUOR CONTROL BOARD PENNSYLVANIA STATE POLICE, BUREAU OF Citation No. 10-1327 LIQUOR CONTROL ENFORCEMENT V. Incident No. W03-402113 AMERICAN LEGION HALL ASSN. POST NO. 101 LID- 3614 142-146 N. HANOVER ST. CARLISLE, PA 17013-2410 CUMBERLAND COUNTY LICENSE NO. CC-4188 ADJUDICATION BEFORE JUDGE FLAHERTY BUREAU COUNSEL BALLARON LICENSEE: PRO SE BACKGROUND: This proceeding arises out of a citation that was issued on July 2, 2010, by the Bureau of Liquor Control Enforcement of the - Pennsylvania State Police (hereinafter "Bureau") against AMERICAN LEGION HALL ASSN. POST NO. 101, License Number CC-4188 (hereinafter "Licensee"). The citation contains three counts. The first count charges Licensee with violation of Sections 471 and 493(12) of the Liquor Code [47 P.S. §§4-471 and 4-493(]2)], Section 311 of the Local Option Small Games of Chance Act [10 P.S. §311] and Section 901 of the'Department of Revenue Regulations [61 Pa. Code §901] in that Licensee, by its servants, agents or employes, failed to maintain complete and truthful records covering the operation of the licensed business for a period of two years immediately preceding May 5, 2010, concerning the Local Option Small Games of Chance Act. AMERICAN LEGION HOME ASSN. POST NO. 101 CITATION NO. 10-1327 PAGE 2 The second count charges Licensee with violation of Section 471 of the Liquor Code [47 P.S. §4471] and Section 315(b) of the Local Option Small Games of Chance Act [10 P.S. §315(b)] in that during the periods July 25 through 31, August 1 through 7, October 10 through 16, November 21 through 27, November 28 through December 4, December 5 through 11, 2009 and February 27 through March 5, 2010, Licensee, by its servants, agents or employes, offered and/or awarded more than $5,000.00 in cash or merchandise in any seven day period. The third count charges Licensee with violation of Section 493(12) of the Liquor Code [47 P.S. §4493(12)] in that Licensee, by its servants, agents or employes, falsified records covering the operation of the licensed business between February 5 and May 5, 2010. Licensee has executed a Statement of Waiver, Admission and Authorization in which Licensee: admits to the violation(s) charged in the citation and that the Bureau complied with the applicable investigatory and notice requirements of the Liquor Code, authorizes the Administrative Law Judge to enter an Adjudication without a hearing based on a summary of facts as provided by the Bureau and prior citation history, and waives the right to appeal this Adjudication. Based upon the admission(s) of Licensee and the summary of facts provided by the Bureau, I make the following Findings of Fact and reach the following Conclusions of Law: FINDINGS OF FACT: COUNTS 1, 2 AND 3 1. On May 5, 2010 an officer of the Bureau entered the licensed premises to review the records and conclude a routine inspection. The officer noted that the club bookkeeper was present at that time. When questioned about the small games of chance records, the bookkeeper stated that no records were kept for pull tab games which offered individual prizes greater than $100.00. Additionally, records were kept only for the club's daily drawing book payouts which exceeded $100.00. The officer explained that records must also be completed for individual prizes awarded, in pull tab games, punchboards and regular raffles in addition to a daily or weekly drawing book. The officer also learned that no itemized records were maintained on Licensee's two stamp machines, which dispensed pull tab game tickets, nor were records kept for the tip board games. • AMERICAN LEGION HOME ASSN. POST NO. 101 CITATION NO. 10-1327 PAGE 3 2. The officer reviewed Licensee's small games of chance payout records and observed that the following payout amounts were made during the following seven day periods: July 25-31, 2009 $5,250.00 August 1-7, 2009 $5,250.00 October 10-16, 2009 $5,565.00 November 21-27, 2009 $5,245,00 November 28-December 4, 2009 $5,615.00 December 5-11, 2009 $5,625.00 February 27-March 5, 2010 $5,250.00 3. As a result of the in-depth review of the small games of chance records, the officer found that the club appeared to be falsifying records. Specifically, an undercover officer had visited the club on February 5, 2010. During his visit, he purchased tickets from three games currently in play which were titled, "Deep Pockets," "American Legion Post No. 101," and "Goin Out for Trout." The first two games are commonly referred to as "fish" games, and no record of the games could be located anywhere in Licensee's recordkeeping schedules or in the monthly packets of expended flare cards. When questioned about the third game, the bookkeeper stated that she had never heard of it. The officer noted that there was no recordkeeping or expended flare cards for that game either. 4. The officer requested that the bookkeeper accompany him to the bar counter to ascertain what games were currently in play. He observed that only one "American Legion Post No. 101" game was in play. However, he found three expended pull tab game flare cards in the drawer behind the cash register. Each of the flare had a quantity of $20.00 bills stapled to it which was the amount of payout for each of these games winners. Two of the games were identified as "Moe Money" and the third was "Cleo the Seal Revealer." No record of the games was found in the club's recordkeeping. CONCLUSIONS) OF LAW: Counts 1, 2 and 3 of the citation are sustained. PRIOR RECORD: Licensee has been licensed since January 26, 1945, and has had three prior violation(s) since July 1, 1987, the date of establishment of the Office of Administrative Law Judge: Citation No. 88-0314. 7 days suspension. 1. Fortified, adulterated and/or contaminated liquor. AMERICAN LEGION HOME ASSN. POST NO. 101 CITATION NO. 10-1327 PAGE 4 Citation No. 95-3012. Fine $300.00. 1. Failed to notify the Board within 15 days of a change of officers. 2. Failed to adhere to bylaws. 3. Failed to give the Board immediate written notice of a change of manager. 4. Failed to maintain minute book in conformity with Title 40 of the Pennsylvania Code. Citation No. 06-2888. Fine $1,500.00. 1. Possessed or operated gambling devices or permitted gambling on the licensed premises (tickets, drawings and sign up books). August 16, 2006. 2. Failed to maintain complete and truthful records covering the operation of small games of chance for a period of 2 years. September 18, 2006. 3. Offered and/or awarded more than $5,000.00 in cash or merchandise in any 7-day period. August 19-25, August 26-September 1, September 2-8 and September 9-15, 2006. PENALTY: Section 471 of the Liquor Code [47 P.S. §4-471] prescribes a penalty of license suspension or revocation or a fine of not less than $50.00 or more than $1,000.00 or both for violations of the type found in this case. Under the circumstances of this case, the penalty imposed shall be as follows: Count 1 - $1,000.00 fine and 5 days suspension Count 2 - $1,000.00 fine Count 3 - $1,000.00 fine and 10 days suspension ORDER THEREFORE, it is hereby ordered that Licensee AMERICAN LEGION HALL ASSN. POST NO. 141, pay a fine of $3,00.00 within 20 days of the mailing date of this Order. In the event the aforementioned fine is not paid within 20 days from the mailing date of this Order, Licensee's license shall be suspended or revoked. AMERICAN LEGION HOME ASSN. POST NO. 101 CITATION NO. 10-1327 PAGE5 IT IS FURTHER ORDERED that Licensee's liquor license (including all permits) License No. CC-4188 be suspended for a period of fifteen days BEGINNING at 7:00 a.m. on Monday, September 27, 2010 and ENDING at 7:00 a.m. on Tuesday, October 12, 2010. Licensee is directed on September 27, 2010 at 7:00 a.m. to place the enclosed placard of notice of suspension (identified as Form No. PLCB-1925 and as printed with red and black ink) in a conspicuous place on the outside of the licensed premises or in a window plainly visible from outside the licensed premises and to remove said license from the wall and place it in a secure location. Licensee is advised if replacement placards are needed for any reason they are available at all Pennsylvania Liquor Stores/Wine & Spirits Shoppes. The Bureau is directed to visit and monitor the aforementioned licensed premises for compliance with this Order. Licensee is authorized on October 12, 2010 at 7:00 a.m. to remove the placard of suspension and return his license to its original wall location. Jurisdiction is retained pending final resolution of the penalty in this matter. i?- Dated this Vday of August, 2010. Daniel T. Flaherty, Jr., J. an AMERICAN LEGION HOME ASSN. POST NO. 101 CITATION NO. 10-1327 PAGE 6 MOTIONS FOR RECONSIDERATION CANNOT BE ACTED UPON UNLESS THEY ARE IN WRITING AND RECEIVED BY THE OFFICE OF ADMINISTRATIVE LAW JUDGE WITHIN 15 DAYS AFTER THE MAILING DATE OF THIS ORDER, ACCOMPANIED BY A $25.00 FILING FEE. Detach Here and Return Stub with Payment ---------------------------------------- ----------------------------------------------------------------------- The fine must be paid by Cashier's Check, Certified Check or Money Order. Personal and business checks are not acceptable unless bank certified. Make guaranteed check payable to the Commonwealth of Pennsylvania and mail to: PLCB-Office of Administrative Law Judge Brandywine Plaza 2221 Paxton Church Road Harrisburg PA 17110-9661 Citation No. 10-1327 American Legion Home Assn. Post No. 101 • Pennsylvania OFFICE OF Report No CRE-000176 Liquor Control Board ADMINISTRATIVE LAW JUDGE Current 10/1812010 3:40:24PM DOCKET ENTRIES Page 1 of 1 Run By (dawjohnson) DOCKET NO. 2010-1327 LID - 3614 AMERICAN LEGION HALL ASSN POST NO 101 142-146 N HANOVER ST CARLISLE PA 17013-2410 7/1/2010 DATE OF CITATION 7/2/2010 DATE OF CITATION RECEIVED BY ALJ 7/2/2010 AVERMENTS: 1. FAILED TO MAINTAIN COMPLETE AND TRUTHFUL RECORDS COVERING THE OPERATION OF THE LICENSED BUSINESS FOR A PERIOD OF TWO (2) YEARS IMMEDIATLEY PRECEDING MAY 5, 2010, CONCERNING THE LOCAL OPTION SMALL GAMES OF CHANCE ACT, IN VIOLATION OF SECTIONS 471 AND 493(12) OF THE LIQUOR CODE, 47 P.S. SECTIONS 4-471 AND 4-493(12), SECTION 311 OF THE LOCAL OPTION SMALL GAMES OF CHANCE ACT, 10 P.S. SECTION 311 AND SECTION 901 OF THE DEPARTMENT OF REVENUE REGULATIONS, 61 PA. CODE SECTION 901. 2. DURING THE PERIODS JULY 25 THROUGH 31, AUGUST 1 THROUGH 7, OCTOBER 10 THROUGH 16, NOVEMBER 21 THROUGH 27, NOVEMBER 28 THROUGH DECEMBER 4, DECEMBER 5 THROUGH 11, 2009 AND FEBRUARY 27 THROUGH MARCH 5, 2010, OFFERED AND/OR AWARDED MORE THAN $5,000.00 IN CASH OR MERCHANDISE IN ANY SEVEN-DAY PERIOD, IN VIOLATIONS OF SECTION 471 OF THE LIQUOR CODE, 47 P.S. SECTION 4-471 AND SECTION 315(8) OF THE LOCAL OPTION SMALL GAMES OF CHANCE ACT, 10 P.S. SECTION 315(B). 3. FALSIFIED RECORDS COVERING THE OPERATION OF THE LICENSED BUSINESS BETWEEN FEBRUARY 5 AND MAY 5, 2010, IN VIOLATION OF SECTION 493(12) OF THE LIQUOR CODE, 47 P.S. SECTION 4- 493(12). /DJ 7/9/2010 WAIVER RECEIVED BY ALJ 9/3/2010 OPINION AND ADJUDICATION FINE OF $3000 DUE 9/23/2010 AND SUSPENSION OF 15 DAYS EFFECTIVE 9/27/2010 AND ENDING 10/12/2010 9/8/2010 FULL PAYMENT OF $3000 FINE 9/24/2010 APPEAL FILED TO BOARD BY LICENSEE r glib-1110 AV4 COMMCNWF.ALTHOFPENNSYLVANIA , PENNSYLVANIA LKYJOACONTROLSOARD t APPEAL OF ADMINISTRATIVE LAW JUDGE ADJUDICATION *', OFFICE OF CHIEF COUNSEL ONL (('""?'INSTRUCTIONS 1. Remit'C35 fee payab?e to 'PA Liquor Control Board" along with the original of this fully completed Appeal form. 2. Type or pn-nr-inr-94we41ack ink all information except signatures. 3. Attach copy of the Opinion and Adjudication of the Administrative Law Judge (ALJ) that is the subject of the Appeal, 4. Appeal must be filed or postmarked within 30 calendar days of the mailing date of the ALJ's Opinion and Adjudication; untimely filed Appeals will be dismissed. 5• Send Appeal to_ Pennsylvania Liquor Control Board, ATTN: Office of Chief Counsei, A0peakq*, Room 401, Capitol and Boas Streets, Northwest Office Building, Harrisburg, PA 17124-0001. 6. Complete the following (as it appears on the AU's Opinion and PLCe TRADE CC-4188 ! 10-1327 ADDRESS OF PREMISES (STAEET, AURAL ROUTE, P.O. 80X No.) (POST OFF)CE) (STATE) ?P) 142-146 N. Hanover Street, Carlisle, PA 17013-2410 NAME OF Carlisle Borough Cumberland _ I ms Appeal win oe considered solely on the record made before the Administrative Law Judge. In numbered paragraphs, specify how the Administrative Law Judge committed an error of-law or abused his/her discretion or how his/her decision was not based on substantial evidence, - (Attach additional sheets if necessary,) The Administrative Law Judge committed an error in law in that the Liquor Control Enforcement Bureau does not have initial authority to investigate or cite for alleged violations of the Local Option Small Games of Chance (10 P.S. §315(b)). 2. The Administrative Law Judge erred in penalizing the Licensee as it relates to alleged violation of the Local Option Small Games of Chance in that investigatory 1" -0 authority with the- Department of Revenue, and enforcement lies with law o+ enforcement officials under that Act which do not include by definition, members y m of the Liquor Control Enforcement Bureau. ...v ?--? N °" w. 3? w The Administrative Law Judge erred in that the regulation of the maintaining of cc C records for the Local Option Small Games of Chance are administered by and c3 u enforced by the Department of Revenue, not the Liquor Control Enforcement Cl> . Bureau. 4. The Liquor Control Enforcement Bureau does not have initial authority to enforce the Local Option Small Games of Chance, and does not have authority to request 'records from a liquor licensee without reasonable basis to conclude prior to the ,/request that a violation of the Local Option Small Games of Chance has occurred. DATE ?`?? /- 2- PLCB-1039 11;90 PENNSYLVANIA LIQUOR CONTROL BOARD Harrisburg, Pennsylvania 17124.0001 IN THE PUBLIC INTEREST September 24, 2010 Thomas Ballaron, Esquire PENNSYLVANIA STATE POLICE Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, PA 17110 RE: American Legion Hall Assn. Post No. 101 142-146 N. Hanover St. Carlisle, PA 17013-2410 Citation No. 10-1327 Dear Mr. Ballaron: Telephone: 717-783-9454 FAX: 717-787-8820 Enclosed please find a copy of an Appeal filed on September 24, 2010, by Licensee. The Board and its staff are reviewing the file in an effort to determine whether the decision of the Administrative Law Judge was supported by substantial evidence. When the Board has decided this appeal, you will be sent a copy of its decision. If you wish to respond to the matters raised by the appeal, please feel free to do so within fifteen (15) days from the date of this letter. No response is necessary; however, if you file a timely response, the Board will consider it prior to making its decision on the appeal at a formal open meeting of the Board. Very truly yours, &&v5. -DIek-FAITH S. DIEHL Chief Counsel Enclosure cc: Connie Yarrish, BLCE, Chief Counsel Office State Police Commander, District Office #3 Report Examining Unit, State Police Office of Administrative Law Judge Mancke, Wagner & Spreha American Legion Hall Assn. Post No. 101 AN EQUAL OPPORTUNITY EMPLOYER PROCEEDS BENEFIT ALL PENNSYLVANIANS Sep. 30. - 2010 11:12AM P BG LCE LEGAL COMMONWEALTH OF PENNSYLVANIA GOVERNOR'S OFFICE OF GENERAL COUNSEL September 30, 2010 Sent by Facsimile and First Class Mail Faith Diehl, Esq. PLCB, Office of Chief Counsel Appeal Unit, loom 403 Capitol and Boas Streets Northwest Office Building Harrisburg, FA 17124-0001 RE. P.S.P., Bureau of Liquor Control Enforcement vs. all Assn. Post No. 101 Citation No. 101327; (Response to Licensee's Appeal) Dear Ms. Diehl: No. 1634 P. 2 This response to the Club's appeal is filed pursuant to the authority found in 40 Pa.Code § 17.21(bx5) which provides the Appellee fifteen (15) days to file a response from the mailing date of the Board's notice that an appeal has been filed. Only a brief response is necessary. The Club was charged with three (3) counts of violating the Liquor Code: The first count was based upon the Club's obligation under the Liquor Code to keep and maintain business records relating to its operation, specifically those records required by the Local Option Small Games of Chance Act (LOSGCA), 10 P.S. § 311, The second count alleged that over a period of seven weeks the Club exceeded the $5,000 pet week limit on "payouts" mandated by the LOSCCA. The third count alleged that the Licensee falsified its records during the audit period to conceal the extent of its unlawful sale of small games of chance. OFFICE OF CHIEF COUNSEL I PENNSYLVANIA STATE POLICE BUREAU OF LIQUOR CONTROL ENFORCEMENT ?!'rrrlg V8r11S 3655 VARTAN WAY I HARRISBURG, PA 17110 Ph; 717-540-7414 Fx: 717-540-7461 l www.osp.state.pa.us State Police Se-p. 30., 20 10 11;12AM PolBG LCE LEGAL Faith Diehl, Esq. PLCB,. Office of Chief Counsel American Uglon all Assn. Post No. 101 Citation No, 10-1327; (Response to Licensee Is Appeal) Page 2 September 30, 2010 10, No. 1634 P. 3 4 The Club filed an "Admission, Waiver and Authorization" form' upon which the ALJ issued an adjudication (Mailing Date: September 3, 2010) imposing a $1,000 fine and five (5) day suspension for Count 1; a $1,000 fine for Count 2; and a $1,000 fine and a 10 day suspension for Count 3. The Club subsequently filed a timely appeal to this Honorable Board and set forth four (4) specifications of error, each of which essentially challenged the authority of the Bureau to investigate, and the subject matter jurisdiction of the ALJ to adjudicate, the allegations found in Counts 1 and 2 involving an intersection between the Liquor Code and the LOSGCA. It is well accepted that subject matter jurisdiction may be raised at any stage of the proceeding by either party or the Court, Alexander v. DOT Bureau of Driver Licensing, $80 A.2d 552 (Pa. 2005). Resolution of the legal issue involving the authority of the Bureau and the subject matter jurisdiction of the ALJ with respect to issues involving the LOSGCA is governed by the Commonwealth Court's opinion in Pennsylvania State Pollee, Bureau of Liquor Control Enforcement Y. M"arrkbrrrg Knights of Columbus Horne Association, No. 2377 C.D. 2008 (2009 Pa. Commw. Lexis 1692). In this case, the Commonwealth Court carefully analyzed this issue and endorsed the application of the doctrine of "other sufficient cause shown" in citation actions implicating the LOSGCA. Knights of Columbus governs the disposition of the challenges raised by the Club with respect to Counts 1 and 2.2 However, Count 3 does not implicate the LOSGCA and is not included in the broad sweep of the Club's appeal, Because this case proceeded on the basis of the Club's waiver, and because the Club has failed to sot forth any basis upon which to contest Count 3, the Commonwealth requests this Honorable Board to quash the appeal with respect to Count 3 based on the doctrine enunciated in PSP v. Harvey Wilner, 687 A.2d 1216 (Pa.Cmwlth.1997) cuing with approval Pennsylvania Liquor Control Board v. Detrlici, 542 A.2d 229 (Pa,Cmwlth.1988). It is widely acknowledged that the Waiver (1) acknowledges receipt of the citation; (2) admits to the violations set forth in the citation; (3) waives its right to a trial before the Administrative Law Judge (ALJ); (4) authorizes the ALJ to enter an adjudication based upon the summary of the facts provided by the $ureau and upon the Licensee's prior record; (5) acknowledges that the possible penalty includes a fine ranging from $50 to $1,000 and/or suspension or revocation; and (6) waives any right to file an appeal. s It must necessarily follow that the waiver precludes the Club from challenging the substance of the violation. Inner, supra. SeP.30. 2010 11:13AM Pj BG LCE LEGAL Faith Diehl, Esq, PLCB, Office of Chief Counsel American Legion Hall Assn. Post No. 101 Citation No. 10-1327; (Response to Licensee's Appear Page 3 September 30, 2010 No. 1634 P. 4 For the reasons set forth above, the Commonwealth respectfully requests this Honorable Board to dismiss the within appeal and affirm the decision of the Administrative Law Judge, resetting the dates of suspension accordingly, Sincerely, Thomas M. Ballaron Assistant Counsel cc: P. Richard Wagner, Esq. Office of Administrative Law Judge District Enforcement Office No. 3 Commander Report Examination Unit Supervisor NOTICE OF RIGHT TO APPEAL In the event the Bureau of Liquor Control Enforcement or the licensee shall feel aggrieved by the decision of the Board, there shall be a right to appeal to the Court of Common Pleas in the same manner provided by the Liquor Code for appeals from refusals to grant licenses. Section 471 of the Liquor Code, which sets forth the provisions for appeal from refusal to grant licenses, permits an appeal within thirty (30) days of the Mailing Date of the Board's decision to the Court of Common Pleas of the county in which the premises is located. If you file a timely appeal to the Common Pleas Court, you may be entitled automatically to a supersedeas (or stay) of. the Order of suspension, revocation or fine which has been issued in connection with your case. If the appeal to Common Pleas Court would not operate as an automatic supersedeas, you may appeal to the Court for a stay. Section 471 of the Liquor Code sets forth the circumstances under which an appeal to the Court of Common. Pleas (as reviewing authority) shall not act as a supersedeas, for example: ..... if the license has been cited and found to have violated section 493(1) insofar as it relates to sales to minors or sales to a visibly intoxicated person, section 493(10) insofar as it relates to lewd, immoral or improper entertainment or section 493(14), (16) or (21), or has been found to be a public nuisance pursuant to section 611, or if the owner or operator of the licensed premises or any authorized agent of the owner or operator has been convicted of any violation of "The Controlled Substance, Drug, Device and Cosmetic Act," or of 18 Pa. C.S. §§ 5902 or 6301, at or relating to the licensed premises, its appeal shall not act as a supersedeas unless the reviewing authority determines otherwise upon sufficient cause shown ..... Notice of the Board's Order has been sent to the Bureau of Liquor Control Enforcement of the Pennsylvania State Police and the licensee. If a licensee files an appeal, it is the licensee's responsibility to make certain that the Bureau of Liquor Control Enforcement of the Pennsylvania State Police, 3655 Vartan Way, Harrisburg, PA 17110-9758; the Liquor Control Board, Office of Chief Counsel, 401 Northwest Office Building, Capital and Forster Streets, Harrisburg, PA 17124-0001 and the Office of Administrative Law Judge, Brandywine Plaza, 2221 Paxton Church Road, Harrisburg, Pa 17110-9661, receive notice of the filing of a timely appeal. • k Mailing Date: November 3, 2010 PENNSYLVANIA LIQUOR CONTROL BOARD HARRISBURG, PA 17124-0001 PENNSYLVANIA STATE POLICE, . Citation No. 10-1327 BUREAU OF LIQUOR CONTROL : ENFORCEMENT V. . AMERICAN LEGION HALL ASSN. License No. CC-4188 POST NO. 101 . 142-146 North Hanover Street LID 3614 Carlisle, PA 17013-2410 Counsel for Licensee: P. Richard Wagner, Esquire (on appeal) Mancke, Wagner 81 Spreha 2233 North Front Street Harrisburg, PA 17110 Counsel for Bureau: Thomas M. Ballaron, Esquire Pennsylvania State Police, Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, PA 17110 OPINION American Legion Hall Assn. Post No. 101 ("Licensee") appeals from the Adjudication and Order of Administrative Law, Judge Daniel T. Flaherty, Jr. ("ALI"), wherein the ALJ sustained Citation No. 10-1327, imposed a 1 0 fine in the amount of three thousand dollars ($3,000.00), and suspended the liquor license for a period of fifteen (15) days. The first count of the citation charged that for a two (2)-year period preceding May 5, 2010, Licensee, by its servants, agents or employees, violated sections 471 and 493(12) of the Liquor Code [47 P.S. §§ 4-471 and 4-493(12)], section 311 of the Local Option Small Games of Chance Act ("LOSGCA") [10 P.S. § 311 ], and section 901 of the Department of Revenue Regulations [61 Pa. Code § 901 ], in that Licensee failed to maintain complete and truthful records covering the operation of the licensed business. The second count of the citation charged that during the periods July 25 through July 31, August 1 through August 7, October 10 through October 16, November 21 through November 27, November 28 through December 4, December 5 through December 11, 2009, and February 27 through March 5, 2010, Licensee, by its servants, agents or employees, violated sections 471 of the Liquor Code [47 P.S. § 4-471] and section 315(b) of the LOSGCA [10 P.S. § 315(b)], by offering and/or awarding more than five thousand dollars ($5,000.00) in cash or merchandise in any seven (7)-day period. 2 The third count of the citation charged that during the period between February 5 and May 5, 2010, Licensee, by its servants, agents or employees, violated section 493(12) of the Liquor Code [47 P.S. § 4-493(12)], in that Licensee falsified records covering the operation of the licensed business. On July 9, 2010, Licensee submitted an Admission, Waiver and Authorization ("Waiver") to the Office of the Administrative Law judge ("OALJ"), in which Licensee admitted to the violation charged in the citation and, inter aiia, waived a right to appeal the adjudication. [Adjudication p. 2]. The Waiver was signed by David Bowermaster, Licensee's corporate officer, on July 2, 2010. The ALJ's Order and Adjudication was mailed on September 3, 2010. On September 24, 2010, P. Richard Wagner, Esquire, filed this appeal to the ALJ's Order and Adjudication on behalf of Licensee. There is no question that Licensee's right to appeal the substance of the violation and the penalty imposed were expressly waived. Pennsylvania State Police, Bureau of Liquor Control Enforcement v. Wilner, 687 A.2d 1216 (Pa. Cmwlth. 1997); Pennsylvania Liquor Control Bd. v. Dentici, 117 Pa. Cmwlth. 70, 542 A.2d 229 (1988). However, recognizing that subject matter jurisdiction cannot be waived and may be raised at any stage of the proceedings, the Board will consider Licensee's appeal to the extent it 3 addresses that issue. Alexander v. Pennsylvania Dept. of Transportation, 880 A.2d 552 (Pa. 2005). On appeal, Licensee contends that the Pennsylvania State Police, Bureau of Liquor Control Enforcement ("Bureau") lacks jurisdiction to investigate and impose penalties under section 471 for offenses not enumerated in the Liquor Code, such as those found in the LOSGCA. Thus, it argues the AL) lacked subject matter jurisdiction and committed an error of law by imposing penalties under the Liquor Code for LOSGCA offenses. Counts 1 and 2 involve violations of section 471 based upon underlying LOSGCA offenses; however, the third count, falsifying records, stands on its own as a violation of section 493(12) of the Liquor Code and is thus not addressed by Licensee's appeal. In response to Licensee's appeal regarding the Counts 1 and 2, the Bureau argues that resolution of this issue is governed by the Commonwealth Court's decision in Pennsylvania State Police, Bureau of Liquor Control Enforcement v. Harrisburg Knights of Columbus Home Association, 989 A.2d 39 (Pa. Cmwlth. 2009). The Board agrees that the Knights of Columbus case makes it clear that the Bureau is empowered to investigate and cite a licensee for violations of 4 gambling laws such as those found in the Crimes Code and the LOSGCA, under section 471 of the Liquor Code. [47 P.S. § 4-471(a)]. The Bureau has jurisdiction in matters involving the LOSGA since such would constitute "other sufficient cause shown" as set forth in section 471 of the Liquor Code, as acknowledged by the Commonwealth Court in Knights of Columbus and the Pennsylvania Supreme Court in Pennsylvania Liquor Control Bd. v. TLK 544 A.2d 931 (Pa. 1988). The courts have consistently held that violations of criminal laws other than the Liquor Code may constitute sufficient cause for the imposition of penalties, pursuant to section 471, when reasonably related to the sale and use of alcoholic beverages, including gambling. Knights of Columbus, 989 A.2d at 44. Proceeding on the terms of the Waiver, Licensee has no grounds for challenging Count 3. Furthermore, it is well. established that the Bureau had jurisdiction to issue the citation for Counts 1 and 2. Therefore, the AL) acted properly and was well within the parameters established by section 471 of the Liquor Code [47 P.S. § 4-471 ] in sustaining all three (3) counts of the citation and in the imposition of a fine and suspension. 5 ORDER The decision of the AL] is affirmed. The appeal of the Licensee is dismissed. The fine of three thousand dollars ($3,000.00) has been paid. This case is hereby remanded to the ALI for imposition of new dates for the fifteen (15)-day suspension. I ,z - e, Bo rd Secretary 6