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Home My WebLink About06-6379 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT v. : CIVIL ACTION NO. 01.. - t.- 3"'1 '? {! i u; L~~ : CITATION NO. 05-1806 VETS CANTEEN ASSN., 130 W. KING STREET SHIPPENSBURG, Pa 17257-1128 CUMBERLAND COUNTY : LID # 3820 : LICENSE NO. CC-511 0 LICENSE FIRST ISSUED: August 10, 1949 PETITION FOR REVIEW 1. Pursuant to Section 464 of the Liquor Code, any applicant who is aggrieved by a decision of the Pennsylvania Liquor Control Board to revoke or suspend a liquor license pursuant to S471 of the Code may appeal to the court of common pleas of the county in which the premises or permit applied for is located. 2. Vets Canteen Association ("Licensee") establishment is located at 130 W. King Street, Shippensburg, Cumberland County. 3. Licensee appeals the Opinion of the Bureau of Liquor Control Enforcement dated October 4,2006, attached as "Exhibit A", which affirmed the Administrative Law Judge's opinion dated August 15,2006, attached as "Exhibit B". 4. Licensee alleges that the Bureau erred in affirming the Administrative Law Judge's decision. Licensee alleges that the Administrative Law Judge committed an error of law, abused his discretion, or his decision was not based upon substantial evidence in that the violations charged were not willful and proceeds of the game were used to benefit charity. 5. Licensee contends that a fine is appropriate to punish and prevent recidivism. 6. Licensee contends that automatic supersedeas applies in this case pursuant to Section 471 (b) of the Code in that the nature of the misconduct, which is central to the citation, did not involve willful acts in violating the Local Options Small Games of Chance Act. 7. Licensee has demonstrated basis for appeal therefore there is sufficient cause upon which automatic supersedeas may be granted. 8. Petitioner thus requests review and asks that the license suspension be abrogated and replaced solely with a fine or other appropriate lesser punishment. WHEREFORE, Licensee asks that the Court review the Pennsylvania Liquor Control Board's decision and in doing so abrogate the license suspension and replace it solely with a fine or other appropriate lesser punishment. Respectfully Submitted, ROMINGER & WHARE Date: v." ~l I.' ~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Court Id No. 81924 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT : CIVIL ACTION NO. v. : CITATION NO. 05-1806 VETS CANTEEN ASSN., 130 W. KING STREET SHIPPENSBURG. Pa 17257-1128 CUMBERLAND COUNTY : LID # 3820 : LICENSE NO. CC-5110 LICENSE FIRST ISSUED: August 10, 1949 CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of this Petition/or Review upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Thomas M. Ballaron, Esquire Pennsylvania State Police Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, PAl 711 0 Dated: Respectfully submitted, ROMINGER & WHARE ~ . Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant . IDft. ailing Date: October 4, 2006 PENNSYLVANIA LIQUOR CONTROL BOARD HARRISBURG, PA 17124-0001 PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT Citation No. 05-1806 vs. VETS CANTEEN ASSOCIATION 1 30 West King Street Shippensburg, PA 17257-1128 License No. CC-511 0 Counsel for Licensee: Karl E. Rominger, Esquire Rominger & Whare 1 55 South Hanover Street Carlisle, PA 17013 Counsel for Bureau: Thomas M. Ballaron, Esquire PENNSYLVANIA STATE POLICE, Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, PA 17110 OPINION Vets Canteen Association ("Licensee") appealed from the Opinion and Order Upon Remand Order From The Pennsylvania Liquor Control Board ("Board") of Administrative Law Judge Felix Thau ("AL)"), wherein the AL), upon remand from the Board, re-imposed a penalty consisting of a fine Exhibit "A" in the amount of one thousand dollars ($1,000.00) and added a license suspension of ten (1 0) days. The citation contained two counts. The first count charged Licensee with violations of section 471 of the Liquor Code [47 P.S. ~ 4-471] and section 315(b) of the Local Option Small Games of Chance Act [10 P.S. ~ 315(b)], in that during the periods April 3 through 9, April 10 through 16, April 17 through 23, April 24 through 30, May 1 through 7, May 29 through June 4, June 5 through 11, June 12 through 18, June 19 through 25, June 26 through July 2, July 3 through 9, July 10 through 16, July 17 through 23 and July 24 through 30, 2005, Licensee, by its servants, agents or employees, offered and/or awarded more than five thousand dollars ($5,000.00) in cash or merchandise in any seven (7)-day period. The second count charged Licensee with violations of sections 471 and 493( 12) of the Liquor Code [47 P.S. ~~ 4-471, 4-493( 12)], 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 on May 13 and August 5, 2005, Licensee, by its servants, agents or employees, failed to maintain complete and truthful records 2 covering the operation of the licensed business for a period of two (2) years concerning the Local Option Small Games of Chance Act. In his original Adjudication and Order dated June 22, 2006, the AL] sustained both counts of the citation and imposed a penalty of a fine of one thousand dollars ($1,000.00). He stated that no suspension was being imposed because Licensee had "... voluntarily agreed to cease operating pursuant to its Small Games of Chance License for a period of 28 days, beginning August 1, 2006 and terminating close of business August 28, 2006...." [Page 4]. In Licensee's appeal to the ALl's June 22, 2006 decision, Licensee disputed that it had made such an agreement, and requested that it be permitted to only pay the fine. Neither the Notes of Testimony of the hearing before the AL] on May 16, 2006, nor the record reflects any agreement by Licensee to forego operations pursuant to its small games of chance license. By Opinion and Order of the Board mailed on August 2, 2006, remand of this matter was remanded to the AL] for imposition of penalties consistent with the record and the Board's Opinion. The ALl's Opinion and Order Upon Remand From The Pennsylvania Liquor Control Board, mailed 3 on August 15, 2006, re-imposed the penalty of a fine of one thousand dollars ($1,000.00) and added a license suspension of ten (10) days. In its current appeal, filed timely on September 11, 2006, Licensee alleged that the violations were not willful, and the proceeds of the games were used for charity. Licensee also opined that a fine is sufficient to punish licensee and prevent recidivism. Pursuant to section 471 of the Liquor Code [47 P.S. ~ 4-471], the appeal in this case must be based solely on the record before the At J. The Board shall only reverse the decision of the At J if the At J committed an error of law or abused his discretion, or if his decision was not based upon substantial evidence. The Commonwealth Court has defined /I substantial evidence" to be such relevant evidence as a reasonable person might accept as adequate to support a conclusion. Joy Global, Inc. v. Workers' Compensation Appeal Bd. (Hogue), 876 A.2d 1098 (Pa. Cmwlth. 2005); Chapman v. Pennsylvania Bd. of Probation and Parole, 86 Pa. Cmwlth. 49, 484 A.2d 413 (1984). The record in this matter reflects that counsel for the Pennsylvania State Police, Bureau of Liquor Control Enforcement (/IBureau") recommended a 4 penalty consisting of a fine of one thousand five hundred dollars ($1,500.00), and a five (5)-day suspension of the license. (N.T. 23-24).1 The merits of the Bureau's charges against Licensee will not be addressed in this appeal as the appeal is only from the new penalty imposed by the AL] in his August 15, 2006 decision. The imposition of penalties is the exclusive prerogative of the AL]. The Board may not disturb penalties imposed by the AL] if they are within the parameters set forth in the Liguor Code. Section 471 (b) of the Liquor Code [47 P.S. ~ 4-471 (b)] provides that the AL] shall "immediately suspend or revoke the license, or impose a fine of not less than fifty dollars ($ 50) nor more than one thousand dollars ($1,000), or both" for offenses of the type set forth in this citation. Because the penalty set forth by the AL] is clearly permissible and within the scope of section 471, the Board has no authority to alter it. Therefore, the decision of the AL] is affirmed. I Licensee previously had been adjudicated responsible for gambling violations similar to those in the instant citation. In Citation No. 04-2066, Licensee was assessed a penalty of nine hundred dollars ($900.00) for (1) failure to maintain complete and truthful records for a period of two (2) years concerning the Local Option Small Games of Chance Act on November 10, 2004; (2) offering and/or awarding more than five thousand dollars ($5,000.00) in cash or merchandise in any seven (7)-day period from October 31 through November 6, 2004, and (3) offering and/or giving alcoholic beverages as a prize on October 6, 2004. 5 ORDER The decision of the ALJ is affirmed. The appeal of Licensee is dismissed. Licensee has paid the fine in the amount of one thousand dollars ($1,000.00). It is hereby ordered that Licensee's Catering Club Liquor License No. CC-5110 be suspended for a period of ten (10) days beginning at 7:00 a.m. on Friday, November 1 7, 2006 and ending at 7:00 a.m. on Monday, November 27, 2006. Licensee is directed on Friday, November 17, 2006 at 7:00 a.m. to place a Notice of Suspension placard (Form No. PLCB-1925) 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 its license from the wall and place it in a secure location. Licensee is authorized on Monday, November 27, 2006 at 7:00 a.m. to remove the suspension placard and return its license to its original wall location. Licensee must comply with all other terms and conditions of the ALl's August 14, 2006 Order. ~)(~ , Board Secr~tary 2 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. ')'-, II,;:') i I lltC',... v: '-{ ui ~ I;' ,II! I:)i) i ()! I "i l,d >-/,; '- Irill'v ,.. U ,1_, :/,/ /./ .(" rORl' ilie--!!! /(~ ,,' (J:-- , 1/", /II!;r A., I..) [/'1 ^ f", -:) i'" ,R,'~i""- I UIt;:'Yf(l,. 'Jilt; /..!!''il/;..",/!iJ. (fIr',''''! ~.. V'ij /J~.'" '., :- C': ',:./11 Ii / C' (;'" ,,-, , '.:S,(./, JhJ!;'. J/I/\" "zry/. ljfq()~:t';Y~~!j/i~/ Mailing Date: AUG 1 5 2006 C_:J C~ \-/"Jr, . v.l . COMMONWEALTH OF PENNSYL VANIA OFFICE OF ADMINISTRATIVE LAW JUDGE FOR PENNSYLVANIA LIQUOR CONTROL BOARD PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT Citation No. 05-1806 Incident No. W03-307363 v. LID - 3820 VETS CANTEEN ASSN. 130 W. KING ST. SHIPPENSBURG,-PA 17257-1128 CUMBERLAND COUNTY LICENSE NO. CC-511 0 OPINION AND ORDER UPON REMAND ORDER FROM THE PENNSYLVANIA LIQUOR CONTROL BOARD Opinion: I entered an Order on June 22, 2006, imposing a $1,000.00 fine. On July 19, 2006, Licensee filed an appeal to the Pennsylvania Liquor Control Board. On August 2, 2006, the Pennsylvania Liquor Control Board ordered that jurisdiction in this matter is remanded to the Office of Administrative Law Judge for review and administration of the ordered penalties and for any further administration and to ensure compliance with the Order. Accordingly, I impose a $1,000.00 fine and a ten days suspension. Exhibit "B" VETS CANTEEN ASSOCIA nON Citation No. 05-1806 PAGE 2 ORDER: Reimposition of Fine THEREFORE, it is hereby ordered that Licensee pay a fine of $1,000.00 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. The fine must be paid by Treasurer's Check, Cashier's Check, Certified Check or Money Order- Personal checks, which include business-use personal checks, are not acceptable. Please make your guaranteed check payable to the Commonwealth of Pennsylvania and mail to: PLCB - Office of Administrative Law Judge Brandywine Plaza 2221 Paxton Church Road Harrisburg, Pennsylvania 17110-9661 Imposition of Suspension IT IS FURTHER ORDERED that the Catering Club liquor license of Vets Canteen Association, License No. CC-511 0, be suspended for a period of ten days, BEGINNING at 7:00 a.m., on Friday, October 6,2006, and ENDING at 7:00 a.m., on Monday, October 16, 2006. Licensee is directed, on Friday, October 6,2006, at 7:00 a.m., to place a 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, ifreplacement 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 Monday, October 16,2006, at 7:00 a.m., to remove the placard of suspension and return its license to its original wall location. . VETS CANTEEN ASSOCIATION Citation No. 05-1806 Retaining Jurisdiction PAGE 3 Jurisdiction is retained to ensure compliance with this Adjudication. ,,/1- Dated this ~ day of August, 2006. pm ~"i' -~' ," ---;l I' I t/.,,-I!3/ ~~au~~~~'-/ 0 ,- '::.."':";; ~ ~ -:: :- -r n' ~ i 0 .- ~,,~~~ ~ ~ -- ...0 ""\:) ~ ~ --t ~ ~ ~ ........... ............. ~ 0 \,':::~ -n (,~,'''''' ..-4 -'* :;, -:D (;:: (, 'r-- ;'~;~ :._;!\.\~ -:: -1;-- ~.o (,..) :...::. :'2 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT CIVIL ACTION NO. 06-6379 CIVIL TERM VS. CITATION NO. 05-1806 VETS CANTEEN ASSN. 130 W. KING STREET SHIPPENSBURG, PA 17257-1128 CUMBERLAND COUNTY LID #3820 LICENSE NO. CC-511 0 LICENSE FIREST ISSUED: August 10,1949 RESPONSE TO LICENSEE'S PETITION FOR REVIEW AND REQUEST TO VACATE AUTOMATIC SUPERSEDEAS 1. Licensee's appeal which was filed in a timely manner states in pertinent part that the "Administrative Law Judge committed an error of law, abused his discretion or his decisio was not based on substantial evidence in that the violations charged were not willful and proce ds to the game were used to benefit charity" (Licensee's Petition for Review,-r 4). 2. Licensee fails to provide argument, references to the record or case law support for t is contention. Moreover, Licensee lost its opportunity to challenge the issues of "substantial evidence" and "error of law" by not pursuing these issues in its first appeal filed with the Pennsylvania Liquor Control Board on July 19, 2006. Having failed to preserve these issu s for review, the Licensee is unable to raise these issues before this Honorable Court. 3. The only issue available for the Licensee to raise in the current appeal to this Honora Ie Court is whether the ALJ abused its discretion imposing a fine and suspension in response . the Licensee's conduct. ~, 4. As noted by the Pennsylvania Liquor Control Board, it is evident that the 10-day suspension is well within the authority ofthe ALJ to impose and there is no evidence that he ALJ abused its discretion in any manner in imposing the sanction. 5. The Pennsylvania Supreme Court has set forth a three-part test to determine whethe a court has abused its discretion: (1) is the judgment of the Court contrary to the governing aw; illustrated by the evidence of record. Hainsey v. Commonwealth, Pennsylvania Liquor (2) is the judgment ofthe Court manifestly unreasonable as demonstrated by the evidence record; (3) is the judgment of the Court the result of partiality, prejudice, bias or ill-will as Board, 602 A.2d 1300 (Pa. 1992) citing Kelly v. County of Allegheny, 546 A.2d 608 (Pa. 988). Also see Pennsylvania State Police, BLCE v. Liberty Society of Erie, 623 A.2d 391 (Pa.Cmwlth. 1993). WHEREFORE, the Commonwealth respectfully requests that this Honorable Court t dismiss Licensee's Appeal. REQUEST TO VACATE AUTOMATIC SUPERSEDEAS: 6. The Licensee is entitled to an automatic supersedeas pursuant to ~ 4-4 71 (b) of the Pennsylvania Liquor Code, 47 P.S. S 4-471(b). 7. The nature of the misconduct which is central to this Citation involved the actions oft e statutory limit on the amount of cash or merchandise which may be awarded in any seven (7 Licensee in violating the Local Options Small Games of Chance law by exceeding the $5,00 period. Specifically, during the 14 week period for which the Licensee was charged, the Licensee paid out the following: );> April 3 though 9,2005, the licensee paid out $48,280; );> During the week of April 10-16, 2005, they paid out $39,785; );> During the week of April 17-23, 2005 they paid out $43,970; ... ~ During the week of April 24-30, 2005, they paid out $47,480; ~ During the week of May 1-7,2005, they paid out $40,500; ~ May 29 -June 4, 2005, the licensee paid out $43,090; ~ During the week of June 5 -11, 2005, they paid out $40,260; ~ During the week of June 12-18,2005, they paid out $32,600; ~ During the week of June 19-25,2005, they paid out $42,110; ~ During the week of June 26-July 2, 2005, they paid out $45,950; ~ During the week of July 3-9,2005, they paid out $48,320; ~ During the week of July 10-16,2005 they paid out $39,450; ~ During the week of July 17-23, 2005 they paid out $45,960; and ~ During the week of July 24-30, 2005, they paid out $38,250. 8. Because the Licensee has demonstrated absolutely no basis for appeal, there is "suffi ient cause" upon which this Court may vacate the automatic supersedeas. To fail to do so unde these , circumstances would be to encourage frivolous appeals by the licensee community. WHEREFORE, the Commonwealth respectfully requests that this Honorable Court t vacate Licensee's automatic supersedeas. Respectfully submitted, PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMEN By: homas M. Ball on Assistant Counsel 3655 Vartan Way Harrisburg, PA 17110 (717) 540-7414 Attorney 1.0. #23370 TMB:cd cc: Karl E. Rominger, Esquire District Enforcement Office No.3 Commander Office of Administrative Law Judge Report Examination Unit Supervisor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT CIVIL ACTION NO. 06-6379 CIVIL TERM VS. CITATION NO. 05-1806 VETS CANTEEN ASSN. 130 W. KING STREET SHIPPENSBURG, PA 17257-1128 CUMBERLAND COUNTY LID #3820 LICENSE NO. CC-5110 LICENSE FIREST ISSUED: August 10, 1949 PROOF OF SERVICE I hereby certify that I am this day serving a true and correct copy of the Bureau' Response To Licensee's Petition For Review and Request To Vacate Automatic Supersedea , upon the person and in the manner indicated below: Service bv first class mail addressed as follows: Karl E. Rominger, Esq. Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 (717) 241-6878 FAX law@romingerlaw.com www.romingerlaw.com Dated: //iyk , , THO'2M(:R~ Assistant Counsel Pennsylvania State Police Bureau of Liquor Control Enforcement "-> = c::.;.J c.::r"" -.'''"- w c..J c' . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6379 CIVIL TERM VETS CANTEEN ASSN., Appellant VS. PENNSYLVANIA ST ATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT, Appellee "CERTIFICATION OF OFFICIAL RECORD" Appeal from the Order of the Pennsylvania Liquor Control Board, No. 05-1806 Entered on October 4, 2006 I , I ~ ~ ~ i I i I ~ I I ~ ! ,j THOMAS M. BALLARON Assistant Counsel Pennsylvania State Police 3655 Vartan Way Harrisburg, PA 17110 (717) 540-7411 Attorney tD. #23370 PLCB.1039 11190 . . PENNSYLVANIA LIQUOR CONTROL BOARD Harrisburg, Pennsylvania 17124-0001 IN 'IRE PUBliC INTEREST November 13,2006 Telephone: (717) 783-9454 FAX: (717) 787-8820 Connie L. Davis, LA2 PENNSYLVANIA STATE POLICE Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, P A 17110 RE: Vets Canteen Assn. 130 W. King Street Shippensburg,PA 17257-1128 Citation No. 05-1806 Dear Ms. Davis: In accordance with your request, enclosed please find the original and one copy of the Certification of Official Records in the above-captioned matter. If additional information is required, please feel free to contact me. Very truly yours, f ~~ Arletha B. Harris Hearing Clerk Enclosures AN EQUAL OPPORTUNITY EMPWYER PROCEEDS BENEFIT ALL PENNSYLVANIANS . . PENNSYLVANIA LIQUOR CONTROL BOARD ATTESTATION/CERTIFICATION OF OFFICIAL RECORDS TO: Connie L. Davis, Legal Assistant 2 PENNSYLVANIA STATE POLICE Bureau of Liquor Control Enforcement ATTESTATION I HEREBY ATIEST 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 issued July 21, 2006 in the name of: Citation No. 05-1806, issued in the name of: VETS CANTEEN ASSN. 130 W. King Street Shippensburg, P A 17257-1128 and Citation Hearing Notice mailed to VETS CANTEEN ASSN. on March 29,2006 by Certified mail, return receipt requested. and Return Receipt Card signed by April Caratozzola on March 30, 2006. and CERTIFICATION O.CORDS Citation No. 05-1806 Page 2 . Admission, Waiver, and Authorization Form signed by H. Anthony Adams, Licensee's Attorney, and received on November 17, 2005. and Letter mailed to H. Anthony Adams, Esquire from Office of Administrative Law Judge refusing Admission and Authorization Waiver on November 22,2005. and Testimony taken before the Office of Administrative Law Judge on May 16, 2006 at Citation No. 05-1806, issued to VETS CANTEEN ASSN. and Opinion issued by the Office of Administrative Law Judge on June 22, 2006. and Pennsylvania Liquor Control Board, Office of Administrative Law Judge citation docket. and Appeal of Administrative Law Judge Adjudication filed with Pennsylvania Liquor Control Board by Licensee's Attorney, Karl E. Rominger, dated July 19,2006. and Notification Letter dated July 20, 2006 from Pennsylvania Liquor Control Board Chief Counsel to counsel for the Pennsylvania State Police, Bureau of Liquor Control Enforcement. and CERTIFICATION OF.CORDS Citation No. 05-1806 Page 3 . Bureau's Response to Licensee's Appeal filed by Thomas Ballaron, Assistant Counsel, BLCE received on July 21, 2006. and Opinion and Order of the Pennsylvania Liquor Control Board issued on August 2, 2006 remanding the matter to ALJ. and Attestation from the Pennsylvania Liquor Control Board, Office of Administrative Law Judge issued September 13,2006 in the name of: Citation No. 05-1806, issued in the name of: VETS CANTEEN ASSN. 130 W. King Street Shippensburg,PA 17257-1128 and Opinion and Order Upon Remand Order from the Pennsylvania Liquor Control Board dated August 15,2006. and Appeal of Administrative Law Judge Adjudication and Application for Supersedeas filed with Pennsylvania Liquor Control Board by Licensee's Attorney, Karl E. Rominger, dated September 11,2006. and Notification Letter dated September 12, 2006 from Pennsylvania Liquor Control Board Chief Counsel to counsel for the Pennsylvania State Police, Bureau of Liquor Control Enforcement. CERTIFICATION O.CORDS Citation No. 05-1806 Page 4 . and Bureau's Response to Licensee's Appeal filed by Thomas Ballaron, Assistant Counsel, BLCE received on September 18,2006. and Opinion and Order of the Pennsylvania Liquor Control Board issued on October 4, 2006. Date: November 13,2006 ~~ LEGAL CUSTODIAN or DEPUTY CUSTODIAN . . 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: November 13, 2006 ~)(~ BOARD SECRETARY LIQUOR CONTROL BOARD ..-\. .' PENN~ftVANIA LIQUOR CONTROL BOk..lD OFFICE OF ADMINISTRATIVE LAW JUDGE ATTESTATION/CERTIFICATION OF OFFICIAL RECORDS ATTESTATION o ""'" ""'" n ('1"1 o ." ~ - r;; -0 "" ::x: o o N c:: - ~ ()1 n 0 ('" o ~ c....- c: .- N &" ::0 -om "('") r-fTl C") - " ..c:::. COfTl '0 TO: CHIEF COUNSEL 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 is a true and correct copy. Citation No. 05-1806, issued in the name of: VETS CANTEEN ASSN. 130 W. KING ST. SHIPPENSBURG, PA 17257-1128 and Citation Hearing Notice mailed to VETS CANTEEN ASSN. on March 29, 2006 by Certified mail, return receipt requested. and Return Receipt Card.signed by April Caratozzola on March 30, 2006. and Admission, Waiver, and Authorization Form signed by H. Anthony Adams, Licensee's Attorney, and received on November 17, 2005. and Letter mailed to H. Anthony Adams, Esquire from Office of Administrative Law Judge refusing Admission and Authorization Waiver on November 22, 2005. and Testimony taken before the Office of Administrative Law Judge on May 16, 2006 at Citation No.05-1806, issued to VETS CANTEEN ASSN. and Opinion issued by the Office of Administrative Law Judge on June 22, 2006. .-\ J CERTIFICATION OF RE1..0RDS Citation No. 05-1806 Page 2 .> and Pennsylvania Liquor Control Board, Office of Administrative Law Judge citation docket. Date: July 21, 2006 Gloria M. Spidle 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: July 21, 2006 .-c , . COMMO!\TWEAL TH OF PENNSYLVANIA PENNSYLVANIA STATE POLICE BUREAU OF LIQUOR CONTROL ENFORCEl\1ENT CITATION NO. 05-1806 Incident No. W03-307363 v. VETS CANTEEN ASSN. 130 W. KING ST. SHIPPENSBURG, PA 17257-1128 CUl\1BERLAl\TD COUNTY LID - 3820 License No. CC-5110 License First Issued: August 10, 1949 ,.." <::::I <::::I c.n ?J en fTl ~ () o CITATION UI 0 -0 > -- -"'" I , WHEREAS, the Pennsylvania Liquor Control Board has issued to you the above-~erenced <::) license and related permit(s) for the licensed term ending January 31, 2006; 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. 91-101, et ~, and the rules and regulations adopted pursuant thereto, in the following manner: 1. During the periods April 3 through 9, April 10 through 16, April 17 through 23, April 24 through 30, May 1 through 7, May 29 through June 4, June 5 through 11, June 12 through 18, June 19 through 25, June 26 through July 2, July 3 through 9, July 10 through 16, July 17 through 23 and July 24 through 30, 2005, 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 . . Vets Canteen ASSl1. Citation No. 05-1806 Page 2 Liquor Code, 47 P. S. ~4-4 71 and Section 315 (b) of the Local Option Small Games of Chance Act, 10 P.S. s315(b). 2. On May 13 and August 5, 2005, 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 concerning the Local Option Small Games of Chance Act, in violation of Sections 471 and 493(12) of the Liquor Code, 47 P.S. 994-471 and 4-493(12), Section 311 of the Local Option Small Games of Chance Act, 10 P.S. S311 and Section 901 of the Department of Revenue Regulations, 61 Pa. Code 9901. 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. 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. . . Vets Canteen Assn. Citation No. 05-1806 Page 3 BY ORDER Bureau of Liquor Control Enforcement .~ )/. INvJ~ i,,1 MAJOR LEONARD H. MCDONALD Director Date: September 15, 2005 Thomas M. Ballaron, Assistant Counsel Pennsylvania State Police Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, PA 17110 Telephone: (717) 540-7411 lt~,i? . . COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA LIQUOR CONTROL BOARD OFFICE OF ADMINISTRATIVE LAW JUDGE BRANDYWINE PLAZA 2221 PAXTON CHURCH ROAD HARRISBURG, PA 17110-9661 TEL (717)540-7419/FAX (717)657-4032 March 29, 2006 VETS CANTEEN ASSN. 130 W KING ST SHIPPENSBURG PA 17257-1128 CITATION HEARING NOTICE RE: Case No(s). 05-1806 LID 3820 Dear Licensee: The hearing on the above citation case(s) to show cause why the license issued to you by the Pennsylvania Liquor Control Board should not be suspended or revoked, or a fine imposed, or both has been scheduled for the time and place hereinafter set forth before Judge THAU. DELAY IN OBTAINING LEGAL COUNSEL IS NOT REASON FOR CONTINUANCE. DATE & TIME OF HEARING: May 16, 2006 at 11:30 AM PLACE OF HEARING: Brandywine Plaza 2221 Paxton Church Road Harrisburg PA 17110-9661 Very truly yours, R. /n? ~ ("'~,4> ,,//~ EILEEN S. MAUNUS Chief Administrative Law Judge CERTIFIED MAIL - Return Receipt Requested FIRST CLASS MAIL H ANTHONY ADAMS ESQ 49 W ORANGE ST STE 3 SHIPPENSBURG PA 17257 cc: Administrative Law Judge PSP Counsel Reporting Agency File . " j r .. SENDER: COMPLETE THIS SECTION . Compl.ete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we ~n return the card to you. . Attach this card to the.back of the mailplece, or on the front if space 'permits. dto: } lJ (30 I I I i I I~' I ( : v v. '\;)1-.... : 2. ArtIcle Number ; (rransfer from servfce label) I PS Form 3811, February 2004 /J/ C. Date of Delivery . .~ ~Cfo D. Is. delivery address different from rn 1? .0 Yes If rES. enter delivery address below: 0 No O~-180lp .1+,. '7J-57: I 3. Service Type Q-<fertffied Mall 0 Express Mall CI Registered 0 Retum R~lpt for Merchandise o Insured Mall 0 C.O.D. (.r 4. Restricted Dellvery1 ~ra Fee) 0 Yes 7005 2570 0002 2394 1984 Domestic Return Receipt. 102595-02-M-1 f1'10 COMMOIllWE;AL TM OF PENNSVLVANI~ PENNSYLVANIA LIOUOR CONTROL BOARD .I$SION, WAIVER AND AUTHOR.~ON J ARTICLE IV LICENSEES ' OFFICE OF AOMINrST-~~T1VE I.AIN JUDG.~ PLEASE REAP INFORMATION AND INSTRUCTIONS ON REVERSE SIDE BEFORE COMPLETING THIS FORM. 1. NAME OF LJCENSEE AS IT APPEARS ON THE LIC~NSE VETS CANTEEN ASSN. 2, L1Ci:NS~ NUMBER CC-51l0 $, L10 NUMBER 3820 4, CITATION NlJM6ER 05-1806 5, Has the license been returned to the Pennsylvania Liquor Control Board for safekeeping? If yes, provide date: DYes ~No MONTWOA,VIYEA~ 6. Has a transfer application been filed with the Pennsylvania Liquor Control Board? If yes, provide date: DYes ~NO MONTIo\IO~ "'/VI;~A 7. If a suspension is imposed, do you wish to serve it as soon es possible? ~Yes DNa a. Customary and USlJal Days of Operation: o Sunday ~ Monday ~ Tuesday ~Wednesda.y !&lThurSdSy ~Friday ~ Saturday ....., 9. STATEMENT OF ADMISSION, WAIVER AND AUTHORIZATION: g .. Licensee admits to all violations charged in the ref.erenced citation. ~ fg .. Licensee admits the Bureau of Liquor Contt'ol Enforcement has compiled with th~ applicable notice requirem!!!1S o~e Liquor Code. .' ' .....,J 0 .. Llcenaee waives the r.lght to a hearing. -0 ::> -- r · LicenaC!e waives the right to appeal the AdjudIcation. N ,. '- . Uoensee authorizes the Administrative Law Judge to enter an Adjudication basecl on a summary of facts end pNJ1r AdjUdIcation History, - 10. THE PENALTIES AUTHORIZED BY LAW ARE: License suspension and/or revocation: suspens:ion end/or revocation of any ancillary permit, ineluding but not Iimrted to the Amusement Permit or Sunday Sales Permit; and/or fine of: $50 to $1,000 as to Count(s) No.1, 2 $1,000 to $5,000 as to Count(s) No. NfA and/or If a violation i$ the third or 9ub5equent vIolation of any of the o1'fenaes referred to In subsection 471(b) of the Liquor Code or CrImes Code within _ four (4) yeBr period, the Admlnlstrattve .Law JUdge must, 815 lesst. Impose a luspenslo". 1. UNDER PENAL TV OF LAW (18 PA. e.s. i4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES), I VERIFY THAT I AM THE L.ICENSEE,AN OFFICERlPARTNER, CLUB STEWARD OR ATTORNEY AUTHORIZED TO COMPLETE AND SIGN THIS FORM ON BEHALF OF THE LICENSEE. I HAVE ,READ THE INFORMATION AND INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM. ~\~~ \~- ~~""'~~"~No~' e~ ~~'-l ( I (1) ~ -3 tm; ~U~Mf:Q? 0 11-/ il JTE~ ~C} ~~~tV . EMAlL Al)QRESS . J . . COMMONVv'EALTH OF PENNSYLVANIA PENNSYLVANIA LIQUOR CONtROL BOARD OFFICE OF ADMINISTRATIVE LAW JUDGE BRANDYWINE PLAZA 2221 PAXTON CHURCH ROAD HARRISBURG, PENNSYLVANIA 17110-9661 NOVEMBER 22,2005 FELIX THA U JUDGE PHONE (717) 540-5038 FAX (717) 657-4032 H. Anthony Adams, Esquire 49 West Orange Street Suite 3 Shippensburg, P A 17257 Re: Vets Canteen Assn. Citation No. 05-1806 LID - 3820 Dear Attorney Adams: I am returning the Admission, Waiver and Authorization (Waiver) submitted in the above captioned matter. Because of the repetition of the violations and Licensee's prior citation history, I believe a hearing is warranted. You will be notified of the date, time and place of hearing in due course. Licensee may if it so wishes, resubmit the Waiver at the time of the hearing. ~lY yours, ~~ Administrative Law Judge FT/pm Attachment (1) cc: Thomas M. Ballaron, P .S.P. Counsel . ! ., } COMMONWEALTH OF PENNSYLVANIA OFFICE OF ADMINISTRATIVE LAW JUDGES PENNSYLVANIA LIQUOR CONTROL BOARD * * ** * * * * * PENNSYLVANIA STATE POLICE, * BUREAU OF LIQUOR CONTROL * ENFORCEMENT * VS. * Citation No. 05-1806 VETS CANTEEN ASSN., * 130 WEST KING STREET * SHIPPENSBURG, PA 17257-1128 * LID No. 3820 * License No. CC-5110 * * * * * * * * * * * ~ <:::::;) <:::::> ~ Verbatim transcript of a hearing held at ~ ~ Brandywine Plaza, 2221 Paxton Church Road, Harrisb~g p:; Pennsylvania, on Tuesday, ~ d P ~ :> r- !"- May 16, 2006 11:30 a.m. * * f\J ~ (0, fO) ~ . j \'_. . / I i Ul * * * * * * * : fi~ BEFORE: FELIX THAU, Administrative Law Judge APPEARANCES: THOMAS M. BALLARON, ESQUIRE 3655 Vartan Way Harrisburg, PA 17110 For the Bureau of Liquor Control Enforcement KARL E. ROMINGER, ESQUIRE Rominger & Whare, Attorneys at Law 155 South Hanover Street Carlisle, PA 17013 For the Licensee REPORTER: LORI A. BEHE Any reproduction of this transcript is prohibited without authorization by the certifying agency. Sargent's Court Reporting Service, Inc. (814) 536-8908 . I l . 2 License No. CC-5110 Citation No. 05-1806 INDEX TO WITNESSES FOR THE COMMONWEALTH DIRECT CROSS REDIRECT RECROSS NONE PRESENT FOR THE LICENSEE NONE PRESENT '), f Sargent's Court Reporting Service, Inc. (814) 536-8908 . . 3 t. License No. CC-5110 Citation No. 05-1806 INDEX TO EXHIBITS FOR THE COMMONWEALTH IDENTIFIED ADMITTED C-1 C-2 C-3 Notice of Violation Letter Citation Adjudication 5 5 12 5 5 13 FOR THE LICENSEE NONE OFFERED ') Sargent's Court Reporting Service, Inc. (814) 536-8908 . .- 4 PRO C E E DIN G S ----------------------------------------------------- JUDGE FELIX THAU: This is the Bureau against Vets Canteen Association, case number 05-1806. And I have the entry with today's form. I've had two other cases today dealing with the same kind of problem, where a club is alleged to have exceeded the limits and just totally abused the privilege granted by the Local Option Small Games of Chance Act, which I call the be kind to lawyers act of --- number one of 19 any time a legislature sneezes, they make money for lawyers. So God bless them. ATTORNEY ROMINGER: Endless regulation. JUDGE THAU: Excuse me? ATTORNEY ROMINGER: I said endless regulation. JUDGE THAU: Every time they pass a law, they make business for lawyers. Okay. So this was another case where I wanted to really, to discuss the issues at a hearing and not handle this matter via paperwork. Now, the responsible officer is listed as a Ralph Ott? Sargent's Court Reporting Service, Inc. (814) 536-8908 e, e 5 1 MR. RYAN SMITH: 2 He's no longer there, sir. 3 JUDGE THAU: 4 Okay. The manager --- the steward is a 5 Patricia Logue? 6 MR. SMITH: 7 Yes. 8 JUDGE THAU: 9 So you're going to admit to the facts, 10 then, today? 11 ATTORNEY ROMINGER: 12 We are, for purposes of today's hearing 13 admitting, as alleged, to the facts as laid out in the 14 pre-hearing memorandum of the Commonwealth. 15 JUDGE THAU: 16 So let's get the documents and talk a 17 little bit. 18 ATTORNEY BALLARON: 19 Judge's Exhibit One and Two. 20 JUDGE THAU: 21 22 23 24 25 , ~ , Okay. You agree that these were sent and received in accordance with the statute? ATTORNEY ROMINGER: They were, Your Honor. JUDGE THAU: , Sargent's Court Reporting Service, Inc. (814) 536-8908 ~ 1 2 3 4 5 6 7 8 9 10 11 12 1 13 . l 14 15 16 17 18 19 20 21 22 23 24 25 . . 6 The investigation was, as indicated in Judge's Exhibit Number One, March 9, 2005, completed ATTORNEY ROMINGER: Correct, Your Honor. JUDGE THAU: Okay. All right. So on the month --- on August 9, 2005? the weeks listed, you were exceeding your $5,000 weekly limit. What were the --- what was like the highest --- what were the amounts? through 9. 9 was what? that okay? ATTORNEY BALLARON: For the initial week, Your Honor, April 3 JUDGE THAU: Okay. Just do --- the week ending April ATTORNEY BALLARON: The week ending April 9 was $48,208. JUDGE THAU: Ouch. ATTORNEY BALLARON: The week ending April 16 was $39,785. JUDGE THAU: Okay. Can you just round them off? Is Sargent's Court Reporting Service, Inc. (814) 536-8908 \ ~ } e e, , , 7 1 ATTORNEY BALLARON: 2 Sure. The week ending April 23 was 3 $44,000. 4 JUDGE THAU: 5 If you have any dispute with the 6 rounding, you can argue. 7 ATTORNEY ROMINGER: 8 No, no dispute with the rounding. That 9 doesn't seem material to the Court's determination. 10 JUDGE THAU: 11 No. 12 ATTORNEY BALLARON: 13 The week ending April 30th was $47,000. 14 The week ending May 7th ---. 15 JUDGE THAU: 16 Wait a minute. Counsel's not able to 17 hear if he's talking to this client. I just wanted to 18 give you the courtesy of ---. 19 ATTORNEY ROMINGER: 20 Thank you. 21 ATTORNEY BALLARON: 22 The week ending May 7, Your Honor, was 23 $40,000. The week ending June 4 was --- 24 JUDGE THAU: 25 Well, there's --- okay. June 4, right. Sargent's Court Reporting Service, Inc. (814) 536-8908 ) " . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTORNEY BALLARON: Was $43,000. JUDGE THAU: June 11th? ATTORNEY BALLARON: June 11 was $40,000. JUDGE THAU: June 18th? ATTORNEY BALLARON: Was $32,000. JUDGE THAD: 26th? ATTORNEY BALLARON: That was JUDGE THAU: 25th, I'm sorry. ATTORNEY BALLARON: $42,000. JUDGE THAU: July 2nd? ATTORNEY BALLARON: $45,000. JUDGE THAU: July 9? ATTORNEY BALLARON: 8 Sargent's Court Reporting Service, Inc. (814) 536-8908 e e\ l 9 1 $48,000. 2 JUDGE THAU: 3 July 16? 4 ATTORNEY BALLARON: 5 $39,000. 6 JUDGE THAU: 7 July 23rd? 8 ATTORNEY BALLARON: 9 $45,000. And July 30th was $38,000 10 JUDGE THAU: 11 Okay. And you agree with that? 12 ATTORNEY ROMINGER: " l 13 My client is saying those numbers are not 14 is that actually the prize or that was the cost of 15 the gross tickets sold? 16 ATTORNEY BALLARON: 17 That's the gross payout amount. 18 JUDGE THAU: 19 Those are the payout amounts. What are 20 you saying, sir? 21 ATTORNEY ROMINGER: 22 This is Mr. Ryan Smith, for the Court's 23 information. 24 MR. SMITH: 25 By the regulations, I guess you would Sargent's Court Reporting Service, Inc. (814) 536-8908 & j . .\ f 10 1 call it a payout. But the actual prize for each one 2 is like, say, for example, a $100 prize once over. So 3 it's not like we were awarding prizes 4 JUDGE THAU: 5 No, but when you add them all up, it's 6 $40,000. 7 MR. SMITH: 8 Right. 9 JUDGE THAU: 10 What you're telling me is you didn't 11 award one $40,000 prize, you might have awarded 1,000 12 $40 prizes. That's what you're telling me? 13 MR. SMITH: 14 Right. 15 JUDGE THAU: 16 Something like that. There's still 17 What's the difference? excess. 18 ATTORNEY ROMINGER: 19 I'm not sure that they understood that at 20 the time. 21 JUDGE THAU: 22 Well, they understood it after they got 23 the last adjudication. I mean, you're not telling me 24 your clients are stupid? 25 ATTORNEY ROMINGER: Sargent's Court Reporting Service, Inc. (814) 536-8908 1 2 3 4 5 6 7 8 9 10 11 12 13 t 14 15 16 17 18 19 20 21 22 23 24 25 . . 11 No. But by JUDGE THAU: I'm not giving you a hard time; okay? But I'm really directing that at your clients; you know? At your clients. Because you're in a tough spot; okay? And I respect that and I respect --- and I want to also commend you for not putting up a big fight over stuff that was really --- this is the same speech I gave last time. I had two hearings, the same --- this is the third hearing today with the same problem, with licensees that are repeat offenders; okay? First time around the block, I didn't know. Okay. All right. Second time around the block, I didn't know, it's like I start thinking, are you trying to pee on my leg and tell me it's rain? Excuse the ATTORNEY ROMINGER: And I'll JUDGE THAU: Let me do the second one, and I will listen to you. Complete and truthful records. What was the problem with your records? ATTORNEY BALLARON: The Licensee has a ticket-dispensing Sargent's Court Reporting Service, Inc. (814) 536-8~08 ~ i f 18 . . 12 1 machine, Your Honor, and the records required by the 2 regulations which govern the operation and small games 3 of chance found at 10 Pa. Code 911.462 those 4 records were not being kept with respect to the ticket 5 --- the small games of chance being dispensed from the 6 ticket machines. .7 JUDGE THAU: 8 Okay. Is this one of these converted 9 stamp machines that we used to get ---7 10 ATTORNEY BALLARON: 11 What I call --- are considered break-away 12 cards. They have the six or five flaps on it where 13 you break it apart and try to get the winning number. 14 JUDGE THAU: 15 Okay. We agree on that. So what did 16 get the prior history, then I'll listen to him. 17 ATTORNEY BALLARON: 19 the adjudication. Prior history, Your Honor, you find in 21 20 JUDGE THAU: 22 23 24 25 I have it herej it's 04-2066? ATTORNEY BALLARON: Correct, Your Honor. JUDGE THAU: This would be Judge's Exhibit Three. And Sargent's Court Reporting Service, Inc. (814) 536-8908 , ; . ., 13 1 you have a copy of that? 2 MR. SMITH: 3 Yes, I do. 4 JUDGE THAU: 5 What did you want to say, sir? 6 ATTORNEY ROMINGER: 7 And that's the only reason that we're 8 taking up the Court's time today. It's by way of 9 explanation, and maybe that's why it's a good thing 10 you bring people in to talk with him. The problems 11 with small clubs like this, and Mr. Rayburn (phonetic) 12 is relatively new to the position, and has indicated 13 to me, and I think he'll indicate to you, that when he 14 took it over, he actually fired the person who was 15 16 JUDGE THAU: 17 When did you take it over, sir? 18 MR. SMITH: 19 Around January of 2005, officially. 20 ATTORNEY ROMINGER: 21 And it's taken a while for him to clean 22 things --- begin to clean things up and go through and 23 learn what he needs to do and how to do it. And 24 hopefully he'll be in this position long enough to 25 it's an institutional memory. A lot of the other bars Sargent's Court Reporting Service, Inc. (814) 536-8908 1 2 3 4 5 6 7 8 9 10 11 12 13 \ f 14 15 16 17 18 19 20 21 22 23 24 25 } . ., I j 14 I represent or have done work for have the same owner for 25 years and the owner realizes what they're doing. And if they violate, it's very conscious. These veteran's organizations, not by way of excuse, but I find that sometimes the management can go bad if the good people aren't watching what's happening. JUDGE THAU: Well, that's exactly what happened in the last case, where those in charge actually, what looked to me like they were actually financially raping their organization. Is that --- that's apparently what was --- you know, they did that. And I commended the two gentlemen for having the courage to step up to the plate and try and clean it up. On the other hand, I did remind them that they stand in the place of the organization, that the organization, under the law, is a separate entity, and that I have to deal with that issue, too. Recognizing and trying to strike a balance is --- it's supposed to be small games of chance. It's not --- you're tired of hearing it, too. This is the third time this has happened. It's not a casino. When you start talking about $50,000 a week, $40,000 a week, every week, that's a lot of jingle; you know? And Governor Ed is going to be upset when Sargent's Court Reporting Service, Inc. (814) 536-8908 25 . . 15 1 he opens up his slot machine parlor, because you guys 2 are going to be in competition, then; okay? And I've 3 been trying to strike a balance here. And when I see 4 an organization --- was the first case also a repeat? 5 ATTORNEY BALLARON: 6 Yes, sir. 7 JUDGE THAU: 8 All three cases today waived. And I 9 suggested that the better course of action would be to 10 have them come in; okay? So that I can understand who 11 they are. Because I can tell you that my response, 12 without a hearing, would have been extremely harsh. 13 Extremely harsh. Because I don't see people, I get 14 paperwork, I see a repeat, I don't understand the 15 circumstances. And I do want to understand the 16 circumstances, and I do want to understand --- put 17 some meat on the bones, to get the facts and 18 something 19 ATTORNEY ROMINGER: 20 And I think 21 JUDGE THAU: 22 The facts or something that works. Yes? 23 ATTORNEY ROMINGER: 24 Not by way of --- again, it's JUDGE THAU: Sargent's Court Reporting Service, Inc. (814) 536-8908 1 2 3 4 5 6 7 8 9 10 11 12 13 } 14 ! 15 16 17 18 19 20 21 22 23 24 25 . . 16 We're just talking, here. ATTORNEY ROMINGER: These fellows actually give a large amount of money. Now, I know where it all comes from; right? I mean, that's how they if they're selling this many tickets, that's where the money goes, and they put it into service, charity. JUDGE THAU: I know, and let me give you this speech. I'm sure the problem with that, sir, is --- and particularly with a veteran's organization, because I'm a veteran myself. I don't belong to a veteran's organization and I'm veteran; okay? We have to start thinking about how we're getting our money. The ends --- the argument that Counsel propounded is that the ends justify the means. And if you're using --- very simple. That's what it is. That if you're using the money for good purpose, then it really how you get it ought not to be an issue. And in our society, we are concerned with the ends and the means, both; okay? And as veterans who have struggled, personally giving up your time, perhaps seen some things that people ought not to have to see in war. What did you serve, what war? Sargent's Court Reporting Service, Inc. (814) 536-8908 1 2 3 4 5 6 7 8 9 10 11 12 13 \ t j 14 15 16 17 18 19 20 21 22 23 24 25 , . . 17 MR. SMITH: I was in Vietnam. JUDGE THAU: Okay. Then you have a better understanding that the reason we do that is to protect the things that we value. And one of the things that we are supposed to value as a good citizen is to respect the law and obey the law. And as a veteran's group, you have a higher responsibility, I would maintain. Not a lower, a higher responsibility to demonstrate that you are going to stick by the rules, because that's why we fought; right? Well, I didn't fight, thank God. So when I say we, I'm not trying to suggest that I saw combat. I did not. It doesn't belie the fact that I'm a veteran. I served. That's why you guys did what you did, theoretically; right? And so you have to stand up and say, we're not going to earn our money this way. We're going to do it the right way. And if it means there's less money, then there's just less money. Because, guess what? I could make three times what I'm making now if I went out and sold some drugs. What stops me from doing that? In addition to the possibility of going to jail, wh~t stops me from doing that is the money is less important to me than the Sargent's Court Reporting Service, Inc. (814) 536-8908 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 , ~ . . 18 act. And that's what you got to start thinking about. What's important to you? And it should be the values first and the money second. I'm going to give you another approach which I want you to take back to your people. precisely what is charitable is so subjective that we even have fights about it. When Jerry Lewis gets on TV and rakes in all that monei for, what is it, muscular dystrophy, other organizations get all bent out of shape because he's taking their resources. So what is valuable in terms of how you spend your life for the charitable purposes? It's subjective. I bet you have organizational struggles inside as to how you're going to spend your money. MR. SMITH: Yes, Your Honor. JUDGE THAU: Okay. So I mean, even in the organization, you have a certain level of --- how we're going to spend this. No, we don't want to spend it on Little League, we want to do this; it's more important. So that's the reason that we don't buy that argument, because charity is subjective. I donate money to things that I think are important. ATTORNEY ROMINGER: Sargent's Court Reporting Service, Inc. (814) 536-8908 1 2 3 4 5 6 7 8 9 10 11 12 13 .~ 14 15 16 17 18 19 20 21 22 23 24 25 . ! . 19 And I didn't want the Court to believe that I was propounding that the ends justify the means purposely. JUDGE THAU: You know, if I thought you were, I would be screaming and yelling; okay? I'm not doing that. ATTORNEY ROMINGER: And by way of explanation as t.o how I think organizations allow themselves to slip into these positions, and the other problem has been the recent decline -~-. JUDGE THAU: They become addicted. ATTORNEY ROMINGER: Yes. JUDGE THAU: I know exactly how it happens. They become addicted to the flow of money. And it never is enough. And it's the same that's speech number three, which I used in the last two cases. We're going to have the slot machines, and we're going to be addicted to slot machines for the finances. And five or six years down the road, we're not --- that money's not going to be enough for us. ATTORNEY ROMINGER: Sargent's Court Reporting Service, Inc. (814) 536-8908 1 2 3 4 5 6 7 8 9 10 11 12 13 \ J 14 15 16 17 18 19 20 21 22 23 24 25 . . 20 So they'll add table games to the casinos next. JUDGE THAU: They're going to do --- yes. Whatever it's going to be. Okay? Whatever it's going to be. So I understand the power. This money stream is like an opiate. It's like a morphine, it's like heroin. You get addicted to it. And then you say, well, you know, God, it's so easy to make money. Let's go make a little more; right? Is that your point? ATTORNEY ROMINGER: Yes. And as an organization, the problem is, again, you have to have strong leadership to withdraw from this. And I think that's --- I want to let the Court know, I deal with a lot of people --- I deal with a lot of really bad people from time to time, unfortunately. And I just --- my impression is, for the Court's information, that this man came to see me and Mr. Adams had sent him over, and his interest is in complying and working at what he needs to do at making this organization JUDGE THAU: I'm probably preaching to the choir; okay? But I need --- you know, I'm trying, in a way, sir, to help you, to get the message to your people, Sargent1s Court Reporting Service, Inc. (814) 536-8908 1 2 3 4 5 6 7 8 9 10 11 12 13 \ I 14 15 16 17 18 19 20 21 22 23 24 25 . . 21 because they're not here. You're the one that has to suffer through this. It's not a fun experience. I can't imagine it would be. It's not the worst thing. An MRI might be worse, but it's not fun. It's not fun. But you're the one who represents the club and has to listen to this; all right? And I wish I could get the club membership here, because that's really the people that need to hear this. And the reason I repeat this each hearing is to help you to frame it in a way so that perhaps they understand the issues; okay? The ends do not justify the means. You know, you're a veteran's organization, and perhaps you can get the message to them that we need to think of our civic responsibility to obey the law. And we need to think of who's really destroying our society. Is it the bad guys or is it the good guys who are just disregarding the law? And I would submit to you that it's probably really the good guys that are just not doing what they're supposed to do. They're not stepping up to the plate. And you guys are role models, too, for kids. Let's talk about role models. And it's not good role-modeling. It's not good citizenship, if I could put it that way. It's not civic responsibility, and I'd like you to --- you should have written all Sargent's Court Reporting Service, Inc. (814) 536-8908 . . j 22 that down. Because it was brilliant and you didn't write it down and you're not going to have it to tell all your club members. But seriously, I think you do need to talk to them and get them to think about these things. I think if they think about it, most people are going to come to th7 right conclusion. Okay. Having said that, you know, I have to strike a balance here; you know? I've had two other cases today. And I'll tell you what I did with them, I'll do the same thing here. I'm not really convinced that I can do anything with your small games of chance license, that I have that authority. I think there's some argument to be made that --- well, I think it really is, to be honest with you, legally tenuous; all right? And so I don't want to do that. However, I can take into consideration certain things. What I did with the last two was they are going to think about voluntarily stopping small games of chance operations for 28 days, consecutive days, in August; all right? And what I did, I gave them three weeks to let me know by letter. If they do that voluntarily, I will take --- certainly take that into consideration. It's up to you. I will take that into consideration. So that's my indirect way of Sargent's Court Reporting Service, Inc. (814) 536-8908 1 2 3 4 5 6 7 8 9 10 11 12 13 'I if. 14 15 16 17 18 19 20 21 22 23 24 25 '; .- ) . 23 dealing with the small games of chance license, because there was an abuse of that privilege. And we also forget what the word license means. We really do forget what it means. The formal definition is, I give you --- you know, if I'm going to speak in Middle English, I give you license, I give you permission. You don't have any right. It's not an inalienable God-given right to do this. It's a privilege. It's a license, just like the liquor license. It's a special privilege that we, as a society, through the government, allow you to raise money; okay? I know I'm preaching to the choir; right? Okay. I appreciate that. Talk to me and I'll help you to get the message or if he doesn't --- I'm sorry. Your name again, sir? MR. SMITH: Ryan Smith. JUDGE THAU: Okay. Then maybe perhaps Counsel could express what I said here today. What is the recommendation here? ATTORNEY BALLARON: $1,000 for count one with a five-day suspenslon, Your Honor. And then for count two, a $500 fine. ~ Sargent's Court Reporting Service, Inc. (814) 536-8908 1 2 3 4 5 6 7 8 9 10 11 12 13 p, ,~ 14 15 16 17 18 19 20 21 22 23 24 25 . . .l 24 JUDGE THAU: Why did you recommend here a suspension and the other two cases you didn't? ATTORNEY BALLARON: Because we learn and we adapt. JUDGE THAU: I'll say you're adapted. ATTORNEY BALLARON: This recommendation was put together after the previous recommendation. We feel bound to the recommendations when we do them, Your Honor. JUDGE THAU: Yes. You are ethically bound to keep them; okay? And I appreciate that. There weren't any suspensions recommended in the other cases. I just really do believe that when it's a repeated problem that there needs to be some kind of a suspension. And I gave these --- what I did with the other two organizations, one was a fire company, one was club. I don't know what they're doing. But I tend to be, in some ways, more difficult on veteran's organizations, particularly because of what you guys stand for. And it's really --- when you do stuff like this, it really offends the purpose for which you exist. It really offends what you --- the service that you gave to this Sargent's Court Reporting Service, Inc. (814) 536-8908 1 2 3 4 5 6 7 8 9 10 11 12 13 \ i I 14 15 16 17 18 19 20 21 22 23 24 25 . . , . J 25 country. It's offensive in that way, in a very, very fundamental way. Having said that, again, the two organizations are going to let me know, and I'll give' you the same option. You can send me a letter and tell me that. If I don't get a letter in three weeks, I'll assume that you're not doing it. That's up to you. ATTORNEY ROMINGER: I would send you the letter, telling you one way or the other. JUDGE THAU: Okay. Whether or not you're going to cease operation for 28 days during the month of August pursuant to the Small Games of Chance Act --- and I want to repeat, again, what I said in the last case. You can look at that 28 days as an opportunity to clean it up. And the reason is, it's difficult to repair something while it's still working; right? So what we generally do is we shut things down, and then we take them apart and we clean them up, and maybe just to give you a great opportunity to learn and clean up your act and really take a step back without the pressure of trying to run things at the same time; all right? That's up to you. If you do that, I Sargent's Court Reporting Service, Inc. (814) 536-8908 . . 26 1 promise you I will take that into consideration; okay? 2 And I will say so in the adjudication, that but for 3 this, I would have done that. Okay? So I will take a 4 look at the recommendation. I can't promise you I'll 5 go along with it; okay? It's certainly going to be a 6 jumping-off point. 7 ATTORNEY ROMINGER: 8 And my client did want you to know that 9 as --- at least as for the record keeping, that was 10 not intentional 11 JUDGE THAU: 12 I'm less concerned about the record 13 keeping. I'm only concerned about the repeat nature 14 of this prize limit, because it really is significant. 15 If you don't --- small. Small games of chance, not 16 big games of chance. All right. 17 And I appreciate, sir, you corning in 18 here. I appreciate the position that you're in, that 19 you have a level --- and you, too. What is your name? 20 MR. BOWERS: 21 My name is Charles Bowers. I'm the post 22 commander. 23 JUDGE THAU: 24 Okay. Well, then you definitely heard 25 what I said, and you are going to get back Do Sargent's Court Reporting Service, Inc. (814) 536-8908 . . 27 1 you have any thoughts about what I said? 2 MR. BOWERS: 3 Yes, I do. Those other two people that 4 you've seen prior to seeing our organization, I don't 5 know whether they had restaurant facilities at the 6 fire hall or the other place, private club, men's 7 club, but we do. We have food facilities, which our 8 food is delicious and it's reasonable, it's cheap. 9 It's a lot cheaper than you would buy at a regular 10 restaurant. 11 JUDGE THAU: 12 Okay. 13 MR. BOWERS: , } 14 And the sale of the tickets make up the 15 difference, you know, because of the cheap food, and 16 you know. 17 JUDGE THAU: 18 The sale of the small games make up the 19 difference? 20 MR. BOWERS: 21 Yes. 22 JUDGE THAU: 23 The difference in what? Difference --- 24 because when you say difference ---? 25 MR. BOWERS: Sargent's Court Reporting Service, Inc. (814) 536-8908 \ f . . ) 28 1 Well, I mean the difference in price in 2 food. Like our food is a lot cheaper. 3 JUDGE THAU: 4 Well, the small games of chance is not 5 designed to supplement your food. It's designed to 6 raise money. 7 MR. BOWERS: 8 And we do --- and we put a lot of money 9 into the community. 10 JUDGE THAU: 11 Okay. I know We've been down that road. 12 you did, but you're not putting it in in a way that's 13 illegal. Why don't you sell cocaine and get three 14 times the amount of money? Why don't you do that? 15 How come? 16 MR. BOWERS: 17 Because I don't do that kind of stuff. 18 JUDGE THAU: 19 You don't do that stuff? 20 MR. BOWERS: 21 I wouldn't do that, no. 22 JUDGE THAU: 23 Well, why would you dbey one law and 24 disobey another? And that's what you have to think 25 about. That's the philosophical, the ethical issue Sargent1s Court Reporting Service, Inc. (814) 536-8908 1 2 3 4 5 6 7 8 9 10 11 12 13 t j 14 15 16 17 18 19 20 21 22 23 24 25 ., t ! . 29 that you need to think about. What's the difference between selling cocaine to make money for your charities and doing what you're doing? Okay. Legally, sir, there is no difference. Ethically, if this were a class in philosophy or ethics, there is no difference. Now, I know there is, in ~eality, because we look at gambling different, particularly when government pushes gambling. We tend to look at it in a different way. And I understand that, but ethically, it's still the same problem. Do you break the law to get money to do things? Okay? And that's the ethical question. Are you going to do that? Is that what this country is about? Is that what you fought in Vietnam for? MR. BOWERS: No, sir, I didn't. JUDGE THAU: Okay. And that's what you have to think personally. And maybe you need to jack the food prices up a little bit; okay? ATTORNEY ROMINGER: Judge, I'd just as long as we're being philosophical, I think that's the part of ---. I thought it was interesting to kind of articulate something that I thought has been a problem for a lot Sargent's Court Reporting Service, Inc. (814) 536-8908 .- . 30 of these clubs, which is civil society, membership in clubs has declined over the years. And veteran's organizations, Elks, things like that, have found that a cheap food program keeps people coming in the door. They get more people for dinner than they do for membership meetings, JUDGE THAU: Yeah, and ---. ATTORNEY ROMINGER: --- and ---. JUDGE THAU: Okay. I'm sorry. ATTORNEY ROMINGER: No. No. So I mean, it is. That's what you were talking about. Okay. What we do now if we don't have this money to supplement our ---? JUDGE THAU: Well, if you're running a restaurant, too, is the IRS after you for --- ! know the IRS is going to want to know why you're making a profit on your food, or whatever, how you're keeping afloat. Hasn't the IRS been hitting the clubs? ATTORNEY ROMINGER: They do, yes. JUDGE THAU: Sargent's Court Reporting Service, Inc. (814) 536-8908 1 2 3 4 5 6 7 8 9 10 11 12 13 !i 14 15 16 17 18 19 20 21 22 23 24 25 . . 31 Okay. So you got --- when you start operating a restaurant for a profit, then you've got IRS issues and all kinds of things. I'm not telling you not to do it. It's your club. And I know that the old guard, with respect to veteran's organizations, there's less members; right? I mean, now than before, because we had a draft. We had a draft. All right. I'll think about it, but you have three weeks from today to get that letter in to me and let me know what you're going to do. If you do it there will be some suspension, and I said that to all three. Because I think the community needs to see, and your organization needs to see. I think in that way, I will actually be helping you. How's that better than throwing the penalty out or something? I will be helping you get the message out to your people; okay? Because if you walk in there, they're going to say, oh, what does he know; right? Because they weren't here listening to me. And you can tell them I was ranting and raving and screaming like a maniac, too. Because I have done that. All right. I'll think about. Thank you. ATTORNEY ROMINGER: Sargent's Court Reporting Service, Inc. (814) 536-8908 1 2 3 4 5 6 7 8 9 10 11 12 13 , {I 14 15 16 17 18 19 20 21 22 23 24 25 26 . . Thank you. three weeks, Your Honor. JUDGE THAU: All right. 32 I'll get you a letter within Thank you, sir. "* * * * * * * * HEARING CONCLUDED AT 11:55 A.M. * * * * * * * * Sargent's Court Reporting Service, Inc. (814) 536-8908 1 2 3 4 5 6 7 8 9 10 11 12 13 ~ 14 15 16 17 18 19 20 21 22 23 24 25 . . 33 C E R T I F I CAT E 01 HEREBY CERTIFY THAT THE FOREGOING PROCEEDING WAS REPORTED STENOGRAPHICALLY BY ME AND THEREAFTER REDUCED TO TYPEWRITING, AND THAT THIS TRANSCRIPT IS A TRUE AND ACCURATE RECORD THEREOF. SARGENT'S COURT REPORTING SERVICE, INC. LORI A. 'BEtlE COURT REPORTER Sargent's Court Reporting Service, Inc. (814) 536-8908 . . C E R T I FIe ATE I hereby certify that the foregoing proceeding ~ tv -tVl Ct..LA. , was reported by me, that I have read this transcript on uU lD~ and I attest that this transcript is a true and , accurate record of the proceeding. , CLEARFIELD, P A . ERIE, FA . OIL CITY. FA SARGENT'S COURT REPORTING SERVICE, INC. . INDIANA, P A .GREENSBURG, PA . PJ:-nJJvJ>ELPHIA, PA . SOMERSET, F'A ,.PITfSBIJRGH, PA C''T'' ~"""r.' r'A.T T T:'r-c n A . \YITT 1{F"l;.RA'RRF" PA . .\ INNSY! VANI ' :-A-'- POlle"'" I :- c- - ~ I 11"'~ ~ ! ~ i = : ~ 8UREAU OF UQUORGONTROL ENFORCEMENT HARRISBURG DISTRICT ENFORCEMENT OFFICE 3655 V ART AN WAY HARRISBURG, PA 17110 PHONE: 71i-541-7961 FAX: 717-541-7861 S;'=lLE 1.3 (5.99) August 24, 2005 incident #W03-307363 License #CC-511 0 LI 0 #3820 Vets Canteen Assn. 130 West King Street Cumberland County Shippensburg, PA 17257-1128 The Bureau of Liquor Control Enforcement through its investigation has received information of the following alleged violations which may result in the issuance of a citation to show cause why your license should not be suspended or revoked or a fine imposed, or both: )I."'~ 1. OFFERED AND/OR AWARDED MORE THAN $5,000.00 IN CASH OR MERCHANDISE IN ANY SEVEN-DAY PERIOD. 04/03/05 THRU 04/09/05, 04/10/05 THRU 04/16/05, 04/17/05 THRU 04/23/05; 04/24/05 THRU 04/30/05, 05/01/05 THRU 05/07/05, OS/29/05 THRU 06/04/05r 06/05/05 THRU 06/11/05, 06/12/05 THRU 06/18/05, 06/19/05 THRU 06/25/05, , 06/26/05 THRU 07/02105, 07/03/05 THRU 07/09/05, 07/10/05 THRU 07i16/05, 07/17/05 THRU 07/23/05 AND 07/24/05 THRU 07/30/05 2. FAILED TO MAINTAIN COMPLETE AND TRUTHFUL RECORDS COVERING THE OPERATION OF THE LICENSED BUSINESS FOR A PERIOD OF TWO YEARS CONCERNING THELOCAL OPTION SMALL GAMES OF CHANCE ACT. 05/13/05,08/05/05 AND DIVERS OTHER OCCASIONS IN THE PAST YEAR ~~:J- Date Investigation Assigned: Date Investigation Completed: 03/09/05 08/09/05 No other information will be furnished concerning this matter unless the Bureau determines that aGitation will be issued. g~~I:UL Se~~~t Stephen F. Valencic District Office Commander, Harrisburg Bureau of Liquor Control Enforcement Pennsylvania State Police CERTIFIED MAIL- Return Receipt Requ~sted SFV/JTB:gdd '-:E._ .ff _....,....._.r_.________._.L 4_____~~ '" / \,/ -.,.-......- 7160 3901 9849 0106 ~400 -'je e. ...::~' : ~ . -, :-:.j:~' i ~ - ~- "). ~; ; COM1VIO~TEAL TH OF PENNSYL V Al\iL..\. PEN"NSYLVA1~lA STATE POLICE RUREAU OF LIQUOR CONTROL' E:N'"FORCElYIEl\iT CITATION NO. 05-1806 Incident No. W03-307363 v. VETS CANTEEN ASSN. 130 W.KING ST. SffiPPENSBURG, PA 17257-1128 CUMBERLAND COUNTY LID - 3820 License No. CC-5110 License First Issued: August 10, 1949 crT A TrON WHEREAS, the Pennsylva.ni,a Liquor Control Board has issued to you the above-referenced license and related permit(s) for the licensed term ending January 31,2006; 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. 91-101, et seq, and the rules and regulations adopted pursuant thereto, in the following manner: 1. During the periods April 3 through 9, April 10 through 16, April 17 through 23, April 24through 30, May 1 through 7, May 29 through June 4, June 5 through 11, June 12 through 18, June 19 through 25, June 26 through July 2, July 3 through 9, July 10 through 16, July 17 through 23 and July 24 through 30, 2005, 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 !"-EXHIBIT '. !. . C<~>.' I c:-~/t- #~ . . Vets Canteen Assn. Citation No. 05-1806 Page 2 Liquor Code, 47 P.S. ~4-471 and Section 315(b) of the Local Option Smali Games of Chance Act, 10 P.S. ~315(b). 2. On May 13 and August 5, 2005, 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 concerning the Local Option Small Games of Chance Act, in violation of Sections 471 and 493(12) of the Liquor Code, 47 P.S. ~~4-471 and 4-493(12), Section 311 of the Local Option Smail Games of Chance Act, 10P.S. ~311 and Section 901 of the DeparttnentofRevenue Regulations, 61Pa. Code ~901. 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 notbe suspended or revoked or a [me 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 ,Perinsy lvania 1711 0-9661, 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. 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 enc1osedfor your convenience. Upon receipt, the Office of Administrative Law Judge will process the forms and issue an adjudication. . . Vets Canteen Assn. Citation No. 05-1806 Page 3 BY ,ORDER Bureau of Liquor Control Enforcement .~ )1.,lrlv~~ MAJOR LEONARD H. MCDONALD Director Date: September 15, 2005 Thomas M. Ballaron, Assistant Counsel Pennsylvania State Police Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, PA 17110 Telephone: (717) 540-7411 /~~ Mailing Date: .., MAR _ ) 2OD5 .. rfJpsIr 0ar CO:M:MON\VEAL TH OF PENNSYL V_ANIA OFFICE OF ADMINISTRATIVE LAW JUDGE FOR PENNSYLVANIA LIQUOR CONlROL BOARD PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT Citation No. 04-2066 v. Incident No. W03-300617 VETS CANTEEN ASSN. 130 W. KING STREET SHIPPENSBURG, PA 17257-1228 LID-3820 CUMBERLAND COUNTY LICENSE NO. CC-5110 ADJUDICATION ',. 'BEFORE: JUDGE FLAHERTY BACKGROUND: This proceeding arises out of'a citation that was issued on December 9, 2004, by the Bureau of Liquor Control Enforcement of the Pennsylvania State Police (herein~er "Bureau") against VETS CANTEEN ASSN., License Number CC-511 0 (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. '~~4-471and 4-493(12)], Section 311 of the Local Option Small Games of Chance Act [10 P.S. 9311] and Section 901 of the Department of Revenue Regulations [61 Pa. Code 9901] in that on November 10, 2004, Licensee, by its servants, agents or employes, failed to maintain complete and truthful records covering the operation of the licensed business fo! a period of two years concerning the Local Option Small Games of Chance Act. The second count charges Licensee with violation of Section 471 of the Liquor Code [47 P.S. g4-471] and Section 315(b) of the Local Option Small Games of Chance Act [10 P.S. g315(b)] in that during the period October 31 through November 6, 2004, 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. I'. .......EXHIBlt..;.; !C~3 ~u I.. ~;;lr;.~~~ ~...., VETS CMTEEN" -r. f CITATION NO. 04-20o{) .; I , PAGE 2 The third count charges Licensee with violation of Sections 104(c), 401 (a) and 406(a)(1) of the Liquor Code [47 P.S. SSl-104(c), 4-401(a) and 4-406(a)(1)] in that on October 6, 2004, . and divers occasions in the past year, Licensee, by its servants, agents or employes, offered and/or gave liquor and/or malt or brewed beverages as a prize. 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 Bur~au, I make the following Findings of Fact and reach the following Conclusions of Law: FINDINGS OF FACT: COUNTS 1. 2 AND 3 1. On November 10, 2004 an officer of the Bureau visited the licensed premiseS to conduct a routine inspection. 2. As a result of the aforementioned inspection, it was discovered with respect to the small games of chance record that no records of winners being awarded in excess of $100.00 were being kept. 3. An audit of Licensee's. small games of chance record by the officer for the dates October 31 through November 6, 2004 determined that Licensee had paid out $29,280.00 in winnings. . 4. Further examination of Licensee's records disclosed that Licensee was maintaining a ''beer board." The aforementioned board was based on a winning tip seal from a small game of chance for which the club awarded gift certificates. The gift certificates were stamped for non-alcoholic beverages, but the treasurer/manager and secretary both admitted that the local distributor was redeeming the certificates for cases of beer. The .records indicated that the last date beer was given away on the tip board w~ October 6, 2004. 5. The officer interviewed one of the corporate officers of the local beer distributor who admitted to redeeming some of the aforementioned gift certificates for cases of beer. He stated that no records were kept of when the certificates were redeemed. . . CONCLUSIONS OF LAW: Counts 1,2 and 3 of the citation is sustained. . VETS CAJ.'ITEEN A' ). CITATION NO. 04-2006 . PAGE 3 PRlOR RECORD: . Licensee has been licensed since August 10, 1949, and has had two prior violation(s) since July 1, 1987, the date of establishment of the Office of Administrative Law Judge: Citation No. 89-0381. Fine $500.00 and 20 days suspension. 1. Possessed or operated gambling devices or paraphernalia or permitted gambling or lotteries on the licensed premises (tickets and punchboards). Citation No. 94-0938. Fine $400.00. 1. Sales to nonmembers without prior arrangement. PENALTY: Section 471 of the Liquor Code [47 P.S. ~4-471J 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. Counsel for the Bureau and counsel for Licensee have agreed to recommend a penalty in this case of a fine of $900.00 (Count 1 - $250.00; Count 2 - '$500.00; Count 3 - $150.00). Under the circumstances of this case, I find this recommendation to be'acceptable. Therefore, the penalty imposed shall be as follows: Count 1 - $250.00 fine Count 2 - $500.00 fine '. Count 3 - $150.00 fine ORDER THEREFORE, it is hereby ordered that Licensee VETS CANTEEN ASSN., pay a fine of $900.00 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. The fine must be paid by Treasurer's Check, Cashier's Check or Certified Check. Personal checks, which includes business-use personal checks, are not acceptable. Make check payable to the Commonwealth of Pennsylvania and mail to: PLCB-Office of Administrative Law Judge Brandywine Plaza 2221 Paxton Church Road Harrisburg P A 17110-9661 . VETS CANTEEN -)\T. CITATION NO. 04-2066 .: PAGE 4 Jurisdiction is retained pending final resolution of the penalty in this matter. Dated this ~ay of March, 2005. an MOTIONS FOR RECONSIDERATION MUST BE RECEIVED WITHIN 15 DAYS OF THE MAILING DATE OF THIS ORDER IN THE OFFICE OF ADMINISTRATIVE LAW JUDGE AND REQUIRE A $25.00 FILING FEE. A WRITTEN REQUEST FOR RECONSIDERATION MUST BE SUBMITTED WITH THE FILING FEE. . r . \ \'1'..::-:; ..;}: S2 :~Q ."'" \ Mailing Date: JUN 2 2 l006 . COMMONWEALTH OF PENNSYLVANIA OFFICE OF ADMINISTRATIVE LAW JUDGE FOR PENNSYLVANIA LIQUOR CONTROL BOARD PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT Citation No. 05-1806 Incident No. W03-307363 v. LID - 3820 VETS CANTEENASSN. 130 W. KING ST. SHIPPENSBURG, PA 17257-1128 CUMBERLAND COUNTY LICENSE NO. CC-5110 BEFORE: JUDGE THAU APPEARANCES: For Bureau of Enforcement Thomas M. Ballaron, Esquire Pennsylvania State Police 3655 Vartan Way Harrisburg, Pennsylvania 17110 For Licensee Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 ADJUDICATION BACKGROUND: This proceeding arises out of a citation that was issued on September 15, 2005, by the Bureau of Liquor Control Enforcement of the Pennsylvania State Police (Bureau) against Vets Canteen Assn. (Licensee), License Number CC-5110. .--\ , .., i I VETS CANTEEN ASS:N. CITATION NO. 05-1806 PAGE 2 This citation 1 contains two counts. The first count charges Licensee with violations of Section 471 of the Liquor Code [47 P.S. S4-471] and Section 315(b) of the Local Option Small Garnes of Chance Act [10 P.S. s315(b)]. The charge is that during the periods April 3 through 9, April 10 through 16, April 17 through 23, April 24 through 30, May 1 through 7, May 29 through June 4, June 5 through 11, June 12 through 18, June 19 through 25, June 26 through July 2, July 3 through 9, July 10 through 16, July 17 through 23 and July 24 through 30, 2005, Licensee, by servants, agents or employes, offered and/or awarded more than $5,000.00 in cash or merchandise in any seven-day period. The second count charges Licensee with violations of Sections 471 and 493(12) [47 P.S. 94-471 and 94-493(12)], Section 311 ofthe Local Option Small Garnes of Chance Act [10 P.S. 9311] and Section 901 of the Department of Revenue Regulations [61 Pa. Code 9901]. The charge is that on May 13 and August 5, 2005, Licensee, by servants, agents or employes, failed to maintain complete and truthful records covering the operation of the licensed business for a period of two (2) years concerning the Local Option Small Garnes of Chance Act. An evidentiary hearing was conducted on May 16, 2006 at Brandywine Plaza, 2221 Paxton Church Road, Harrisburg, Pennsylvania. After review of the transcript of that proceeding, the following Findings of Fact and Conclusions of Law are entered. FINDINGS OF FACT: 1. The Bureau began its investigation on March 9, 2005 and completed it on August 9,2005. (N.T.6) 2. The Bureau sent a notice of alleged violations to Licensee at the licensed premises by certified mail-return receipt requested on August 24, 2005. The notice alleged violations as charged in the citation. (Commonwealth Exhibit No. C-1, N.T. 5) 1. Commonwealth Exhibit No. C-2, N.T. 5. .-, j .\'t .i VETS CANTEEN ASSN. CITATION NO. 05-1806 PAGE 3 Count No.1: 3. For the seven-day periods listed in Count No.1, Licensee awarded prizes in excess of $5,000.00, as follows: Week ending April 9,2005 - $48,208.00; Week ending April 16,2005 - $39,785.00; Week ending April 23, 2005 - $44,000.00; Week ending April 30, 2005 - $47,000.00; Week ending May 7, 2006 - $40,000.00; Week ending June 4, 2005 - $43,000.00; Week ending June 11, 2005 - $40,000.00; Week ending June 18, 2006 - $32,000.00; Week ending June 25,2005 - $42,000.00; Week ending July 2,2005 - $45,000.00; Week ending July 9, 2005 - $48,000.00; Week ending July 16, 2005 - $39,000.00; Week ending July 23, 2005 - $45,000.00; Week ending July 30, 2005 - $38,000.00. (N.T. 6-8) Count No.2: 4. On the dates charged, Licensee maintained a ticket dispensing machine. Licensee was not maintaining required records with respect to that device. (N. T. 11-12) CONCLUSIONS OF LAW: 1. satisijed. The notice requirements of Liquor Code Section 471 [47 P.S. ~4-471] have been 2. Count Nos. 1 and 2 are sustained as charged. PRIOR RECORD: Licensee has been licensed since August 10, 1949, and has had three prior violation(s) since July 1, 1987, the date of establishment of the Office of Administrative Law Judge (Commonwealth Exhibit No. C-3, N.T. 13): Adjudication No. 89-0381. Fine $500.00 and 20 days suspension. Possessed or operated gambling devices or paraphernalia or permitted gambling or lotteries on the licensed premises (tickets and punchboards). Adjudication No. 94-0938. Fine $400.00. Sales to nonmembers without prior arrangement. March 16, 1994. . j VETS CANTEEN ASS~. CITATION NO. 05-1806 . PAGE 4 Adjudication No. 04-2066. Fine $900.00. 1. Failed to maintain complete and truthful records for a period of 2 years concerning the Local Option Small Games of Chance Act. November 10,2004. 2. Offered and/or awarded more than $5,000.00 in cash or merchandise in any 7 day period. October 31 through November 6,2004. 3. Offered and/or gave alcoholic beverages as a pnze. October 6, 2004. PENALTY: Section 471 of the Liquor Code [47 P.S. g4-471] 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 Count Nos. 1 and 2 in this case. As Licensee has voluntarily agreed to cease operating pursuant to its Small Games of Chance License for a period of 28 days, beginning August 1, 2006 and terminating close of business August 28,2006, I will impose fines without suspension. Count No.1 - $900.00 fine. Count No.2 - $100.00 fine. ORDER: Imposition of Fine THEREFORE, it is hereby ordered that Licensee pay a fine of$l,OOO.OO within 20 days ofthe 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. The fine must be paid by Treasurer's Check, Cashier's Check, Certified Check or Money Order. Personal checks, which include business-use personal checks, are not acceptable. Please make your guaranteed check payable to the Commonwealth of Pennsylvania and mail to: PLCB - Office of Administrative Law Judge Brandywine Plaza 2221 Paxton Church Road Harrisburg, Pennsylvania 17110-9661 .\ \ . VETS CANTEEN ASS:N. CITATION NO. 05-1806 PAGES Retaining Jurisdiction Jurisdiction is retained to ensure compliance with this Adjudication. I' Jj.. Dated this ~ aay of June, 2006. ;(f~ pm MOTIONS FOR RECONSIDERATION MUST BE RECEIVED WITHIN 15 DAYS OF THE MAILING DATE OF THIS ORDER TO THE OFFICE OF Al)MINISTRA TIVE LAW JUDGE AND REQUIRE A $25.00 FILING FEE. A WRITTEN REQUEST FOR RECONSIDERATION MUST BE SUBMITTED WITH THE FILING FEE. . . OFFICE OF ADMINISTRATIVE LAW JUDGE DOCKET ENTRIES DOCKET NO. 05-1806 DATE 07/21/06 LID - 3820 VETS CANTEEN ASSN. VETS CANTEEN ASSN 130 W KING ST SHIPPENSBURG PA 09 15 05 DATE OF CITATION 09 15 05 CITATION RECEIVED BY ALJ 09 15 05 AVERMENTS: 1. DURING THE PERIODS APRIL 3 THROUGH 9, APRIL 10 THROUGH 16, APRIL 17 THROUGH 23, APRIL 24 THROUGH 30, MAY 1 THROUGH 7, MAY 29 THROUGH JUNE 4, JUNE 5 THROUGH II, JUNE 12 THROUGH 18, JUNE 19 THROUGH 25, JUNE 26 THROUGH JULY 2, JULY 3 THROUGH 9, JULY 10 THROUGH 16, JULY 17 THROUGH 23 AND JULY 24 THROUGH 30, 2005, 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.B. SECTION 4-471 AND SECTION 315(B) OF THE LOCAL OPTION SMAL~ GAMES OF CHANCE ACT, 10 P.S. SECTION 315(B). 2. ON MAY 13 AND AUGUST 5, 2005, FAILED TO MAINTAIN COMPLETE AND TRUTHFUL RECORDS COVERING THE OPERATION OF THE LICENSED BUSINESS FOR A PERIOD OF TWO (2) YEARS 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./cD 10 26 05 PRE-HEARING MEMO COMPLETED BY PA STATE POLICE PRE-HEARING MEMO RECEIVED BY ALJ FROM PA STATE POLICE 10 27 05 PRE-HEARING MEMO SENT TO LICENSEE 11 17 05 RECEIVED ENTRY OF APPEARANCE FROM ATTORNEY: H ANTHONY ADAMS ESQ 49 W ORANGE ST STE 3 SHIPPENSBURG PA 17257-0000 11 18 05 WAIVER RECEIVED. IDA . . OFFICE OF ADMINISTRATIVE LAW JUDGE DOCKET ENTRIES DOCKET NO. 05-1806 DATE 07/21/06 LID - 3820 11 22 05 JUDGE THAU RETURNED THE WAIVER SUBMITTED IN THE ABOVE CAPTIONED MATTER AND DIRECTED THAT A HEARING BE SCHEDULED./PM 03 31 06 JUDGE THAU ISSUED A PRE-HRG. ORDER DIRECTING LICENSEE'S COUNSEL TO SUBMIT LICENSEE'S PRE-HRG. MEMORANDUM TO THIS OFFICE AND TO BUREAU COUNSEL NO LATER THAN THE CLOSE OF BUSINESS APRIL 12, 2006./PM 04 11 06 PRE-HEARING MEMO RECEIVED FROM LICENSEE 05 09 06 APPEARANCE IN THIS MATTER WAS WITHDRAWN BY: H ANTHONY ADAMS ESQ RECEIVED ENTRY OF APPEARANCE FROM ATTORNEY: KARL E ROMINGER ESQ 155 S HANOVER ST CARLISLE PA 17013 - 0000 05 12 06 RECEIVED A PRE-HEARING MEMO FROM KARL ROMINGER, ESQ /DA 05 16 06 HEARING HELD AT 11:30 AM IN HARRISBURG 06 22 06 OPINION AND ADJUDICATION FINE OF $1000.00 DUE 07/12/06 07 19 06 APPEAL FILED TO BOARD BY LICENSEE 07 19 06 BOARD APPEAL FILING FEE OF $35.00 PAID 07 21 06 FULL FINE UNPAID AT THIS DATE 07 21 06 RECEIVED THE BUREAU'S RESPONSE TO LICENSEE'S APPEAL. THE BUREAU REQUESTS THE BOARD AFFIRM THE ORDER OF THE OALJ. /CH 07 21 06 RECORDS CERTIFIED \c 4 .) .). ROMINGER &WHARE '4 A tt 0 r n e ys a t Law Karl E, Rominger Michael J. Whare Michael O. Palermo, Jr Leslie A, Tomeo* * Also admitted in New Jersey July 19, 2006 Pennsylvania Liquor Control Board Attn: Office of Chi.ef Counsel Appeal Unit; Room 401 Capital and Boas Streets Northwest Office Building Harrisburg, Pennsylvania 17124-0001 . RE: Vets'Canteen Assn. PLCB LicenseNo.: CC-5110 Citation No.: 05-1806 Dear Office of Chief Counsel: e:. .." 0 ""'1' C". CS L.. ", c:: 0- r- .." (") l\) ::r 0 m "Ti > o :x- C) c: '@. :;7,; ~;n rr,. r- \;0 Enclosed please fmd the proper paperwork needed to file for an appeal for the above referenced matter. I have also enclosed the fee for said appeal. Should you have any questions, please do not hesitate to contact the office. . . Sincerely, 2/'........ ~ . -" - Karl E. Rominger, Esquire KER/tlp Enclosure cc: Vets Canteen Assn. 155 South Hanover Street, Carlisle, Pennsylvania 17013 . Tel: (717) 241-6070' Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY · ADVICE · ANSWERS :1:1=::0 . f"71 r- C") nL:2 ',,<: ~/"T1 t::" PLCB-1918 9/02 COMMONWEALTH OFPENNSYL VANIA PENNSYLVANIA LIQUOR CONTROL BOARD .~PPEAL OF ADMINISTRATIVE. J LAW JUDGE ADJUDICATION ' OFFICE OF CHIEF COUNSEL (SUBMIT IN ORIGINAL ONL Yi INSTRUCTIONS 1. Remit a $35 fee payable to "PA Liquor Control Board" along with the original of this fully completed Appeal form. 2. Type or print in Blue/Black ink all information except signatures. 3. Attach copy of the Opinion and Adjudication ofthe Administrative Law Judge (AU) 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 Counsel, Appeal Unit, 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 Adjudication). NAME OF LICENSEE PLCB LICENSE NO. CITATION NO. TRADE NAME (IF ANY) o 1 06 ADDRESS OF PREMISES (STREET. RURAL ROUTE, P.O. BOX NO.) (POST OFFICE) (STATE) (ZIP) 130 w. Kin st. NAME OF MUNICIPALITY Shi PA 17257 7. This Appeal will be 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 licensee did not agree to forego the small games of chance license and/or the sale of said games for the month of August. This portion of the Order should be removed, and only fines paid. Further the violations were not willful and all of the proceeds of the games were used to support charity, so a fine is appropriate. SIGN~ uire Attorne icensee 7 19 06 LICENSEE OR AUTHORIZED OFFICER OR COUNSEL FOR LICENSEE DATE ~... \. J PLCB.j'9197/05 COMMONWEALTH OF PENNSYLVANiA .~ . PENNSYLVANIA LIQUOR CONTROL BOARD .1L1CATION FOR SUPERSEDE.) OFFICE OF CHIEF COUNSEL (SUBMIT IN ORIGINAL ONLY) INSTRUCTIONS 1. This Application is to be filed with the Appeal when requesting a supersedeas. In no event shall this Application be filed later than 30 days after the mailing date of the Administrative Law Judge's Opinion and Adjudication. A "supersedeas" is a stay, or delay, of a penalty (payment of fine or imposition of a suspension or revocation) while an Appeal is pending. 2. Send to: Pennsylvania Liquor Control Board, ATTN: Office of Chief Counsel, Appeal Unit, Room 401, Capital and Boas Streets, Northwest Office Building, Harrisburg, PA 17124-0001. 3. Complete the following (as it appears on the ALJ's Opinion and Adjudication) NAME OF LICENSEE PLCB LICENSE NO. CITATION NO. Vets TRADE NAME (IF ANY) CC-5110 05-1806 ADDRESS OF PREMISES (STREET. RURAL ROtiTE. P Q. BOX NO) (PCS T OFFICE) (STATE) fZIP) 1 NAME OF MUNICIPALITY Shi PA 17257 B Cum 4. An Appeal to the Board will not operate as a supersedeas if the licensee has been cited and found to have committed one or more of the following violations: (Unless otherwise indicated, Sections designated are those contained in the Pennsylvania Liquor Code. The Liquor Code is set forth in Title 47 of Purdon's Statutes). Section 493(1) (sales to minors or sales to any person visibly intoxicated). Section 493(10) (lewd entertainment). Section 493(14) (permitting undesirable persons or minors to frequent). Section 493(16) (furnishing or delivering liquor or malt or brewed beverages at unlawful hours). Section 493(21) (right of inspection). Section 611 (licensed premises found to be a public nuisance). Section 481 (c) (mandatory revocations for the accrual of twenty or more points in more than one citation for restaurant and eating place licensees in cities of the first class). If the owner or operator of the license or any authorized agent of the owner or operator is convicted of any violation of: Act of April 14, 1972, (P.L. 233, No. 64), known as "The Controlled Substance, Drug, Device and Cosmetic Act" (See Title 35 of Purdon's Statutes); Crimes Code, Section 5902 (prostitution or related offenses), or Crimes Code, Section 6301 (corruption of minors) (See Title 18 of Pennsylvania Consolidated Statutes). An Appeal shall not act as a supersedeas as to any penalty imposed for anyone or more of the violations set forth above unless the Board determines otherwise upon sufficient cause shown. In cases where supersedeas is requested due to a revocation under Liquor Code section 481 (c), the licensee must demonstrate that it is likely to prevail on the merits. (OVER) .5. I h~rebY apply for a supersedeas of t.ialtY(ieS) imposed.in the Opinion and A. ltion appealed to the Board. I submit as sufficient cause the following: (List below each reason which would demonstrate to the Board that sufficient cause exists for the Board to grant your Application for Supersedeas. Attach additional sheets if necessary.) Your signature should be affixed where indicated below. A timely Appeal has been filed and disposition of the fine should be stayed pending the outcome of the case. ./ LICENSEE OR AUTHORIZED OFFICER , DATE K DATE REVIEWED BY OFFICIAL USE ONLY RECOMMENDATION HEARING DATE BOARD ACTION DATE ICHAIRMAN I MEMBER IMEMBER I I " hnp::~tP.nntS.CQmaCIUSI0nS.htm .. ~iling Date: JUN 22 ~J~ .....hh ~ .) C0tvllv10NWEALTH OF PENNSYLVANIA OFFICE OF ADMINISTRATIVE LAW JUDGE FOR PENNSYL VANIA LIQUOR CONTROL BOARD PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT Citation No. 05-1806 v. Incident No. W03- 3(}7363 LID - 3820 VETS CANTEEN ASSN. 130 W. KING ST. SHIPPENSBURG, P A 17257- 1128 CU11BERLAND COUNTY LICENSE NO. CC-5110 BEFORE: JUDGE THAD APPEARANCES: F or Bureau of Enforcement Thomas M. Ballaron, Esquire Pennsylvania State Police 3655 Vartan Way Harrisburg, Pennsylvania 17110 For Licensee Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 www.latent-prints.com I " . nnp:1 :www.la.[em-pnms.conv.C~USlOns.ntm J .) ADJUDICATION BACKGROUND: This proceeding arises out of a citation that was issued on September 15, 2005, by the Bureau of Liquor Control Enforcement of the Pennsylvania State Police (Bureau) against Vets Canteen Assn. (Licensee), License Number CC-511 O. This citation 1 contains two counts. The first count charges Licensee with violations of Section 471 of the Liquor Code [47 P.S. S4-471] and Section 315(b) of the Local Option Small Games of Chance Act [10 P.S. S315(b)]. The charge is that during the periods April 3 through 9, April 10 through 16, April 17 through 23, April 24 through 30, May 1 through 7, May 29 through June 4, June 5 through 11, June 12 through 18, June 19 through 25, June 26 through July 2, July 3 through 9, July 10 through 16, July 17 through 23 and July 24 through 30, 2005, Licensee, by servants, agents or employes, offered and/or awarded more than $5,000.00 in cash or merchandise in any seven-day period. The second count charges Licensee with violations of Sections 471 and 493(12) [47 P.S. S4-471 and S4-493(12)], Section 311 of the Local Option Small Games of Chance Act [10 P.S. S311] and Section 901 of the Department of Revenue Regulations [61 Pa. Code S901]. The charge is that on May 13 and August 5, 2005, Licensee, by servants, agents or employes, failed to maintain complete and truthful records covering the operation of the licensed business for a period of two (2) years concerning the Local Option Small Games of Chance Act. An evidentiary hearing was conducted on May 16, 2006 at Brandywine Plaza, 2221 Paxton Church Road, Harrisburg, Pennsylvania. After review of the transcript of that proceeding, the following Findings of Fact and Conclusions of Law are entered. W\VW . latent -prints .com . http://,VfWV{.latent-pnnts.COml.l~SlOnS.htm el ) FINDINGS OF FACT: 1. The Bureau began its investigation on March 9, 2005 and completed it on August 9,2005. (N.T.6) 2. The Bureau sent a notice of alleged violations to Licensee at the licensed premises by certified mail-return receipt requested on August 24, 2005. The notice alleged violations as charged in the citation. (Commonwealth Exhibit No. C-l, N.T. 5) 1. Commonwealth Exhibit No. C-2, N.T. 5. Count No.1: 3. For the seven-day periods listed in Count No.1, Licensee awarded prizes in excess of $5,000.00, as follows: Week ending April 9, 2005 - $48,208.00; Week ending April 16, 2005 - $39,785.00; Week ending April 23, 2005 - $44,000.00; Week ending April 30, 2005 - $47,000.00; Week ending May 7, 2006 - $40,000.00; Week ending June 4, 2005 - $43,000.00; Week ending June 11, 2005 - $40,000.00; Week ending June 18, 2006 ;.. $32,000.00; Week ending June 25, 2005 - $42,000.00; Week ending July 2, 2005 - $45,000.00; Week ending July 9, 2005 - $48,000.00; Week ending July 16, 2005 - $39,000.00; Week ending July 23, 2005 - $45,000.00; Week ending July 30, 2005 - $38,000.00. (N.T. 6-8) Count No.2: 4. On the dates charged, Licensee maintained a ticket dispensing machine. Licensee was not maintaining required records with respect to that device. (N.T. 11-12) CONCLUSIONS OF LAW: www.latent-prints.com : nnp:/~W\VW.latent-pnnts.COrn/'Cl~SlOns.ntm . .~ f 1. The notice requirements of Liquor Code Section 471 [47 P.S. 94-471] have been satisfied. 2. Count Nos. 1 and 2 are sustained as charged. PRlOR RECORD: Licensee has been licensed since August 10, 1949, and has had three prior violation(s) since July 1, 1987, the date of establishment of the Office of Administrative Law Judge (Commonwealth Exhibit No. C-3, N.T. 13): Adjudication No. 89-0381. Fine $500.00 and 20 days . - suspenSlOn, Possessed or operated gambling devices or paraphernalia or permitted gambling or lotteries on the licensed premIses (tickets and punchboards). Adjudication No. 94-0938. Fine $400.00. Sales to nonmembers without pnor arrangement. March 16, 1994. Adjudication No. 04-2066. Fine $900.00. 1. Failed to maintain complete and truthful records for a period of 2 years concerning the Local Option Small Games of Chance Act. November 10, 2004. 2. Offered and/or awarded more than $5,000.00 in cash or merchandise in any 7 day period. October 31 through November 6, 2004. 3. Offered and/or gave alcoholic beverages as a pnze. October 6, 2004. www.latent-prints.com I ' . . hnP:I!www.latent-pnnts.cOml.cl~slOns.ntm , .\ J PENALTY: Section 471 of the Liquor Code [47 P.S. 94-471] 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 Count Nos. 1 and 2 in this case. As Licensee has voluntarily agreed to cease operating pursuant to its Small Games of Chance License for a period of 28 days, beginning August 1, 2006 and terminating close of business August 28, 2006, I will impose fines without suspension. Count No. 1 - $900.00 fHle. Count No.2 - $100.00 fine. ORDER: Imposition of Fine THEREFORE, it is hereby ordered that Licensee pay a fme of $1,000.00 within 20 days of the mailing date of this Order. In the event the aforementioned fine is notpaid within 20 days from the mailing date of this Order, Licensee's license shall be suspended or revoked. The fine must be paid by Treasurer's Check, Cashier's Check, Certified Check or Money Order. Personal checks, which include business- use personal checks, are not acceptable. Please make your guaranteed check payable to the Commonwealth of Pennsylvania and mail to: PLCB - Office of Administrative Law Judge Brandywine Plaza 2221 Paxton Church Road . Harrisburg, Pennsylvania 17110-9661 www.latent-prints.com ., ~ttr:/ ~www.latent-pnnts.COm!.Cl~SlOns.htm . J .\ I Retaining Jurisdiction Jurisdiction is retained to ensure compliance with this Adjudication. Dated this th 13- _ day of June, 2006. Felix Thau, A.L.J. pm MOTIONS FOR RECONSIDERATION_MUST BE RECEIVED WITHIN 15 DAYS OF THE MAILING DATE OF THIS ORDER TO THE OFFICE OF ADMINISTRATIVE LAW JUDGE AND REQUIRE A $25.00 FILING FEE. A WRITTEN REQUEST FOR RECONSIDERATION MUST BE SUBMITTED WITH THE FILING FEE. Copyright ~ 2006 Pennsylvania Liquor Control Board. All Rights Reserved. Disclaimer . Close ThisjVindow www.latent-prints.com .... ~J .... \\} +:< + o c:i " .... . RECEIVED P.L.C.B. 06 JUL 20 AM 9: 19 OFFICE OF CHIEF COUNSEL ~' ...... :r:z("))>~~ GlOGl"OS"~ 3 ;::I."Q. -g .. ::J rn' ~ Q;, ' tu ~ rn 0"<-- 'S. C(1)Q)c-o< ...,rn::J::J Q) ee - Q; ;::+ CD ::J -"t! ~ OJ -;0 a or (1)-00_r- ::J 0 Q) ..." -. ~ CD en ~ 2:.g ~ aJen ~g -c-,s:.. <a:<aO()() ~ -' (1) ...... 0 0 -' ::J en 5 ~ Glee ent:; ...... ~~ ::1 OJ ~ g I ..., 8 Q; o ...... - - . ",' .....-.-......-..,.-....--..........-............ 0.....::0 II) (J'I 0 :::L(J'I3 -. (J) -' !!!.o::::l CD....CO - ::. CD -o::r.... CD::cQo ::::l1l)S; ~::::l3' ~~II) ~~Cil 2. (J) 11)_ .... .....CD o"JCD 0- ..... t.3 (.... II.' ~ . . -II _ ' ~ M( :.. . .. ~'g ~ UNlTJ;O - 0 ~ .9..>- [;:; N ~ .r-' "1... 0<""'" --eo') ~ 0>, '0 :n a:> "111 l' 0 NO""" ~ Q\\ f'^ (J) ~Ii' ~ ~o ~" '.-ff ~ '- ~ ! mtt ~ o ;= 0 ::j mlm o O~~::.... O~0f!113.. m <D <!1l111'< ~, tv m ~ ~II s: g (;J ~";}j; ,^'Cl o~~ '.ll . . PLCB-J039 11190 PENNSYLVANIA LIQUOR CONTROL BOARD Harrisburg, Pennsylvania 17124,0001 IN THE PUBLIC INTEREST July 20,2006 Telephone: 717-783-9454 FAX: 717-787-8820 Thomas M. Ballaron, Esquire PENNSYLVANIA STATE POllCE Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, PA 17110 RE: Appeal of: Vets Canteen Assn. 130 W. King Street Shippensburg, PA 17257-1128 Citation No. 05-1806 Dear Mr. Ballaron: Enclosed please find a copy of an appeal recently filed by Karl E. Rominger, Esquire. The filing date of the appeal is July 19, 2006. 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 ten (10) 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, -::r M:IJ 5. i)le~ FAITH S. DIEHL Chief Counsel Enclosures cc: Vets Canteen Assn. Karl E. Rominger, Esquire, Pennsylvania State Police Chief Counsel Chief Administrative Law Judge Eileen S. Maunus J. Stark, Board Secretary State Police Commander, District Office #3 Report Examining Unit, State Police B. Peifer, Bureau of Licensing AN EQUAL OPPORTUNITY EMPLOYER PROCEEDS BENEFIT ALL PENNSYL V ANlANS --- ., . PENNSYLVANIA STATE POLICE OFFICE OF CHIEF COUNSEL BUREAU OF LIQUOR CONTROL ENFORCEMENT 3655 VARTAN WAY HARRISBURG, PA 17110 PHONE: 717-540-7414 FAX: 717-540-7461 r, Governor's Office of General Counsel July 21, 2006 C) 0 ~ (f'l c; ~ rn ~ S?t ~ (") ~ ::J: fii -0 "'" :::s g f') c:: - ?h s::- ';!i "" ?J -orn 'n ~rn n- . ...:::. o:;Jf1"\ .0 Faith Diehl, Esq. PLCB, Office of Chief Counsel Appeal Unit, Room 403 Capitol and Boas Streets Northwest Office Building Harrisburg, PA 17124-0001 RE: Appeal of: Vets Canteen Assn. v. P.S.P.. Bureau of Liquor Control Enforcement Citation No. 05-1806 Dear Ms. Diehl: Thank you for the opportunity to respond to the Licensee's Appeal in the above-captioned matter. Upon review of the Adjudication and the Licensee's submission, the Commonwealth must note that the Licensee has failed to set forth any basis for appeal. The Licensee has not alleged that the Administrative Law Judge committed an error of law nor that he failed to base his findings of fact upon substantial evidence. For this reason, the Commonwealth respectfully requests this Honorable Board to affirm the Adjudication and Order of the OALJ. Sincerely, ~~ Thomas M. Ballaron evL Assistant Counsel cc: Karl E. Rominger, Esq. Office of Administrative Law Judge District Enforcement Office No.3 Commander Report Examination Unit Supervisor An Internationally Accredited Law Enforcement Agency '. .,. . . Mailing Date: August 2, 2006 PENNSYLVANIA LIQUOR CONTROL BOARD HARRISBURG, PA 17124-0001 PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL: ENFORCEMENT Citation No. 05-1 806 vs. VETS CANTEEN ASSOCIATION 130 West King Street Shippensburg, PA 17257-1128 License No. CC- 511 0 Counsel for Licensee: Karl E. Rominger, Esquire Rominger & Whare 1 55 South Hanover Street Carlisle, PAl 701 3 Counsel for Bureau: Thomas M. Ballaron, Esquire PENNSYLVANIA STATE POLICE, Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, PAl 7110 OPINION Vets Canteen Association ("Licensee") appealed from the Adjudication and Order of Administrative Law Judge Felix Thau (" ALJ"), wherein the AL] sustained both counts of the citation and imposed a penalty consisting of a fine in the amount of one thousand dollars ($1,000.00). V,, . . The citation contained two counts. The first count charged Licensee with violations of section 471 of the Liquor Code [47 P.S. 9 4-471] and section 315(b) of the Local Option Small Games of Chance Act [lOP .S. 9 31 5 (b)], in that during the periods April 3 through 9, April 10 through 16, April 17 through 23, April 24 through 30, May 1 through 7, May 29 through June 4, June 5 through 11, June 12 through 18, June 19 through 25, June 26 through July 2, July 3 through 9, July 10 through 16, July 17 through 23 and July 24 through 30, 2005, Licensee, by its servants, agents or employees, offered and/or awarded more than five thousand dollars ($5,000.00) in cash or merchandise in any seven (7)-day period. The second count charged Licensee with violations of sections 471 and 493(12) of the Liquor Code [47 P.S. 99 4-471, 4-493(12)], section 311 of the Local Option Small Games of Chance Act [lOP .S. 9 311] and section 901 of the Department of Revenue Regulations [61 Pa. Code ~ 901], in that on May 13 and August 5, 2005, Licensee, by its 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 concerning the Local Option Small Games of Chance Act. 2 " . . Pursuant to section 471 of the Liquor Code [47 P .S. ~ 4-471], the appeal in this case must be based solely on the record before the AL]. The Board shall only reverse the decision of the AL] if the AL] committed an error of law or abused his discretion, or if his decision was not based upon substantial evidence. The Commonwealth Court has defined "substantial evidence" to be such relevant evidence as a reasonable person might accept as adequate to support a conclusion. Joy Global, Inc. v. Workers' Compensation Appeal Bd. (Hogue), 876 A.2d 1098 (Pa. Cmwlth. 2005); Chapman v. Pennsylvania Bd. of Probation and Parole, 86 Pa~ Cmwlth. 49, 484 A.2d 413 (1984). On appeal, Licensee contends that it did not agree to forego the small games of chance license and/or the sale of said games for the month of August 2006. Licensee desires for this portion of the Order to be removed and be made only to pay the fines. Licensee claims that the violations were not willful and all of the proceeds of the games were used to support charity. In the record, counsel for the Pennsylvania State Police, Bureau of Liquor Control Enforcement ("Bureau") recommended a penalty consisting ofa fine of one thousand five hundred dollars ($1,500.00), and a five (5)- day suspension of the license. (N.T. 23-24). The AL] stated that, if 3 ,. . . Licensee would agree, within three (3) weeks, to voluntarily stop using its small games of chance license for twenty-eight (28) consecutive days between August 1, 2006 and August 28, 2006, he would take that into consideration when fashioning the penalty in this matter. (N.T. 22-23, 31). Counsel for Licensee stated that he would provide a letter to the ALJ within three (3) weeks. (N.T.31-32).1 In his Adjudication, mailed June 22, 2006, the AL) stated, "[a]s Licensee has voluntarily agreed to cease operating pursuant to its Small Games of Chance License for a period of 28 days, beginning August 1, 2006 and terminating close of business August 28, 2006, I will impose flnes without suspension." Thereafter, he imposed a flne of one thousand dollars ($1,000.00). (Admin. Notice). In its appeal, Licensee avers that it "did not agree to forego the small. games of chance license and/or the sale of said games for the month of August" and, therefore, that representation in the ALl's Order should be removed, leaving Licensee subject only to payment of the fine of one thousand dollars ($1,000.00). (Admin. Notice). 1 The record is devoid of any mention as to whether the ALJ ever received a letter from Licensee's counsel. 4 . . . In light of the fact that the AL] clearly intended to fashion a penalty without suspension if Licensee agreed to cease using its small games of chance license for August of 2006, and the fact that Licensee did not agree to cease using its small games of change license for August of 2006, the Board will remand this matter to the Office of the Administrative Law Judge for review and administration of the ordered penalties. Therefore, the following Order is hereby issued: 5 ... . . ORDER It is hereby ordered that jurisdiction in this matter is remanded to the Office of Administrative Law Judge of the Pennsylvania Liquor Control Board for review and administration of the ordered penalties, and for any further administration and to ensure compliance with this Order. ~)(~, If Board Secretary 6 .. . . PENNSYLVANIA LIQUOR CONTROL BOARD OFFICE OF ADMINISTRATIVE LAW JUDGE ATTESTATION/CERTIFICATION OF OFFICIAL RECORDS TO: DIRECTOR OF LICENSING 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 is a true and correct copy. Docket Entries and Opinion(s) issued by the Office of Administrative Law Juqge in Citation No(s). 05-1806 issued in the name of: ::::: ~ (") CI) m tT1 o -0 ." ~ ... i=ii .,,-0 (") :x: 10 ...'" c:. ."'" 4It ... 'A ~ en VETS CANTEEN ASSN. 130 W. KING ST. SHIPPENSBURG, PA 17257-1128 Date: September 13, 2006 Gloria M. Spidle 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: September 13, 2006 ;:0 :-O.fTJ r- C":) . .m ("') - ,. -< !Drn o .. . . Mailing Date: AUG 1 5 2006 COMMONWEALTH OF PENNSYLVANIA OFFICE OF ADMINISTRATIVE LAW JUDGE FOR PENNSYLVANIA LIQUOR CONTROL BOARD PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT Citation No. 05-1806 Incident No. W03-307363 v. LID - 3820 VETS CANTEEN ASSN. 130 W. KING ST. SHIPPENSBURG, PA 17257-1128 CUMBERLAND COUNTY LICENSE NO. CC-51l0 OPINION AND ORDER UPON REMAND ORDER FROM THE PENNSYLVANIA LIQUOR CONTROL BOARD Opinion: I entered an Order on June 22,2006, imposing a $1,000.00 fine. On July 19, 2006, Licensee filed an appeal to the Pennsylvania Liquor Control Board. On August 2, 2006, the Pennsylvania Liquor Control Board ordered that jurisdiction in this matter is remanded to the Office of Administrative Law Judge for review and administration of the ordered penalties and for any further administration and to ensure compliance with the Order. Accordingly, I impose a $1,000.00 fine and a ten days suspension. . . VETS CANTEEN ASSOCIATION Citation No. 05-1806 PAGE 2 ORDER: Reimposition of Fine THEREFORE, it is hereby ordered that Licensee pay a fine of $1,000.00 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. The fine must be paid by Treasurer's Check, Cashier's Check, Certified Check or Money Order. Personal checks, which include business-use personal checks, are not acceptable. Please make your guaranteed check payable to the Commonwealth of Pennsylvania and mail to: PLCB - Office of Administrative Law Judge Brandywine Plaza 2221 Paxton Church Road Harrisburg, Pennsylvania 17110-9661 Imposition of Suspension IT IS FURTHER ORDERED that the Catering Club liquor license of Vets Canteen Association, License No. CC-511 0, be suspended for a period of ten days, . BEGINNING at 7:00 a.m., on Friday, October 6, 2006, and ENDING at 7:00 a.m., on Monday, October 16, 2006. Licensee is directed, on Friday, October 6, 2006, at 7:00 a.m., to place a 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 Monday, October 16,2006, at 7:00 a.m., to remove the placard of suspension and return its license to its original wall location. , . VETS CANTEEN ASSOCIATION Citation No. 05-1806 Retaining Jurisdiction . PAGE 3 Jurisdiction is retained to ensure compliance with this Adjudication. Il{..1- Dated this ~ day of August, 2006. pm .~.~. -r .. ,,/ /.::j . . '-.... "'" I Felix hau, A.LJ. . PLCI3-1918 9/02 , . COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA LIQUOR CONTROL BOARD .~PPEAL OF ADMINISTRATIVE. I. LAW JUDGE ADJUDICATION OFFICE OF CHIEF COUNSEL (SUBMIT IN ORIGINAL ONLY) INSTRUCTIONS 1. Remit a $35 fee payable to "PA Liquor Control Board" along with the original of this fully completed Appeal form. 2. Type or print in Blue/Black ink all information except signatures. 3. Attach copy of the Opinion and Adjudication of the Administrative Law Judge (AU) that is the subject of the Appeal. 4. Appeal must be filed or postmarked within 30 calendar days of the mailing date of the AU's Opinion and Adjudicatibn; untimely filed Appeals will be dismissed. 5. Send Appeal to: Pennsylvania Liquor Control Board, ATTN: Office of Chief Counsel. Appeal Unit, Room 401, Capitol and Boas Streets, Northwest Office Building, Harrisburg, PA 17124-0001. 6. Complete the following (as it appears on the AU's Opinion and Adjudication). NAME OF LICENSEE PLCB LICENSE NO. CITATION NO. Vets Canteen Association CC-5110 05-1806 TRADE NAME (IF ANY) ADDRESS OF PREMISES (STREET, RURAL ROUTE. P.O. BOX NO.) (POST OFFICE) (STATE) (ZIP) 130 WEST KING STREET, SHIPEENSBURG, PA ! &@%& NAMEOF MUNICIPALITY Borough of Shippensburg COUNTY Cuinber land 7. This Appeal will be considered solely on the record made before the Administrative Law Judge. In numbered paragraphs, specify how the Administrative Law Judge committed an error of law or abused his/her discretion or how his/her decision was not based on substantial evidence. (Attach additional sheets if necessary.) The violations were not willful and the proceeds of the games vvere used to benefit charity. A fine is appropriate to punish and prevent recidivism. Q 0 .." .$; ~ 0'\ C) en ITl m 0 -0 ;;0 .." :-0("11 C) N r-n ::t: . rrt iTi C')- -., :D- . < n :E: ?'rn 0 '9 0 c ;;r; ". ,/} &:'" rr"/ r- >iGNATURE OF LICENSEE OR AUTHORIZED OFFICERORcOlJNSEL FOR LICENSEE .~ ... 1Je,{ It 2- 0 d6 '. '. ' PlCB-1919 7/05 COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA LIQUOR CONTROL BOARD e-\ . \ At-~LlCA TION FOA SUPERSEDEAS J OFFICE OF CHIEF COUNSEL (SUBMIT IN ORIGINAL ONLY) INSTRUCTIONS 1. This Application is to be filed wIth the Appeal when requesting a supersedeas. In no event shall this Application be filed later than 30 days after the mailing date of the Administrative Law Judge's Opinion and AdjudicatIon. A "supersedeas" is a stay, or delay, of a penalty (payment of tine or imposition of a suspension or revocation) while an Appeal is pending. 2. Send to: Pennsylvania Liquor Control Board, ATTN: Office of Chief Counsel, Appeal Unit, Room 401, Capital and Boas Streets, Northwest Office Building, Harrisburg, PA 17124-0001. 3. Complete the following (as it appears on the ALJ's Opinion and Adjudication) NAME OF LICENSEE Vets Canteen Association PlCB LICENSE NO. cc-5110 CITATION NO. 05-1806 TRADE NAME (IF ANY) ADDRESS OF PREMISES (STREET, RURAL ROIJTE, P.O. BOX NO.) (POST OFFICE) (STATE) (ZIP) 130 West King Street, Shippensburg, PA 17257 NAME OF MUNICIPALITY . . Borough of Shippensburg ICDU~ Cumberland 4. An Appeal to the Board will not operate as a supersedeas if the licensee has been cited and found to have committed one or more of the following violations: (Unless otherwise indicated, Sections designated are those contained In the Pennsylvani,a Liquor Code. The Liquor Code is set forth in Title 47 of Purdon's Statutes). Section 493(1) (sales to minors or sales to any person visibly intoxicated). Section 493(10) (lewd entertainment). Section 493(14) (permitting undesirable persons or minors to frequent). Section 493(16) (furnishing or delivering liquor or malt or brewed beverages at unlawful hours). Section 493(21) (right of Inspection). Section 611 (licensed premises found to be a public nuisance). Section 481 (c) (mandatory revocations for the accrual of twenty or more points in more than one citation for restaurant and eating place licensees in cities of the first class). If the owner or operator of the license or any authorized agent of the owner or operator is convicted of any violation of: Act of April 14, 1972, (P.L. 233, No. 64), known as "The Controlled Substance, Drug, Device and Cosmetic Act" (See Title 35 of Purdon's Statutes); Crimes Code, Section 5902 (prostitution or related offenses), or Crimes Code, Section 6301 (corruption of minors) (See Title 18 of Pennsylvania Consolidated Statutes). An Appeal shall not act as a supersedeas as to any penalty imposed for anyone or more of the violations set forth above unless the Board determines otherwise upon sufficient cause shown. In cases where supersedeas is requested due to a revocation under Liquor Code section 481 (c), the licensee must demonstrate that it is likely to prevail on the merits. ,,-...,\ Ir--r-n ',. .. . 5. 'hereby apply for a supersedeas of th~)tY(ie8) imposed in the Opinion and Adjudi"lm appealed to the Board. I submit as sufficient cause the following: (List below each reason which would demonstrate to the Board fhat sufficient cause exists for the Board to grant your Application for Supersedeas. Attach additional sheets If necessary.) Your signature should be affixed where indicated below. 1. The suspension is substantial, and great prejudice will result if the adjudication is overturned, after the suspension is over. 2. Delaying the suspension will not prejudice the Commonwealth. 3. Appellant has paid the fine. ;IGNATURE OF LI _/THORIZED OFFICER,. DATt:t/1l / O~ / . OFFICIAL USE ONLY ATE ~/ REVIEWED BY RECOMMENDATION HEARING DATE /' OARD ACTION DATE CHAiRMAN MEMBER MEMBER .~'ir', i Iv fl;';: .. 1/1'- " J./F'- Ui/I'" : iff") l' .!...l, l Jj ::~~ ~ ./,~. ,1/1'... '~~iJ;$~~~it~\Cf~7JY i' " . ~) - <;-'l'II " (J 11, ~ ' I, --.7"--: ...-.: -- Mailing Date: AUG i 5 2006 C", '" \' t." ...., .~- J -<y . COMMONWEALTH OF PENNSYLVANIA OFFICE OF ADMINISTRATIVE LAW JUDGE FOR PENNSYLVANIA LIQUOR CONTROL BOARD PENNSYLVANIA ST A IE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT Citation No. 05-1806 Incident No. W03-307363 v. LID - 3820 VETS CANTEEN ASSN. 130 W. lONG ST. SHIPPENSBURG, PA 17257-1128 CUMBERLAND COUNTY LICENSE NO. CC-5110 OPINION AND ORDER UPON REMAND ORDER FROM THE PENNSYLVANIA LIQUOR CONTROL BOARD Opinion: I entered an Order on June 22, 2006, imposing a $1,000.00 fine. On J ul y 19, 2006, Licensee filed an appeal to the Pennsylvania Liq uor Control Board. On August 2, 2006, the Pennsylvania Liquor Control Board ordered that jurisdiction in this matter is remanded to the Office of Administrative Law Judge for review and administration of the ordered penalties and for any further administration and to ensure compliance with the Order. Accordingly, I impose a $1,000.00 fine and a ten days suspension. ~ . ) VETS CANTEEN ASSOCIATION Citation No. 05-1806 PAGE 2 ORDER: Reimposition of Fine THEREFORE, it is hereby ordered that Licensee pay a fine of $1 ,000.00 within 20 days ofthe 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. The fine must be paid by Treasurer's Check, Cashier's Check, Certified Check or Money Order. Personal checks, which include business-use personal checks, are not acceptable. Please make your guaranteed check payable to the Commonwealth of Pennsylvania and mail to: PLCB - Office of Administrative Law Judge Brandywine Plaza 2221 Paxton Church Road Harrisburg, Pennsylvania 17110-9661 Imposition of Suspension IT IS FURTHER ORDERED that the Catering Club liquor license of Vets Canteen Association, License No. CC-511 0, be suspended for a period of ten days, BEGINNING at 7:00 a.m., on Friday, October 6,2006, and ENDING at 7:00 a.m., on Monday, October 16,2006. Licensee is directed, on Friday, October 6, 2006, at 7:00 a.m., to place a placard of notice of suspension (identified as Form No. PLCB-1925 and as printed with red and black ink) in a conspicuous place ort 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 Monday, October 16,2006, at 7:00 a.m., to remove the placard of suspension and return its license to its original wall location. ", , e-; VETS CANTEEN ASSOCIATION Citation No. 05-1806 Retaining Jurisdiction . PAGE 3 Jurisdiction is retained to ensure compliance with this Adjudication. "/~ Dated this ~ day of August, 2006. pm ~/ 1If..P~ ..',. '--:,.,' I" .~ " I' / .,..1-" ,,' I,V --'"~ I'-~ ~!y;" "--""~-:.' "".'~~"', <0" 1" 'I '.,.tIt' ......... ,r ~ .......~ '_'I_ l Felix 'Thau, A.L.J. / PL.CB-I039 11190 . . PENNSYLVANIA LIQUOR CONTROL BOARD Harrisburg, Pennsylvania 17124-0001 IN THE PUBLIC INTEREST September 12, 2006 Telephone: 717-783-9454 FAX: 717-787-8820 Thomas M. Ballaron, Esquire PENNSYLVANIA STATE POLICE Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, PA 17110 RE: Appeal of: Vets Canteen Association 130 West King Street Shippensburg, P A 17257 Citation No. 05-1806 Dear Mr. Ballaron: Enclosed please find a copy of an appeal rec.ently filed by Karl E. Rominger, Esquire. The filing date of the appeal is September 11, 2006. 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 ten (10) 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 trol Y yours, ::r~5.Dle~ FAITHS. DIEHL Chief Counsel Enclosures cc: Vets Canteen Association Karl E. Rominger, Esquire, Pennsylvania State Police Chief Counsel Chief Administrative Law Judge Eileen S. Maunus J. Stark, Board Secretary State Police Commander, District Office #3 Report Examining Unit, State Police B. Peifer, Bureau of Licensing AN EQUAL OPPORTUNITY EMPLOYER PROCEEDS BENEFIT ALL PENNSYLVANIANS ?EP.1S:2006 14:40 717 540 7~ PSP/LCE LEGAL OFFICE H~A. H8S7 P.001/004 PENNSYLVANIA STATE POLICE BUREAU OF I.IQUOR CONTROL ENFORCEMENT 3655 VARTAN WAY HARRISBURG, PA 17110 (717) 540-7414 ~ Fax: (717) 540-7461 FAX TRANSMISSION COVER SHEET Date: 09tL8/0a. To; Eaith Diehl. PLCa_Cblef Counsel #=ax: 717-757..8820 Re: o Thomas M. Ballaro", J:sq. o Andrew J. Lovette, Esq. f Connfe L. Davis, legal Assistant o Vacancy, Law Clerk 0S-1806. Vets Canteen ~ From: Memo: AttachfJd. fs_.JIJ-e Bureau's ResDonse to Licensee's AtJDeal and Automatic SUDeraed.as. Orlalnal wss "laced in First Class M,II. - YOU SHOULD RECEIVE...L PAGE(S), INCLUDING THIS COVER SHEIiT.IF YOU 00 NOT RECEIVE ALL THE PAGES, PI.EASE CALL. (711) 540-1414. CO~FIDeNnALITY NOTE: The document(a} accompanyfnq thfl5 facelmll., tranaml..ion contaIn l"fqrm8t1o,", thtlt 18 confidonti:1f and privileged .nd is Intended only for the ldI8 of the add,...... d.'gn.tlrd abovt. If you ai'll not the intend~d 1'&ctptent. y~u are he,.by notified that dt8CIDIU"" eopylrag, CflatrlJJutJon or taking or any .GlIon In relliilnge on ttte contents of thIs teleeop'G(llnfOfflllltJOn 'I> strictly prottlblT.ec:t. If you ",c.lve this taG15lmlle in error, pr... rtotlfy ftI. Permsvlvoa",a State Police Bnd return the original me.sage to ou, office by mill. An IntemlltlDnlJlly Accredited LlJw Enforcement Agency SEP.18'2006 14:40 717 540 74. PSP/LCE LEGAL OFFICE HtllJA. #4 857 P, 002/004 PENNSYL.VANIA STATE POLICE OFFICE OF CHIEF COUNSEL BUREAU OF LIQUOR CONTROL ENFORCEMl;NT :saGG VARTAN WAY HARRrS8URG, PA 17110 PHONE: 7'1"-540.1414 FAX: 7110640-7481 . GOv$mor'& Offioe of Ge"~l"$1 Coyn$el September 1. 8. 2006 Sent by Facsimile and First Class Mall Faith DiclU, Esq. Pa. Liquor Control Board. Offi.ce of alief Counsel Appeal. Unit, Room 403 Capi.tol an,d Boas Streets Northwest OfficI: Building Harrisburg, PAl 7124-0001 RE: P.S.P., BJlteQU of Li.auor Control Enforcement V8. Vets Canteen. A4i;n. Ci.tation No. 05-1806; (Response to Appeo/lInd to Alltbl#ttJ.lic Supersedeas) Dear Ms. Diehl: This response to Vets Canteen Assn.'s second Appeal and Request for Supersedeas is flIed under the authority of40 Pa.Code ~ 17.21 (b)(S) tilnd ~ 17.31(e)~ which provide ten (10) days to respond to both an Appeal and a Request for Supersedeas,t fA) RF,SPONSE TO APPEAL! 1. LJ~~"see's First Appeal: Licensee's initial appea.l was filed. July 19,2006, from an adjudication issued by ]I,fdge Tbau imposing a penalty of $1,000 ($900 for Count I; $100 for Count. 2). TIte only point raised by the Licell$ee in its first appeal was the propriety of Judge Thau,'s statement in the Adjudication that the Licensee "has voluntarily agreed to cease operating pursuant 1:0 its Small Games of Chance license for a period of28 days... ." Slip Op. at 5,. In the f'rrst appeal.. the Licensee failed to raise any question or issue with respect to whether Judge 1'11111,1 based the Findill.gs of Fact in tbe Adjudication upon substantial evidence of I In its correspondence of September 12,2006, the Board mistakenly providli:d the Commonwealth with five (5) daY$ to resl'ond, to the Li.~nscc:'s AppliclItion for Supersedeas. _..... An Infemst/onafly Accredited Lsw E"forcem~"t Age"cy ~EP.1e~2006 14:40 717 540 74. PSP/LCE LEGAL OFFICE H'llJA. #4857 P.003/004 F ait.h Diehl. Esq. PLeB, Office (If Chief Counsel . Veb Canteen Assn., Citation No. OS-1806 (Response f.(J Appeal (l.nd to Automatic S,,,ersedeasj Page 2 Septem.ber 18. 2006 r.ecord, whethet Judge Thau committed an error of law or abused his discretion. Because these issues were not raised and preserved in the Licensee's first appeal, they have been waived with respect to the present appeaL The Board subsequently reviewed the record end found that Judge Thau hlld made a mistake wi.th, r.espect to the Licensee's commitment to forgo sales ofsmalJ. games of chanco: and subsequently remanded. the case to tM AU for the imposition of an, appropriate penalty. . Foll.owing a conference call, Judae Thau issued th.e present Adjudication, re- imposing the $1 fOOD fine and adding a ten (10) days suspension. The date of the Opinion and Order Upon Remand was August 14th (Mailing Date: August 15,2006). It is from this order that the Licensee filed its second a:p~al. 2. Llcen.see's Second Appeal: The current Appeal before the Board, filed in a timely manner by the Licensee, states as follows: The vioJationE: wm not willfld and the proceeds of the games were used to benefit charity. A fine i5 appropriate to punish and prevent recidivi.sm.. As in. the first appeaJj the Licensee failed to provide any detW.l~ references to the reeor.d. or argum,ent in support of its appeal. The Licensee is essentially complainine tbat It does not like the sanction imposed. by Jud.ge Thau and therefore the Board should alter it. It should be noted that t.he Licensee has Jost i1$ opportunity to challenge the issues of "substantial evidence" and .~error of law" by Dot pursuing these issues in its first appeal. The Licensee d.oe$ n,ot get a ~ecoDd chance at these issues simply because it does not agree with the sanction. imposed by the ALJ. The only issue available for the Licensee to raise in the current Appeal is whether the AU ahused its discretion in impoSIDa a tine and suspenslQr;l in r~sponse to the LIcensee's oonduct. , It is evident that the ten (10) days suspensi.on i$ well. within. the authority of the AI,] ~nd rb~e is no evidence that the ALl abused its discretion in any manner in im.posing this $ancti~n. ~EP.18',2006 14:41 717 5407. PSP/LCE LEGAL OFFICE HtllJA. #4857 P.004/004 Faith DIehl. Esq. PLCB~ Office of Chief Counsel Vets CIlDteen Assn., Citation No. 05-1806 (Response to Appeal find to Automfltic Supersedeas) Page 3 September J.8. 2006 As this Honorable Board is a,ware. the Pennsylvania Supreme Court has set forth a three-part test to dttermine whether a court bas abused its discretion: (1) is the judgment of the Court contrary to the governing law; (2) is the judgment ofth~ Court ID8Ilifestly unreasonable as demonstrated by the evidence of record; (3) is the judgment of the Court the result of partiality, prejudice, bi.as or ilJ.will as illustrated by the evi.dence ofr~Qrd. Uflimey v. Commfmwe<<lth, Pennqlva"i" Liquor Confrol Board, 602 A.2d 1300 (pa. 1992) citing Kelly Y. County of AI/eg/,e1il~ 546 A.2d 608 (Pa. 1988). Also see Pen,IIS,IWlnill. Stlltl! Police, BLCE v. Liberty Society of Er/~, 623 A.2d 3'1. (p.~.CmWlth. 1993). For the reasons set forth above, the Licellseets AppeQI should be summarily dismissed. (8) REQUEST TO VACATE A UTOMA TIC SUPERSEDEAS: The Licensee is entitled to an automatic supersedeas pursuant to 9 4-47'1 (b). However, the Wllu.re of the miscOndlJct which is central to this Citation involved the willful acts of the Licensee in viola.ting the Local Options Small Games of Chance Act. More particularly, because the Licensee has demonstrated absolut.ely nD basis for appeal~ there is "sufficient cause" upon which this Board may vacate the rmtomatic supersedeas. To fail to do so under these circumstances would be to etl.courage frivolous 8J?peals by the licensee comm.t1uity. Therefore, the Comm,onwealth respectfu.lly requests thIs HODorable Board ~o v~ca.te the Licensee's automatic super~deas. ;;~ ~~ Thomas M, Ball aron, Assistant C01.IDsel cc: Karl E. Romingcr~ Esq. Office of Administrative ~w Judge Distri.ct Enforcemen.t Office NO.3 Commander Report Examination Unit SupervisQr . . Mailing Date: October 4, 2006 PENNSYLVANIA LIQUOR CONTROL BOARD HARRISBURG, PA 17124-0001 PENNSYLVANIA STATE POLICE, Citation No. 05-1806 BUREAU OF LIQUOR CONTROL ENFORCEMENT vs. VETS CANTEEN ASSOCIATION 130 West King Street Shippensburg, PA 17257-1128 License No. CC-5110 Counsel for Licensee: Karl E. Rominger, Esquire Rominger & Whare 1 55 South Hanover Street Carlisle, PA 17013 Thomas M. Ballaron, Esquire PENNSYLVANIA STATE POLICE, Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, PAl 7110 Counsel for Bureau: OPINION Vets Canteen Association ("Licensee") appealed from the Opinion and Order Upon Remand Order From The Pennsylvania Liquor Control Board ("Board") of Administrative Law Judge Felix Thau ("ALJ"), wherein the ALJ, upon remand from the Board, re-imposed a penalty consisting of a fine . . . . in the amount of one thousand dollars ($1,000.00) and added a license suspension of ten (10) days. The citation contained two counts. The first count charged Licensee with violations of section 471 of the Liquor Code [47 P.S. 9 4-471] and section 315(b) of the Local Option Small Games of Chance Act [lOP. s. 9 31 5 (b)], in that during the periods April 3 through 9, April 10 through 16, April 17 through 23, April 24 through 30, May 1 through 7, May 29 through June 4, June 5 through 11, June 12 through 18, June 19 through 25, June 26 through July 2, July 3 through 9, July 10 through 16, July 17 through 23 and July 24 through 30, 2005, Licensee, by its servants, agents or employees, offered and! or awarded more than five thousand dollars ($5,000.00) in cash or merchandise in any seven (7)-day period. The second count charged Licensee with violations of sections 471 and 493(12) of the Liquor Code [47 P.S. 99 4-471, 4-493(12)], section 311 of the Local Option Small Games of Chance Act [lOP .S. ~ 311] and section 901 of the Department of Revenue Regulations [61 Pa. Code 9 901], in that on May 13 and August 5, 2005, Licensee, by its servants, agents or employees, failed to maintain complete and truthful records 2 " . . covering the operation of the licensed business for a period of two (2) years concerning the Local Option Small Games of Chance Act. In his original Adjudication and Order dated June 22, 2006, the AL] sustained both counts of the citation and imposed a penalty of a fine of one thousand dollars ($1,000.00). He stated that no suspension was being imposed because Licensee had "... voluntarily agreed to cease operating pursuant to its Small Games of Chance License for a period of 28 days, beginning August 1, 2006 and terminating close of business August 28, 2006...." [Page 4]. In Licensee's appeal to the ALl's June 22, 2006 decision, Licensee disputed that it had made such an agreement, and requested that it be permitted to only pay the fine. Neither the Notes of Testimony of the hearing before the AL) on May 16, 2006, nor the record reflects any agreement by Licensee to forego operations pursuant to its small games of chance license. By Opinion and Order of the Board mailed on August 2, 2006, remand of this matter was remanded to the AL) for imposition of penalties consistent with the record and the Board's Opinion. The ALl's Opinion and Order Upon Remand From The Pennsylvania Liquor Control Board, mailed 3 '. . . . . on August 15, 2006, re-imposed the penalty of a fine of one thousand dollars ($1,000.00) and added a license suspension of ten (10) days. In its current appeal, filed timely on September 11, 2006, Licensee alleged that the violations were not willful, and the proceeds of the games were used for charity. Licensee also opined that a fine is sufficient to punish licensee and prevent recidivism. Pursuant to section 471 of the Liquor Code [47 P.S. 9 4-471], the appeal in this case must be based solely on the record before the AL]. The Board shall only reverse the decision of the AL] if the AL] committed an error of law or abused his discretion, or if his decision was not based upon substantial evidence. The Commonwealth Court has defined "substantial evidence" to be such relevant evidence as a reasonable person might accept as adequate to support a conclusion. Joy Global, fne. v~ Workers' Compensation Appeal Bd. (Hogue), 876 A.2d 1098 (Pa. Cmwlth. 2005); Chapman v. Pennsylvania Bd. of Probation and Parole, 86 Pa. Cmwlth. 49, 484 A.2d 413 (1984). The record in this matter reflects that counsel for the Pennsylvania State Police, Bureau of Liquor Control Enforcement ("Bureau") recommended a 4 . . penalty consisting of a fine of one thousand five hundred dollars ($1,500.00), and a five (5)-day suspension of the license. (N.T.23-24).1 The merits of the Bureau's charges against Licensee will not be addressed in this appeal as the appeal is only from the new penalty imposed by the AL] in his August 15, 2006 decision. The imposition of penalties is the exclusive prerogative of the AL]. The Board may not disturb penalties imposed by the AL] if they are within the parameters set forth in the Liquor Code. Section 471 (b) of the Liquor Code [47 P.S. 9 4-471 (b)] provides , that the AL] shall "immediately suspend or revoke the license, or impose a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($ 1 ,000), or both" for offenses of the type set forth in this citation. Because the penalty set forth by the. AL] is clearly permissible and within the scope of section 471,. the Board has no authority to alter it. Therefore, the decision of the AL] is affirmed. 1 Licensee previously had been adjudicated responsible for gambling violations similar to those in the instant citation. In Citation No. 04-2066, Licensee was assessed a penalty of nine hundred dollars ($900.00) for (1) failure to maintain complete and truthful records for a period of two (2) years concerning the Local Option Small Games of Chance Act on November 10, 2004; (2) offering and/or awarding more than five thousand dollars ($5,000.00) in cash or merchandise in any seven (7)-day period from October 31 through November 6, 2004, and (3) offering and/or giving alcoholic beverages as a prize on October 6, 2004. 5 . . ORDER The decision of the AL] is affirmed. The appeal of Licensee is dismissed. , Licensee has paid the fine in the amount of one thousand dollars ($ 1/000.00). It is hereby ordered that Licensee/s Catering Club Liquor License No. CC- 5110 be suspended fora period of ten (10) days beginning at 7:00 a.m. on Friday/ November 17/ 2006 and ending at 7:00 a.m. on Monday/ November 27/ 2006. Licensee is directed on Friday/ November 17/ 2006 at 7:00 a.m. to place a Notice of Suspension placard (Form No. PLCB-1925) 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 its license from the wall and place it in a secure location. Licensee is authorized on Monday/ November 27/ 2006 at 7:00 a.m. to remove the suspension placard and return its license to its original wall location. c"' . . Licensee must comply with all other terms and conditions of the ALl's August 14, 2006 Order. ~)(~ v Board Secretary 2 o ~~~;. ~ .-1 ~?J ',-;--: " -.I (J, ~;;l ~ -! ) ;'.~\ .'-~rn - I ';:-:'\ ~(:O :..::. -, .-::~.. ~ ""! 0..;-,," ~) f-..) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT : CIVIL ACTION NO. 06-6379 CIVIL TERM v. : CITATION NO. 05-1806 VETS CANTEEN ASSN., 130 W. KING STREET SHIPPENSBURG, Pa 17257"'1128 CUMBERLAND COUNTY : LID # 3820 : LICENSE NO. CC-511 0 LICENSE FIRST ISSUED: August 10, 1949 LICENSEE'S ANSWER TO COMMONWEATH'S RESPONSE TO PETITION FOR REVIEW AND REQUEST TO VACATE AUTOMATIC SUPERSEDEAS 1. Admitted. 2. Denied. Licensee contends that no argument, references to the record or case law support for its contention need be given due to the fact that the courts of common pleas are still required, under 47 P.S. S 4-471, to conduct de novo review on questions oflaw, fact, administrative discretion and such other matters as are involved and, in the exercise of its statutory discretion, to make its own findings and conclusions. Based upon its de novo review, it may sustain, alter, change, modify or amend the board's action whether or not it makes findings which are materially different from those found by the board or the administrative law judge. 3. Denied. 4. Denied. 5. Admitted. WHEREFORE, Licensee respectfully requests that this Honorable Court sustain Licensee's Appeal. REQUEST TO VACATE AUTOMATIC SUPERSEDEAS 6. Admitted. 7. Admitted. 8. Denied. Petitioner contends that there is basis for the appeal due to the fact that there are questions of law and administrative discretion that must be dealt with before the Court can dispose of the case. In addition, without the requested relief the only harm that will be suffered will be to the Licensee. Witmer v. Commonwealth, 889 A.2d 638 (Pa.Cmwlth. 2005). WHEREFORE, Licensee respectfully requests that this Honorable Court stay the automatic supersedeas until an opportunity has been given to hear argument on the facts of the case. Respectfully Submitted, ROMINGER & WHARE Date: ~DU I b,. 2 o() ~ ~' Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Court Id No. 81924 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND. COUNTY, PENNSYLVANIA PENNSYLVANIA ST ATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT : CIVIL ACTION NO. v. : CITATION NO. 05-1806 VETS CANTEEN ASSN., 130 W. KING STREET SHIPPENSBURG, Pa 17257-1128 CUMBERLAND COUNTY : LID # 3820 : LICENSE NO. CC-5110 LICENSE FIRST ISSUED: August 10, 1949 CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of this Petition/or Review upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Thomas M. Ballaron, Esquire Pennsylvania State Police Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, P A 17110 Respectfully submitted, ROMINGER & WHARE Dated: ).JtJl/ !~ 1-006 ~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant o c;~ \-. ~. ::~ -( f':) C'":::') C-::J 0"' o -n -t :C" n1r= -ofl:i -~J --"t.-' ~J (-.J - - -: l .....,,~ r:~ -- (J\ ..." .-~ 'I -:~:: ;.\ ",---i"fl '~ ~~ "',0 =-< - .. .:;-' (Jl PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW VETS CANTEEN ASSN., Defendant NO. 06-6379 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of November, 2006, upon consideration of Defendant's Petition for Review, and of Plaintiffs Response to Licensee's Petition for Review and Request To Vacate Automatic Supersedeas, a hearing is scheduled for Monday, January 22, 2007, at 3:00 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. THE REQUEST to vacate the Licensee's supersedeas is denied. BY THE COURT, Thomas M. Ballaron, Esq. 3655 Vartan Way Harrisburg, P A 17110 Attorney for Plaintiff Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, P A 17013 Attorney for Defendant . ~~ / I_~o-D ~ C)-. :rc 0""1 :! Hd 02 900l 3H,i .jO' (En!:} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT CIVIL ACTION NO. 06-6379 CIVIL TERM v. CITATION NO. 05-1806 VETS CANTEEN ASSN. 130 W. KING STREET SHIPPENSBURG, PA 17257-1128 CUMBERLAND COUNTY LID # 3820 LICENSE NO. CC-5110 LICENSE FIRST ISSUED: August 10, 1949 COMMONWEALTH'S MOTION IN LIMINE AND NOW comes the Commonwealth of Pennsylvania, Pennsylvania State Police- BLCE (Commonwealth) by and through its attorney and respectfully submits the within Motion In Limine to restrict the testimony and argument of the Vets Canteen Association (Club/Licensee) to the single issue of whether the Administrative Law Judge (ALJ) abused his discretion in the imposition of a fine and suspension, and in support thereof avers as follows: 1. The ALJ issued its Order and Adjudication on 6/22/06 imposing a $1,000 fine with no suspension but with the corresponding acknowledgement that the Licensee would voluntarily cease selling small games of chance pursuant to its Local Option Small Games of Chance Permit for 28 days. (Attachment 1). 2. An appeal was filed by the Club/Licensee to the Pennsylvania Liquor Control Board (PLCB) on 7/19/06 raising a single issue. The Club/Licensee contended that the ALJ had erred in imposing the sanction, lacking the agreement of the Club/Licensee to withdraw from sales of small games of chance. (Attachment 2). The Board remanded to the ALJ. 3. Following a conference call with the parties, the OALJ issued its second Order on 8/15/06 imposing a 10 days suspension and re-imposing the $1,000 penalty. (Attachment 3). 4. Club/Licensee filed its second appeal to the Pennsylvania Liquor Control Board on 9111/06 contending only that the ALJ had abused its discretion in imposing a 10 day suspension in tandem with the $1,000 penalty. Club/Licensee narrowed and limited its appeal to this single issue. It failed to raise any challenge with respect to whether the ALJ had based his findings of fact upon substantial evidence or committed an error of law in concluding that the Club/Licensee had acted unlawfully. (See Attachment 4). 5. In its decision dated 10/4/06, the PLCB addressed the single issue raised by the Club/Licensee and found that the trial court had not abused its discretion in imposing a $1,000 penalty and 10 days suspension. Thereafter, the Club/Licensee filed its timely appeal with this Honorable Court and for the first time raised the issue of "substantial evidence" and "error of law." 6. Club/Licensee waived its opportunity to argue the issues of "substantial evidence" and "error of law" by failing to raise these issues before the appellate tribunal of the PLCB. 7. The Court of Common Pleas sits fundamentally as an appellate court in liquor enforcement appeals. (See supporting brief). 8. It is axiomatic that only these issues properly preserved for review may be considered by an appellate court. (See Pa.R.A.P. 302a). 9. Club/Licensee's current appeal to this Honorable Court raising "substantial evidence, error of law and abuse of discretion" does not cure its failure below to preserve the first and second issues for review. The Club/Licensee cannot be permitted to broaden their appeal and request this Court to review the entire prosecution after expressly narrowing and restricting the PLCB's review to "abuse of discretion." 10. Accordingly, the only issue properly preserved for this Honorable Court's review is whether the ALl abused its discretion in imposing a $1,000 fine and a 10 days suspension. 2 WHEREFORE, the Commonwealth respectfully requests this Honorable Court to restrict and limit the testimony and argument during the course of the Club/Licensee's appeal hearing scheduled for January 22 to the issue of "abuse of discretion." Respectfully submitted, PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFQRCEMENT "- / ,,/ "(/ By: THOMAS M. B L Assistant Counsel Ihk7 , 3655 Vartan Way Harrisburg, PA 17110 (717) 540-7414 Attorney I.D. #23370 Date: 3 ATTACHMENT "1" Mailing Date: JUN 2 2 2006 j / &~10(JY; COMMONWEALTH OF PE"N"'NSYL VANIA OFFICE OF ADMINISTRATIVE LAW JUDGE FOR PENNSYLVANIA LIQUOR CONTROL BOARD PENNSYLV ANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT Citation No. 05-1806 Incident No. W03-307363 v. LID - 3820 VETS CANTEEN ASSN. 130 W. KING ST. SHIPPENSBURG, P A 17257-1128 CUMBERLAND COUNTY LICENSE NO. CC-5110 BEFORE: JUDGE THAU APPEARANCES: For Bureau of Enforcement Thomas M. Ballaron, Esquire Pennsylvania State Police 3655 Vartan Way Harrisburg, Pennsylvania 17110 F or Licensee Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PAl 7013 ADJUDICATION BACKGROUND: This proceeding arises out of a citation that was issued on September 15, 2005, by the Bureau of Liquor Control Enforcement of the Pennsylvania State Police (Bureau) against Vets Canteen Assn. (Licensee), License Number CC-511 O. ,- _c. 1 l! r ~< :,-:~'~~~j ~ ." ' h t. :(,\ :<-j -- -- ' . . , .-..... ~.,. \ ~-_...... .-~ -i:;'.3;r-:C'J ~3\hJ VETS CANTEEN ASSN. CITATION NO. 05-1806 PAGE 2 This citationl contains two counts. The first count charges Licensee with violations of Section 471 of the Liquor Code [47 P.S. ~4-471J and Section 31S(b) of the Local Option Small Games of Chance Act [10 P.S. S31S(b)]. The charge is that during the periods April 3 through 9, April 10 through 16, April 17 through 23, April 24 through 30, May 1 through 7, May 29 through June 4, June 5 through 11, June 12 through 18, June 19 through 25, June 26 through July 2, July 3 through 9, July 10 through 16, July 17 through 23 and July 24 through 30, 2005, Licensee, by servants, agents or employes, offered and/or awarded more than $5,000.00 in cash or merchandise in any seven-day period. The second count charges Licensee with violations of Sections 471 and 493(12) [47 P.S. S4-471 and S4-493(l2)], Section 311 of the Local Option Small Games of Chance Act [10 P.S. S311] and Section 901 of the Department of Revenue Regulations [61 Pa. Code ~901]. The charge is that on May 13 and August 5, 2005, Licensee, by servants, agents or employes, failed to maintain complete and truthful records covering the operation of the licensed business for a period of two (2) years concerning the Local Option Small Games of Chance Act. An evidentiary hearing was conducted on May 16, 2006 at Brandywine Plaza, 2221 Paxton Church Road, Harrisburg, Pennsylvania. After review of the transcript of that proceeding, the following Findings of Fact and Conclusions of Law are entered. FINDINGS OF FACT: 1. The Bureau began its investigation on March 9, 2005 and completed it on August 9, 2005. (N.T. 6) 2. The Bureau sent a notice of alleged violations to Licensee at the licensed premises by certified mail-return receipt requested on August 24, 2005. The notice alleged violations as charged in the citation. (Commonwealth Exhibit No. C-l, N.T. 5) 1. Commonwealth Exhibit No. C-2, N.T. 5. VETS CANTEEN ASSN. CITATION NO. 05-1806 PAGE 3 Count No.1: 3. For the seven-day periods listed in Count No.1, Licensee awarded prizes in excess of $5,000.00, as follows: Week ending April 9, 2005 - $48,208.00; Week ending April 16,2005 - $39,785.00; Week ending April 23, 2005 - $44,000.00; Week ending April 30, 2005 - $47,000.00; Week ending May 7, 2006 - $40,000.00; Week ending June 4, 2005 - $43,000.00; Week ending June 11, 2005 - $40,000.00; Week ending June 18, 2006 - $32,000.00; Week ending June 25,2005 - $42,000.00; Week ending July 2,2005 - $45,000.00; Week ending July 9, 2005 - $48,000.00; Week ending July 16, 2005 - $39,000.00; Week ending July 23, 2005 - $45,000.00; Week ending July 30,2005 - $38,000.00. (N.T. 6-8) Count No.2: 4. On the dates charged, Licensee maintained a ticket dispensing machine. Licensee was not mai.ntaining required records with respect to that device. (N.T.11-12) CONCLUSIONS OF LAW: 1. satisfied. The notice requirements of Liquor Code Section 471 [47 P.S. ~4-471] have been 2. Count Nos. 1 and 2 are sustained as charged. PRIOR RECORD: Licensee has been licensed since August 10, 1949, and has had three prior violation(s) since July 1, 1987, the date of establishment of the Office of Administrative Law Judge (Commonwealth Exhibit No. C-3, N.T. 13): Adjudication No. 89-0381. Fine $500.00 and 20 days suspension. Possessed or operated gambling devices 'or paraphernalia or permitted gambling or lotteries on the licensed premises (tickets and punchboards). Adjudication No. 94-0938. Fine $400.00. Sales to nonmembers without prior arrangement. March 16, 1994. VETS CANTEEN ASSN. CITATION NO. 05-1806 PAGE 4 Adjudication No. 04-2066. Fine $900.00. 1. Failed to maintain complete and truthful records for a period of 2 years concerning the Local Option Small Games of Chance Act. November 10, 2004. 2. Offered and/or awarded more than $5,000.00 in cash or merchandise in any 7 day period. October 31 through November 6, 2004. 3. Offered and/or gave alcoholic beverages as a pnze. October 6, 2004. PENALTY: Section 471 of the Liquor Code [47 P.S. S4-471] 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 Count Nos. 1 and 2 in this case. As Licensee has voluntarily agreed to cease operating pursuant to its Small Games of Chance License for a period of 28 days, beginning August 1, 2006 and terminating close of business August 28, 2006, I will impose fines without suspension. Count No.1 - $900.00 fine. Count NO.2 - $100.00 fine. ORDER: Imposition of Fine THEREFORE, it is hereby ordered that Licensee pay a fine of $1 ,000.00 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. The fine must be paid by Treasurer's Check, Cashier's Check, Certified Check or Money Order. Personal checks, which include business-use personal checks, are not acceptable. Please make your guaranteed check payable to the Commonwealth of Pennsylvania and mail to: PLCB - Office of Administrative Law Judge Brandywine Plaza 2221 Paxton Church Road Harrisburg, Pennsylvania 17110-9661 VETS CANTEEN ASSN. CITATION NO. 05-1806 PAGE 5 Retaining Jurisdiction Jurisdiction is retained to ensure compliance with this Adjudication. /6 Dated this 2 day of June, 2006. ~~ Feli Thau, A.LJ. pm MOTIONS FOR RECONSIDERATION MUST BE RECEIVED \VITHIN 15 DAYS OF THE MAILING DATE OF THIS ORDER TO THE OFFICE OF ADMINISTRATIVE LAW JUDGE AND REQUIRE A $25.00 FILING FEE. A WRITTEN REQUEST FOR RECONSIDERATION MUST BE SUBMITTED WITH THE FILING FEE. ATTACHMENT "2" I'I.cn.i,' l~ 11;'1,' PE~SYLVANIA LIQUOR CONTROL BOARD Harrisburg, Pennsylvania 17124,0001. IN THE PUBLIC INTEREST July 20, 2006 Telephone: 717-783-9454 FAX: 717-787-8820 Thomas M. Ballaron, Esquire PENNSYLVANIA STATE POLICE Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, P A 17110 RE: Appeal of: Vets Canteen Assn. 130 W. King Street Shippensburg, PA 17257-1128 Citation No. 05-1806 Dear Mr. Ballaron: Enclosed please find a copy of an appeal recently filed by Karl E. Rominger, Esquire. The filing date of the appeal is July 19, 2006. 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 ten (10) 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, ~t1ff1J5. D}e~ FAITH S. DIEHL Chief Counsel Enclosures cc: Vets Canteen Assn. Karl E. Rominger, Esquire, Pennsylvania State Police Chief Counsel Chief Administrative Law Judge Eileen S. Maunus J. Stark, Board Secretary State Police Commander, District Office #3 Report Examining Unit, State Police B. Peifer, Bureau of Licensing AN EQUAL OPPORTUNIIT EMPLOYER PROCEEDS BENEF1T ALL PENNSYLVANIANS ROMINGER & WHARE Attorneys at Law Karl E. Rominger ~ichaelJ. VVhare Michael O. Palermo, Jr Leslie A. Tomeo* * Also admitted in New Jeney July 19,2006 Pennsylvania Liquor Control Board Attn: Office of Chief Counsel . Appeal Unit, Room 401 Capital and Boas Streets Northwest Office Building Harrisburg, Pennsylvania 17124-0001 RE: Vets Canteen Assn. PLCB License No.: CC-5110 Citation No.: 05-1806 0 0 "7J ""rl e. n L. M1 c: 0 r- :-o~ ..." ~ . f"7j n ::r 0 r-n n; ~ o!?] ." .-<: t") :x ?J", i:.,' , 0 r.: '!J 0 -;r. '.h n; \0 ,- .. Dear Office of Chief Counsel: Enclosed please find the proper paperwork needed to file for an appeal for the above referenced matter. I have also enclosed the fee for said appeal. Should you have any questions, please do not hesitate to contact the office. Sincerely, 7-"-"~ ",r" · - Karl E. Rominger, Esquire KERJdp Enclosure cc: Vets Canteen Assn. 155 South Hanover Street, Carlisle, Pennsylvania 17013. Tel: (717) 241-6070. Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY · ADVICE · ANSWERS PI.C8-1918 9f02 CDMMONWEAL THOFPENNSYLIJANIA PENNSYLVANIA LIQUOR CONTROl BOARD APPEAL OF ADMINISTRATIVE LAW JUDGE ADJUDICATION OFfiCE OF CHIEi= COUNSEL (SUBMIT IN ORIGINAl. ONL Y) INSTRUCTIONS 1. Remit a $35 fee payable to "PA Liquor Control Board" along with the original of this fully completed Appeal form. 2. Type or print in Blue/Black ink all information except signatures. 3. Attach copy of the Opinion and Adjudication of the Administrative Law Judge (AU) that is the subject of the Appeal. 4. Appeal must be fi led 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 Counsel, Appeal Unit, Room 401, Capitol and Boas Streets, Northwest Office Building, Harrisburg, PA 17124-0001. 6. Complete the following (as it appears on the ALJ's Opinion and Adjudication), NAME OF LICENSEE PLCB LICENSE NO. CITATION NO. o 1806 ADDRESS OF PREMISES (STREET. RURAL ROUTE, P.O. BOX NO.) (POST OFFICE) (STI\.TE) (ZIP) 130 w. Kin St. NAME OF MUNICIPALITY Shi PA 17257 7. This Appeal will be 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 licensee did not agree to forego the small games of chance license and/or the sale of said games for the month of August. This portion of the Order should be removed, and only fines paid. Further the violations were not willful and all of the proceeds of the games were used to support charity, so a fine is appropriate. SIGN uire Attorne icensee 7 19 06 ICENSEE OR AUTHORIZED OFFICER OR COUNSEL FOR LICENSEE DATE ?LCB~f.919 7:1)5 COMMONWEALTH OF PENNSYLVANiA PENNSYLVANIA liQUOR CONTROL BOARD APPLlCA liON FOR SUPERSEDEAS OF;:lC~ OF CHIE~ COUNSEL (SUSMIT IN ORIGINAL ONLY) INSTRUCTIONS 1. This Application is to be filed with the Appeal when requesting a supersedeas. In no event shall this Application be filed later than 30 days after the mailing date of the Administrative law Judge's Opinion and Adjudication. A "supersedeas" is a stay. or delay, of a penalty (payment of fine or imposition of a suspension or revocation) while an Appeal is pending. 2. Send to: Pennsylvania Liquor Control Board, ATTN: Office of Chief Counsel. Appeal Unit, Room 401, Capital and Boas Streets, Northwest Office Building, Harrisburg, PA 17124-0001. 3. Complete the following (as it appears on the AU's Opinion and Adjudication) NAME OF LICENSEE PLCB LICENSE NO CITATION NO. VAts C~nt2en Assn- rRADE NAME (IF ANY} CC-5110 05-1806 ADDRESS OF PREMISES (STREET, AllAM, FlalliE. ? O. !lOX NO 1 l,POS r n~~IGEl Isr".t;:\ f!IP) Shi PA 17257 B 4. An Appeal to the Board will not operate as a supersedeas if the licensee has been cited and found to have committed one or more of the following violations: (Unless otherwise indicated, Sections designated are those contained in the Pennsylvania Liquor Code, The Liquor Code is set forth in Title 47 of Purdon's Statutes). Section 493(1) (sales to minors or sales to any person visibly intoxicated). Section 493(10) (lewd entertainment). Section 493(14) (permitting undesirable persons or minors to frequent). Section 493(16) (fumishing or delivering liquor or malt or brewed beverages at unlawful hours). Section 493(21) (right of inspection). Section 611 (licensed premises found to be a public nuisance). Section 481 (c) (mandatory revocations for the accrual of twenty or more points in more than one citation for restaurant and eating place licensees in cities of the first class). If the owner or operator of the license or any authorized agent of the owner or operator is convicted of any violation of: Act of April 14, 1972, (P.L. 233, No. 64), known as "The Controlled Substance, Drug, Device and Cosmetic Act" (See Title 35 of Purdon's Statutes); Crimes Code, Section 5902 (prostitution or related offenses), or Crimes Code, Section 6301 (corruption of minors) (See Title 18 of Pennsylvania Consolidated Statutes). An Appeal shalf not act as a supersedeas as to any penalty imposed for anyone or more of the violations set forth above unless the Board determines otherwise upon sufficient cause shown. In cases where supersedeas is requesled due to a revocation under Liquor Code section 481 (c). the licensee must demonstrate that it is likely to prevail on the merits. (OVER) 5. I hereby apply for a supersedeas of the penalty(ies) imposed in the Opinion and Adjudication appealed to the Board. 1 submit as sufficient cause the following: (List below each reason which would demonstrate to the Board that sufficient cause exists for the Board to grant your Application for Supersedeas. Attach additional sheets if necessary.) Your signature should be affixed where indicated below. A timely Appeal has been filed and disposition of the fine should be stayed pending the outcome of the case. LICENSEE OR AUTHORIZED OFFICER , DATE DATE REVIEWED BY RECQMMENDA TION HEARING DATE BOARD ACTION DATE CHAIRMAN MEMBER MEMBER OFFICIAL USE ONLY ATTACHMENT "3" ~/ &J{Qi1fn Mailing Date: AUG i 5 2006 ~ E F-~ c; i_=~ iJ ;~'~! S;: f CoO I _. _, . ~ COMMONWEALTH OF PENNSYLVANIA OFFICE OF ADMINISTRATIVE LAW JUDGE FOR PENNSYLVANIA LIQUOR CONTROL BOARD 'r' 1./ r.t I , C' .... c;. j' n I'-t',' . ,.J '-' I' ,..'.:; PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT Citation No. 05-1806 Incident No. W03-307363 v. LID - 3820 VETS CANTEEN ASSN. 130 W. KING ST. SHIPPENSBURG, PA 17257-1128 CUi\1BERLAND COUNTY LICENSE NO. CC-5110 OPINION AND ORDER UPON REMAND ORDER FROM THE PENNSYLVANIA LIQUOR CONTROL BOARD Opinion: I entered an Order on June 22, 2006, imposing a $1,000.00 fine. On July 19, 2006, Licensee filed an appeal to the Pennsylvania Liquor Control Board. On August 2, 2006, the Pennsylvania Liquor Control Board ordered that jurisdiction in this matter is remanded to the Office of Administrative Law Judge for review and administration of the ordered penalties and for any further administration and to ensure compliance with the Order. Accordingly, I impose a S 1 ,000.00 fine and a ten days suspension. VETS CANTEEN ASSOCIATION Citation No. 05-1806 PAGE 2 ORDER: Reimposition of Fine THEREFORE, it is hereby ordered that Licensee pay a fine of $1 ,000.00 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. The fine must be paid by Treasurer's Check, Cashier's Check, Certified Check or Money Order. Personal checks, which include business-use personal checks, are not acceptable. Please make your guaranteed check payable to the Commonwealth of Pennsylvania and mail to: PLeB - Office of Administrative Law Judge Brandywine Plaza 2221 Paxton Church Road Harrisburg, Pennsylvania 17110-9661 Imposition of Suspension IT IS FURTHER ORDERED that the Catering Club liquor license of Vets Canteen Association, License No. CC-511 0, be suspended for a period of ten days, BEGINNING at 7:00 a.m., on Friday, October 6,2006, and ENDING at 7:00 a.m., on i\10nday, October 16, 2006. Licensee is directed, on Friday, October 6, 2006, at 7:00 a.m., to place a 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 Monday, October 16, 2006, at 7:00 a.m., to remove the placard of suspension and return its license to its original wall location. VETS CANTEEN ASSOCIATION Citation No. 05-1806 Retaining Jurisdiction PAGE 3 Jurisdiction is retained to ensure compliance with this Adjudication. '" /(.,- Dated this ~ day of August, 2006. pm ',_ ..p" r .~ -; J L/'; I / <,.-1::/' ._/. . ,.i\;,.,....,..,.....~~,~,,~<A"="'/ .",,/ ........'-,l ~ " / Felix tfhau, A.LJ. ATTACHMENT "4" I'Ll'H,h'!') 11/'1\1 PENKSYLV ANIA LIQUOR CONTROL BOARD Harrisburg, Pennsylvania 17124,0001 IN THE PUBLIC INTEREST September 12, 2006 Telephone: 717-783-9454 FAX: 717-787-8820 Thomas M. Ballaron, Esquire PENNSYLVANIA STATE POLICE Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, P A 17110 RE: Appeal of: Vets Canteen Association 130 West King Street Shippensburg, P A 17257 Citation No. 05-1806 Dear Mr. Ballaron: Enclosed please find a copy of an appeal recently filed by Karl E. Rominger, Esquire. The filing date of the appeal is September 11, 2006. 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 ten (10) 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, -;r ~ S.15JehQ. FAITHS. DIEHL Chief Counsel Enclosures cc: Vets Canteen Association Karl E. Rominger, Esquire, Pennsylvania State Police Chief Counsel Chief Administrative Law Judge Eileen S. Maunus J. Stark, Board Secretary State Police Commander, District Office #3 Report Examining Unit, State Police B. Peifer, Bureau of Licensing AN EQUAL OPPORTUNITY EMPLOYER PROCEEDS BENEFIT ALL PENNSYL V ANlANS i"LCS-J918 9f02 COMMON\NEAL TH OF PENNSYLVANIA PENNSYLVANIA liQUOR CONTROL BOARD )PPEAL OF ADMINISTRATIVE LAW JUDGE ADJUDICATION OFFICE OF CHIEF COUNSEL (SUBMIT IN ORIGINAL ONLY) INSTRUCTIONS 1. Remit a $35 fee payable to "PA Liquor Control Board" along with the original of this 'fully completed Appeal form. 2. Type or print in BluafBlack 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, ATIN: Office of Chief Counsel, Appeal Unit, Room 401, Capitot and Boas Streets, Northwest Office Building, Harrisburg, PA 17124~0001. 6. Complete the following (as it appears on the AU's Opinion and Adjudication). NAME OF LICENSEE PLC8 LICENSE NO. CITATION NO. Vets Canteen Association CC-5110 05-1806 TRADE NAME (IF ANY) ADDRESS OF PREMISES (STREeT. RURAL ROUTE, P.O. BOX NO.~ (POST OfFICE) (STA TE) (ZIP) 130 WEST KING STREEI', SHIPEENSBURG, FA ! &@%& NAME OF MUNICIPALITY Borough of Shippensburg COUNTY Cumberland 7. This Appeal will be considered solely on the record made bafore 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 violations were not willful and the proceeds of the games ~e used to benefit charity. A fine is appropriate to punish and prevent recidivism. C) 0 .." .~ ~ 0'1 C'") U) f'TI m 0 -0 ;:0 "'Yl .:-orri n N r-n ::c . M rT1 C":l.- "'I"l ~ . <: C? :z: !=Om 0 'B 0 c:: 7: .. ~,f) t"!"'l r- SIGNATURE OF LICENSEE ORAUTHORIZED OFFICER OR CQUNSElFORlICENSEE ~ /-~ ... ID~f.l/ LotJ6 / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT CIVIL ACTION NO. 06-6379 CIVIL TERM v. CITATION NO. 05-1806 VETS CANTEEN ASSN. 130 W. KING STREET SHIPPENSBURG, PA 17257-1128 CUMBERLAND COUNTY LID # 3820 LICENSE NO. CC-5110 LICENSE FIRST ISSUED: August 10, 1949 CERTIFICATE OF SERVICE ----' AND NOW, this /21 day of January, 2007, I, Thomas M. Ballaron, Esquire, Office of Chief Counsel, Pennsylvania State Police, Bureau of Liquor Control Enforcement, hereby certify that I, this day, served the foregoing Motion by depositing a true and correct copy thereof in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to the attorneys of record as follows: Karl E. Rominger, Esq. Rominger, Bayley & Whare 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 (717) 241-6878 FAX law@romingerlaw.com www.romingerlaw.com PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT By: ~~~~~e/1J?~ Assistant Counsel ' 3655 Vartan Way Harrisburg, PA 17110 (717) 540-7414 Attorney I.D. #23370 f"'-,~ ) < - " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR: CONTROL ENFORCEMENT, Plaintiff v. VETS CANTEEN ASSN., Defendant CIVIL ACTION - LAW NO. 06-6379 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of January, 2007, upon consideration of Commonwealth's Motion in Limine, a Rule is hereby issued upon Defendant, to show cause why the relief requested should not be gr~nted. RULE RETURNABLE at commencement of a hearing scheduled for January 22, 2007, at 3:00 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. ~mas M. Ballaron, Esq. 3655 Vartan Way Harrisburg, P ~ 17110 Attorney for Plaintiff ~l E. Rominger, Esq. 155 South Hanover Street Carlisle, P A 17013 Attorney for Defendant :rc BY THE COURT, 1. ~ :2( ~ D -;~~< rt :.'f~: (7 t=2 oc. LWo... _l'lJ CC':c. l- '5 ('oJ LO N :c 0- -;- ,.w ~~, 0'\ -I? ~ -> ....- = = c-J. :5 o ,.... PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT, Plaintiff v. VETS CANTEEN ASSN., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6379 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR REVIEW and COMMONWEALTH'S MOTION IN LIMINE ORDER OF COURT AND NOW, this 22nd day of January, 2007, upon consideration of the attached letter from Thomas Ballaron, Esq., attorney for Plaintiff, and Karl E. Rominger, Esq., attorney for Defendant, the hearing previously scheduled in the above-captioned matter for January 22, 2007, is cancelled. ~mas M. Ballaron, Esq. 3655 Vartan Way Harrisburg, PAl 711 0 Attorney for Plaintiff \ /,arl E. Rominger, Esq. 155 South Hanover Street Carlisle, P A 17013 Attorney for Defendant :rc BY THE COURT, ':\;YNnc> 0\ il Hd ZZ ~~r luU1. IUI;'\ r."f'~" (',' \ \ :J.' 11 )0 {\u J ....u\ ,<^,X \c_ 'j~'}:J ,..>\U. :; ?D\:!dO-Cl31\:\ JAN, 23. 2007 10:35AM PSP BLCE Hbg, Pa, 17110 NO, 009 P. 2 PENNSYLVANIA STATE POLICE OFFICE OF CHIEF COUNSEL eUR,EAU OF UQUOR CONTROL. ENFORCEMENT $855 VARIAN WAY HARRISBURG, PA 17110 PHONE: 717-540.7414 FAX: 717-640-7461 Governor's Office of General Counsel January 22, 2007 Sent by F acs.imile The Honorable J. Wesley Oler Court of Common Pleas Judge Cumberland County Courthouse One Courthouse Square Carlisle7 PA 17013-33871 RE: f .S.P.2, Bureau of Liauor Control Enforcement V8. Vets Canteen Assn., No. 06-6379 Civil Term (Citation No. 05-1806) Dear Judge Oler: The above-captioned appeal was scheduled for hearing at 3:00 p.m. today. Licensee's counsel, Karl Rominger, and I discussed this case yesterday and anived at a settlement To that end, we will provide an order within a few days for the Court's review disposing of this matter, and would request that you cancel the hearing scheduled for today. Respectfully submitte~ '---- /' - '"? ~M.B~ Assistant Counsel TMB:cd cc: Karl E. Rominger, Esq, An Intemationally Accredited Law Enforcement Agency 01-22-'07 12:04 FROM-ROMINGER & WHARE 7172416878 T-565 P001/001 F-231 .. ROMINGER & WHARE Attorneys at Law Karl E. Rominger Michael J. Whare Michael O. Palermo! Jr, Leslie A. Tomeo* * Also admitted in New Jersey January 22, 2007 Honorable Judge Wesley Oler One Courthouse Square Carlisle; Pa 17013 Via FaX Only: 240-6462 RE: Vets Canteen Assn. Citation No. 05-1806 Docket No. 06~6379 Dear Honorable Judge Oler: This letter is in regards to the hearing scheduled today at 3 :OOp.m. for the above- captioned matter. I spoke with Thomas M. Ballaron. assistant counsel for the Permsylvania State Police liquor control board and we have agreed on a settlement on this matter. Please cancel the hearing scheduled for today at 3:00p.m. based on the current settlement agreed upon by both parties. Thank. you for your time and attention to this matter. Sincerely, -) .".".,:. ......~- ~l E. Rominger, Esquire KER:bab cc. Thomas Ballaron. via Fax 155 South Hanover Street, Carlisle, Pennsylvania 1701:3 . Tel: (717) 241.6070. Fax; (717) 241-6878 WWw.romingerlaw.com ADVOCACY 1I ADVICE · ANSWERS .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT CIVIL ACTION NO. 06-6379 CIVIL TERM v. CITATION NO. 05-1806 VETS CANTEEN ASSN. 130 W. KING STREET SHIPPENSBURG, PA 17257-1128 CUMBERLAND COUNTY LID # 3820 LICENSE NO. CC-5110 LICENSE FIRST ISSUED: August 10, 1949 ORDER AND NOW, this r2.X!jay of March 2007, the above-captioned matter having been filed as an Appeal from the Order of the Office of Administrative Law Judge and the Opinion and Order of the Pennsylvania Liquor Control Board, upon de novo review of the Record in the said liquor enforcement appeal, THE COURT ADOPTS AND INCORPORATES by reference the Findings of Fact of the Office of Administrative Law Judge (ALJ) and the Pennsylvania Liquor Control Board (Liquor Board) as found in Citation No. 05-1806, and concludes as a matter of law that Vets Canteen Assn. has violated Section 471 of the Liquor Code, 47 P.S. ~4-471 and Section 315(b) of the Local Option Small Games of Chance Act, 10 P.S. ~315(b) as charged in Count 1; and Section 493(12) of the Liquor Code, 47 P.S. ~4-493(l2) and 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, as charged in Count 2; Vi(-~'tl\l.\Si\;Njd U"'i",.-.r.. ." :-"'~:fln"'l I }\:; :1...,:, : '~'" '.~'-"';1"-jl '....) 2S :2 Hd S I HVH LOOl AtJV.LOi"Cr;ji,Jcid 3Hl :IO ~ IT IS THEREFORE ORDERED that the Appeal of Vets Canteen Assn. is dismissed, the Opinion and Order of the Liquor Board affirmed. IT IS FURTHER ORDERED that the penalty imposed by the ALJ is modified} in that the fine of $1000.00 and the suspension of the liquor license for 10 days is vacated; Licensee shall pay a fine of $1,500; and its liquor license shall be suspended for a period of five (5) days as set forth below (Count 1: $1,000 and 5 days; Ct,2: $500). Licensee has already paid a fine of $1,000; Licensee shall pay the additional $500 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 its Order, Licensee's license shall be suspended for an additional period to that set forth below, or revoked: IT IS FURTHER ORDERED that the liquor license of Vets Canteen Assn., License No. CC-5110, be suspended for a period of five (5) days beginning at 7:00 a.m. on Sunday, April 22, 2007, and ending at 7:00 a.m. on Thursday, April 26, 2007. Licensee is directed on Sunday, April 22, 2007, at 7:00 a.m. to place the notice of suspension (Placard Form #PLCB- 1925) 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 the said license from the wall and place it in a secure location. Licensee is advised to obtain the aforementioned placard from a State Liquor Store/Wine and Spirit Shop. } Pursuant to the doctrine enunciated in Cantina Gloria's Lounge, Inc. v. Pennsylvania State Police, Bureau of Liquor Control Enforcement, 639 A.2d 14 (Pa. 1994), requiring the Court of Common Pleas to conduct a de novo review of liquor enforcement appeals, the Court is authorized to alter the penalty imposed by the ALJ as it believes appropriate. 2 I. The "Bureau of Enforcement" is directed to visit and monitor the aforementioned licensed premises for compliance with this Order. Upon completion of the period of suspension, the Licensee is authorized on Sunday, April 27, 2007, at 7:00 a.m. to remove the placard of suspension and return the license to its original wall location. Jurisdiction is retained to ensure compliance with this Order. The fine must be paid by Treasurer's Check, Cashier's Check, Certified Check or Money Order. Personal checks, which include business-use personal checks, are not acceptable. Please make your guaranteed check payable to the Commonwealth of Pennsylvania and mail to: PLCB - Office of Administrative Law Judge Brandywine Plaza 2221 Paxton Church Road Harrisburg, Pennsylvania 17110-9661 BY THE COURT: J. J. 3 ...... ~N. 2~. 2007 12:51PM PSP BLCE Hbg, Pa.17110 NO. 012 P. 3 \. The Honorable 1. Wesley OIer Court of Common Pleas Judge RE: P.S.P.. BLCE vs.. Vets Canteen Assn. No. 06-6379 Civil Term (Citation No. 05-1806) Page 2 March 9, 2007 The enclosed Order reflects this settlement and we would conunend it to this Court for review and approval. Both Mr. Rominger and I are available at the Court's convenience to discuss and review this matter if necessary. Respectfully submitted. 3655 Vartan Way Harrisburg, PA 17110 (717) 540-7414 FAX (717) 540-7461 Attorney LD. #23370 2MlNGER,ESQ, AIlDmey for Vets CtI1Jl6M ASS". Rominger. Bayley & Wbare 155 Soutb Hanover Street Carlisle, PA 17013 (717) 241-6070 (117) 241-6878 FAX Attorney I.D. # 81924 Enclosure