Matter of Restaurant Liquor License No. R-18291

• Decision Date: 19 October 1979
• Citation: 408 A.2d 164,46 Pa.Cmwlth. 537
• Parties: In the Matter of Revocation of RESTAURANT LIQUOR LICENSE NO. R-18291 and Amusement Permit No. AP-18291 et al. Andrew BOBOTAS and Angeliki Bobotas, t/a "Step Inn", Appellants, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA LIQUOR CONTROL BOARD, Appellee.
• Court: Pennsylvania Commonwealth Court

408 A.2d 164

46 Pa.Cmwlth. 537

In the Matter of Revocation of RESTAURANT LIQUOR LICENSE NO.

R-18291 and Amusement Permit No. AP-18291 et al.

Andrew BOBOTAS and Angeliki Bobotas, t/a "Step Inn", Appellants, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA LIQUOR CONTROL

BOARD, Appellee.

Commonwealth Court of Pennsylvania.

October 19, 1979

Submitted on Briefs Sept. 13, 1979.

Anthony J. Grieco, II, Henry P. Perciballi Williamsport, for appellants.

J Leonard Langan, Asst. Atty. Gen., Pennsylvania Liquor Control Board, Harrisburg, Sidney A. Simon, Williamsport, for appellee.

Before MENCER, DiSALLE and MacPHAIL, JJ.

MENCER, Judge.

Andrew Bobotas and Angeliki Bobotas (licensees) appeal here from an order of the Court of Common Pleas of Lycoming County which affirmed an order of the Pennsylvania Liquor Control Board (Board) revoking their restaurant liquor license and amusement permit.

The licensees operated a bar and restaurant known as "Step Inn" located in the Borough of Montgomery, Lycoming County. An enforcement officer for the Board visited Step Inn on the evening of October 15, 1976 and the early morning hours of October 16 and observed Andrew Bobotas, one of the licensees permitting and taking part in the following incident: A male patron of the Step Inn removed the blouse from a female patron, thereby exposing her breasts to public view. The male patron then engaged, with Andrew Bobotas, in a game of tossing the blouse back and forth while the female patron made attempts to retrieve the blouse, during which time her breasts were uncovered. This incident occurred during a period when the bar was open for business and when there were other patrons present. In addition, the enforcement officer testified that Andrew Bobotas permitted a musical group known as "Nova" to continue performing until at least 2:45 a. m. on October 16, 1976, which was a time later than the legal operation hours of the bar.

Based on the enforcement officer's observations, the Board issued a citation charging the licensees with permitting dancing and entertainment in their licensed establishment, on October 16, 1976, beyond the hours when the sale of liquor or brewed beverages was permitted and with operating their licensed establishment, on October 16 1976, in a noisy and/or disorderly manner. After a hearing the Board issued an order revoking the restaurant liquor license and amusement permit of licensees, trading as Step Inn. The licensees appealed to the Court of Common Pleas of Lycoming County which held a de novo hearing and...