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eBook details

• Title: Street Road Bar & Grille
• Author : Texas Court of Appeals
• Release Date : January 20, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 87 KB

Description

This appeal presents two questions: (1) which party -- the liquor license applicant or the Pennsylvania Liquor Control Board ("the Board") -- bears the burden of proof concerning an applicants "good repute" for purposes of issuing or transferring a license; and (2) whether, in deciding the question of good repute, the Board may consider an applicants (a) past history of citations under the Liquor Code and (b) past criminal misdemeanor convictions. In sustaining the Boards denial of the request by appellee, Street Road Bar & Grille, Inc., for a person-to-person transfer of a liquor license, the trial court held that the Board did not err in finding that appellees officers were not persons of good repute under the Liquor Code, given their prior convictions and extensive citation history. A divided Commonwealth Court panel reversed, holding that the Board had the burden of establishing a lack of good repute, that an applicants criminal and citation history are irrelevant to a determination of good repute, and that the Board had failed to produce relevant evidence to prove lack of good repute. For the following reasons, we find that the liquor license applicant bears the burden of proof concerning good repute and that the Board and the trial court properly determined that citation history and prior misdemeanor convictions are relevant to the question of good repute. Accordingly, we reverse the order of the Commonwealth Court.

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