Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Commonwealth v. Davis

Judgment of acquittal on charge of operating a bottle club reversed; based on plain language of statute, defendant was guilty of offense of operating an illegal bottle club; acquittal on charge of selling beer without a license in violation of Liquor Code affirmed because defendant was providing free beer.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
J. S71023/01

� 1 The Commonwealth appeals from the order of the Trial Court which granted the motion for judgment of acquittal of Appellee, Dennis G. Davis, and reversed his conviction on the charges of operating an illegal “bottle club” and selling beer at his place of business without a license, in contravention of 18 Pa.C.S.A. � 7328 and 47 P.S. � 4-492 (2), respectively. After review, we affirm in part and reverse in part.

� 2 In March of 2000, Appellee was operating a business establishment known as Club X-Treme, which was located in the borough of Indiana, Indiana County. In order to open this establishment, Appellee had made extensive renovations to an abandoned building. N.T. Trial, 11/7/2000, at 25. Appellee originally operated his facility as an entertainment establishment serving people under twenty one (21) years of age; however attendance at the establishment declined precipitously after it became known in the community that one of Appellee’s employees, unbeknownst to Appellee, was eavesdropping on customers who were college students and providing information to the police about the location of off campus drinking parties. Id. at 27. In an effort to revive his business and induce customers to return, Appellee decided to begin offering free beer. Id. at 29. Before doing so he consulted with enforcement officials from the Liquor Control Board on how to provide free beer to adult customers without violating any laws. Id. at 20, 29.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
The American Lawyer Industry Awards 2024
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
Women Leaders in Consulting (WLC) 2024
November 14, 2024
New York, NY

Women Leaders in Consulting Awards honors the industry standouts and rising stars who are making a mark within the profession.


Learn More
General Counsel Conference East 2024
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Go to Events Go to Webcasts
Assistant Town Attorney

General Statement of DutiesPerforms legal work involving full litigation of all types of matters both for and against the Town, including al...


Apply Now ›
FINANCE & REAL ESTATE ATTORNEY - Connecticut Preferred; Remote will be considered

Shipman & Goodwin LLP is seeking a attorney to expand our national commercial real estate lending practice. Candidates should have a mi...


Apply Now ›
Health Law Associate CT

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›
Go to Lawjobs