stating that while possession of a liquor license is merely a privilege vis a vis the state, the fact that the license is transferable means it is a property right
How later courts described this case
- stating that while possession of a liquor license is merely a privilege vis a vis the state, the fact that the license is transferable means it is a property right
- exclusionary rule applies in Liquor Control Board proceeding in which Board imposed fine, but could also have revoked license
Written by the judges who cited it.
The opinion
*515 Dissenting Opinion by
Wright, J.:
It is not disputed that William P. Leonardziak maintained gambling devices on licensed premises. I would not permit him to evade penalty by improperly extending the Mapp exclusionary doctrine to the instant citation proceeding. It has been consistently held in this Commonwealth that a liquor license is a privilege and not a property right. Section 513 of the Liquor Code (17 P.S. 5-513) expressly provides for inspection of licensed premises by duly authorized persons without any search warrant whatever. I would reinstate the Board’s order.
Ervin, P. J., joins in this opinion.