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Street Road Bar & Grille6/20/2005
rial court judgment of acquittal on the merits concludes proceedings criminal in nature. See Borough of West Chester v. Lal, 538 A.2d 879 (Pa. 1987).
As the instant proceedings are civil in nature and not penal, double jeopardy is inapplicable. Tahiti Bar, Inc., [150 A.2d 112 (Pa. 1959)].
Id. at 255 (footnote omitted). Absent compelling argument to the contrary, we agree with Atiyeh and Slovak-American that notions of double jeopardy do not bar consideration of "settled" citations in a civil proceeding where the question is the propriety of awarding a liquor license. The fact that the prior citations resulted in paid fines does not serve to expunge the violations, any more than service of a sentence would serve to expunge a conviction. The fact of the violations are probative of the character and reputation of the violator.
For the foregoing reasons, we reverse the order of the Commonwealth Court.
Madame Justice Newman did not participate in the consideration or decision of this case.
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