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LONGO LIQUOR LICENSE CASE. (06/11/57)

June 11, 1957

LONGO LIQUOR LICENSE CASE.


Appeal, No. 151, Oct. T., 1957, from order of Court of Quarter Sessions of Schuylkill County, Sept. T., 1956, No. 22, in the matter of the appeal of Louis A. Longo and Ann Longo, from the order of the Pennsylvania Liquor Control Board. Order affirmed.*fn*

COUNSEL

Cletus C. Kilker, with him Alvin E. Maurer, for appellants.

Robert H. Jordan, Special Assistant Attorney General, with him Horace A. Segelbaum, Assistant Attorney General, and Thomas D. McBride, Attorney General, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Wright

[ 183 Pa. Super. Page 506]

OPINION BY WRIGHT, J.

Louis A. Longo and his wife made application to the Pennsylvania Liquor Control Board for a new hotel liquor license covering premises situate on Route 122 in East Norwegian Township, Schuylkill County. The Board refused the application on the ground that the "building proposed to be licensed does not comply with the requirements prescribed by law". The Longos then appealed to the Court of Quarter Sessions of Schuylkill County, which tribunal sustained the action of the Board. This appeal to the Superior Court followed.

Appellants own a tract of three acres fronting 238 feet along the public highway. Since March 1951 they have operated thereon a restaurant containing a large dining room, a luncheonette, and a separate kitchen. It is impossible for them to secure a new restaurant liquor license because the township quota is exceeded. In March 1956 they completed, and commenced operating, a motel situated 150 feet to the rear of the restaurant. This motel contains twelve bedrooms and a central office. It is appellants' contention in applying for a hotel liquor license that the restaurant and bedrooms, although physically separated, should be considered as one "place" within the definition of the word "hotel" as contained in the Liquor Code.*fn1 With this contention we do not agree.

In their brief, appellants assert that the "only question is whether the fact that the sleeping accommodations are contained in a building separate from the dining facilities, disqualifies the premises and the applicants

[ 183 Pa. Super. Page 507]

    in seeking a hotel liquor license". They cite Section 102 of the Liquor Code (47 P.S. 1-102) which defines "hotel" as follows: "'Hotel' shall mean any reputable place operated by responsible persons of good reputation where the public may, for a consideration, obtain sleeping accommodations and meals and which, in a city, has at least ten, and in any other place at least six, permanent bedrooms for the use of guests, a public dining room or rooms operated by the same management accommodating at least thirty persons at one time, and a kitchen, apart from the public dining room or rooms, in which food is regularly prepared for the public". Appellants argue that "nowhere does the definition indicate that the word 'place' is to be construed or interpreted to mean one building"; further that, since the definition in the same section of the word "restaurant" provides "the place to have an area within a building of not less than four hundred square feet", the legislature imposed a one-building requirement in the case of a restaurant, but did not impose such a requirement in the case of a hotel.

In answer to appellants' contention, the Liquor Control Board argues that the word "place", as used in the statutory definition of "restaurant", means the restaurant itself; and that "the requirement in the said definition that the restaurant or place shall be in a 'building' is necessary for the purpose of identification, because a restaurant does not occupy an entire building but only one or more rooms therein which are specified in the application for the license"; that the word "place", as used in the definition of "hotel", means the hotel itself, "and the fact that the word 'building' is not used in said definition indicates that ...


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