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LEVIN LIQUOR LICENSE CASE. (11/16/61)

November 16, 1961

LEVIN LIQUOR LICENSE CASE.


Appeal, No. 294, Oct. T., 1961, from order of Court of Quarter Sessions of Bucks County, Sept. T., 1960, No. 5, in re Leonard Levin, Country Club Shopping Center, Levittown. Order affirmed.

COUNSEL

William N. J. McGinniss, Special Assistant Attorney General, with him George G. Lindsay and Horace A. Segelbaum, Assistant Attorneys General, and David Stahl, Attorney General, for Pennsylvania Liquor Control Board, appellant.

Herman Steerman, with him Jack Sirott, and William T. Steerman, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Wright

[ 196 Pa. Super. Page 329]

OPINION BY WRIGHT, J.

On September 16, 1960, Leonard Levin filed with the Pennsylvania Liquor Control Board an application for a restaurant liquor license at premises located in the Country Club Shopping Center, Middletown Township, Bucks County. The Board found that Levin was a responsible person of good reputation, but refused the application on the sole ground that "there will be a passage within the building between the said premises and a bowling alley". The Court of Quarter Sessions of Bucks County sustained an appeal by Levin, and directed that the license should be issued. The Board has appealed to this court.

The question before us involves the interpretation of the language of Section 463(a) of the Liquor Code*fn1 which reads as follows (italics supplied): "No license for the sale of liquor or malt or brewed beverages in any quantity shall be granted to the proprietors, lessees, keepers or managers of any theater, circus, museum or other place of amusement, nor shall any house be licensed for the sale of liquor or malt or brewed beverages which has passage or communication to or with

[ 196 Pa. Super. Page 330]

    center on both sides of the entrance to the restaurant and bowling alley.

"12. Public access to the restaurant and bowling alleys is by means of a five-foot wide door, consisting of two swinging glass panels, leading from the sidewalk and giving entrance to a two-story foyer, one story of which is on the street floor and the other on the basement floor ...

"13. With the exception of the entrance door above-mentioned on the street floor and the doors hereinafter to be mentioned, leading, respectively, to the restaurant and the bowling alleys on the basement floor, the foyer is entirely enclosed by solid walls.

"14. Immediately inside the doors leading from the sidewalk and extending of equal distance to each side of said doors, is a vestibule, on street level, of a width of 14 (or 15) feet and extending of a depth of 8 feet from the last-mentioned doors. At the extreme depth of this vestibule and on the extreme left side thereof as one enters the vestibule from the sidewalk, is a 6 foot wide stairway descending through an open stairwell to the basement floor and another vestibule of a width of 14 or 15 feet ...


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