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RIVIERA COUNTRY CLUB LIQUOR LICENSE CASE. (12/14/61)

December 14, 1961

RIVIERA COUNTRY CLUB LIQUOR LICENSE CASE.


Appeal, No. 27, April T., 1961, from order of County Court of Allegheny County, No. C-1228 of 1960, in re appeal of Riviera Country Club from decision of Pennsylvania Liquor Control Board. Order reversed; reargument refused January 8, 1962.

COUNSEL

John E. Caputo, Special Assistant Attorney General, with him Horace A. Segelbaum and George G. Lindsay, Assistant Attorneys General, and Anne X. Alpern, Attorney General, for Pennsylvania Liquor Control Board, appellant.

Samuel Avins, with him H. David Rothman, for appellee.

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

Author: Montgomery

[ 196 Pa. Super. Page 638]

OPINION BY MONTGOMERY, J.

This is and appeal from an order of the County Court of Allegheny County, ordering and directing the Pennsylvania Liquor Control Board to issue to the Riviera Country Club a club liquor license for premises located in Wilkins Township, Allegheny County, Pennsylvania.

Prior to January 1959, the original ten members of the Riviera Country Club met and formed that organization. In January 1959, the club's name was adopted and the first plans for the club's physical plant were submitted. Later in 1959 substantial mortgage commitments were obtained together with a construction contract. The mortgage was recorded May 9, 1960 and on May 12 ground was broken and construction of the club building was begun with a projected October, 1960 completion date. At all times, negotiations took place and obligations were incurred in the name of Riviera Country Club, and none of the members ever intended to assume any individual liability for the obligations of the club. It was always understood that all obligations would be met by the corporation.

The club was chartered by the Court of Common Pleas of Allegheny County as a nonprofit corporation on January 18, 1960, and the officers filed an application for a club liquor license on February 1, 1960.

There being three applications for the one vacancy in the quota for Wilkins Township, hearings were held in connection with each. The Liquor Control Board issued and opinion and order denying the club's application for the reason that it had not been in continuous existence and operation for at least one year immediately prior to filing its application, as provided by the Pennsylvania Liquor Code.

The Riviera Country Club appealed this decision to the County Court of Allegheny County which reversed the Liquor Control Board and decreed that the license

[ 196 Pa. Super. Page 639]

    be issued. The Liquor Control Board appealed from the judgment and order and obtained a ...


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