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WILLIAM PENN SPORTSMEN'S ASSOCIATION LIQUOR LICENSE CASE. (12/14/61)

December 14, 1961

WILLIAM PENN SPORTSMEN'S ASSOCIATION LIQUOR LICENSE CASE.


Appeal, No. 209, April T., 1961, from order of Court of Quarter Sessions of Westmoreland County, July T., 1960, No. 44, in re appeal of William Penn Sportsmen's Association from decision of Pennsylvania Liquor Control Board. Order affirmed.

COUNSEL

John E. Caputo, Special Assistant Attorney General, with him Horace A. Segelbaum and George C. Lindsay, Assistant Attorneys General, and David Stahl, Attorney General, for Pennsylvania Liquor Control Board, appellant.

Edward B. Doran, for appellee.

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

Author: Wright

[ 196 Pa. Super. Page 520]

OPINION BY WRIGHT, J.

On April 4, 1960, William Penn Sportsmen's Association, a nonprofit corporation, filed with the Pennsylvania Liquor Control Board an application for a club liquor license at premises in Loyalhanna Township, Westmoreland County. The Board refused the application on the basis of the following findings of fact: "1. As provided by the law, Loyalhanna Township, Westmoreland County, has a quota of one license for the retail sale of liquor and malt beverages, and there are at the present time two restaurant liquor licenses in effect which are counted against the quota. Accordingly, the license quota for the township is exceeded. There is also one hotel liquor license and one club liquor license in effect, which, under the law, cannot be counted against the legal quota. 2. The premises proposed to be licensed are located in a

[ 196 Pa. Super. Page 521]

    resort area, as claimed by the applicant. 3. There is no evidence of actual necessity for an additional license in the township". The Court of Quarter Sessions of Westmoreland County sustained an appeal by the applicant, and directed that the license should be issued. The Board has appealed to this Court. For a proper understanding of the factual situation, we set forth certain findings made by the hearing judge as follows:

"1. The Club House and premises proposed to be licensed is located in a newly developed vacation area known as Loyalhanna Woodlands, which is within a radius of two miles from a similar resort area called Mannitto Haven.

"2. The Loyalhanna Woodlands, in itself, presently consist of approximately 305 acres, and in additional thereto, the owners thereof, have an option to purchase an additional 260 acres of land which will be used in connection with the present acreage. There has been developed a plan of lots numbering 985, from which approximately 779 lots have been purchased, and at this time there are approximately 75 homes or cottages completed in that area and many under construction.

"3. The present facilities offer a playground for children, and we have every reason to believe that the planned recreational building will be completed in the near future. The owners of the area have constructed trap ranges, picnic grounds, soft ball courts, volley ball courts, and a bocci court.

"4. There is a boating dock on the premises, which has been used, and which will be enlarged in the near future. The area also has a huge fishing lake which has been completed, and the Loyalhanna Reservoir, which is nearby, will accommodate swimmers, water skiers, and various other water sport's activities. It has been established that there is a large swimming area in ...


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