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WILDWOOD GOLF CLUB LIQUOR LICENSE CASE. (11/15/62)

November 15, 1962

WILDWOOD GOLF CLUB LIQUOR LICENSE CASE.


Appeal, No. 171, April T., 1962, from order of County Court of Allegheny Cunty No. C2139 of 1961, in re appeal of Wildwood Golf Club from order of Pennsylvania Liquor Control Board. Order affirmed.

COUNSEL

Lewis J. Nescott, Special Assistant Attorney General, with him George G. Lindsay, Assistant Attorney General, and David Stahl, Attorney General, for Pennsylvania Liquor Control Board, appellant.

Joseph S. D. Christof, with him Howard S. Auld, and McCloskey, Best & Leslie, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, and Flood, JJ. (montgomery, J., absent).

Author: Wright

[ 199 Pa. Super. Page 354]

OPINION BY WRIGHT, J.

On May 1, 1961, Wildwood Gold Club, a nonprofit corporation, filed with the Pennsylvania Liquor Control Board an application for a club liquor license at premises in Hampton Township, Allegheny County.

[ 199 Pa. Super. Page 355]

Following a hearing before its examiner, the Board found that the applicant was "a bona fide club which fully complies with the statutory requirements", but refused the application on the ground that the township quota was filed. The Board denied the applicant's contention that "the premises proposed to be licensed are in a resort area", and also found that the applicant had failed to establish necessity for the issuance of an additional license in excess of the legal quota. The County Court of Allegheny County sustained an appeal by the applicant, and directed that the license should be issued. The Board has appealed to this court. The factual situation appears in the following excerpt from the opinion of the hearing judge:

"The appellant corporation is domiciled in Hampton Township, Allegheny County, Pennsylvania. Presently the applicant has 263 members. The members in private life are engaged in the professions, various businesses and civic affairs and are persons of good reputation. Forty-eight members, or less than one-fifth of the membership, reside in Hampton Township; the remaining 216 members reside in the neighboring townships and communities and many reside in the City of Pittsburgh. The corporation does not contemplate pecuniary gain or profit. The purposes for which it was formed are to promote and encourage athletic, social and recreational activities and to operate a country club, golf course, club house, et cetera.

"The applicant leases from Stone lodge, Inc., a tract of land containing about 175 acres, situate on Sample Road, Hampton Township, Allegheny County, Pennsylvania. This tract of land has constructed on it a large attractive clubhouse, an eighteen hole golf course, 6 tennis courts, a swimming pool, baseball fields, a football field, 2 lakes, 2 cottages, a dwelling house and various facilities. Stone Lodge, Inc., is a

[ 199 Pa. Super. Page 356]

Pennsylvania business corporation. Ownership of stock in Stone Lodge, Inc. is not requisite to membership in Wildwood Golf Club. It does, however, result in some advantages. The members of Wildwood Golf Club are practically the same as the stockholders in Stone Lodge, Inc. Stone Loge, Inc. purchased the real estate and the personal property and equipment used in the club facility from the University of Pittsburgh by instruments dated June 28, 1960, for a total consideration of $635,000.00. The present equity of the stockholders in Stone Lodge, Inc. is about ...


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