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CARVER COMMUNITY CENTER LIQUOR LICENSE CASE. (04/18/63)

April 18, 1963

CARVER COMMUNITY CENTER LIQUOR LICENSE CASE.


Appeal, No. 268, Oct. T., 1962, from order of Court or Quarter Sessions of Bucks County, May T., 1961, No. 75, in re Carver Community Center Club liquor license appeal. Order reversed.

COUNSEL

John A. Eichman, 3rd, with him Clark, Spahr, Eichman & Yardley, for appellant.

William N. J. McGinniss, Special Assistant Attorney General, for Pennsylvania Liquor Control Board, appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Wright

[ 200 Pa. Super. Page 518]

OPINION BY WRIGHT, J.

The Carver Community Center filed with the Pennsylvania Liquor Control Board an application for a club liquor license at premises located in Bensalem Township, Bucks County. The Board refused the application solely on the ground that the prescribed quota of licenses was filled. The applicant appealed to the Court of Quarter Sessions of Bucks County, which tribunal

[ 200 Pa. Super. Page 519]

    affirmed the order of the Board. This appeal by the applicant followed. The facts are not in dispute and are set forth in a stipulation under our Rule 37, as follows:

"1. Carver Community Center is a non-profit club incorporated in 1946 under the Act of May 5, 1933, known as the Non-Profit Corporation Law, with its registered office, at all times herein pertinent, in Bensalem Township, Bucks County, Pennsylvania.

"2. Said Carver Community Center occupies as tenant a newly constructed golf course known as 'Cornwells Golf Club', a registered fictitious name, for the benefit of its members and their guests at 1950 Brown Road, Eddington, Bensalem Township, Bucks County, Pennsylvania.

"3. On February 1, 1960 Carver Community Center duly filed with The Pennsylvania Liquor Control Board an application for a new club liquor license for the above premises.

"4. At a hearing held upon said application on April 20, 1961 by The Pennsylvania Liquor Control Board the following facts, inter alia, were established: (a) The applicant is a bona fide club complying with the statutory requirements. (b) The premises proposed to be licensed are adequate to accommodate the membership of the organization. (c) The premises proposed to be licensed are not within 300 feet of a church, school, hospital, charitable ...


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