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AQUA CLUB LIQUOR LICENSE CASE. (12/12/63)

December 12, 1963

AQUA CLUB LIQUOR LICENSE CASE.


Appeal, No. 198, April T., 1963, from order of Court of Quarter Sessions of Erie County, Feb. T., 1963, No. 176, in re appeal of Aqua Club from decision of Pennsylvania Liquor Control Board. Order affirmed.

COUNSEL

William C. Sennett, Special Assistant Attorney General, with him Sherman K. Levine, Special Assistant Attorney General, Thomas J. Shannon, Chief Counsel, Pennsylvania Liquor Control Board, and Walter E. Alessandroni, Attorney General, for Pennsylvania Liquor Control Board, appellant.

S. Thaddeus Kwiat, for appellee.

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

Author: Rhodes

[ 202 Pa. Super. Page 193]

OPINION BY RHODES, P.J.

This is an appeal by the Pennsylvania Liquor Control Board from an order of the Court of Quarter Sessions

[ 202 Pa. Super. Page 194]

    of Erie County reversing the order of the board which refused to issue a club liquor license to the Aqua Club.

An application for a club liquor license was filed by the Aqua Club on July 5, 1962, for premises situated in Millcreek Township, Erie County, under the provisions of sections 404, 461, and 464 of the Liquor Code, as amended, 47 PS ยงยง 4-461, 4-464, and 4-464.

After a hearing the board concluded: "While it is conceded that the applicant's premises are in a resort area, there is no evidence of necessity for another license for the retail sale of alcoholic beverages in the township. It is also to be noted that even though necessity for an additional license for the accommodation of the public utilizing the resort facilities were established, such a need would not be met by the issuance of a club liquor license under which the sale of alcoholic beverages is limited to the club's membership."

On appeal the court below found that substantial need did exist, and directed the board to issue a club liquor license to the Aqua Club.

The issues before us are whether the board erred in finding that no actual necessity for a club license existed, and whether the court below made adequate findings of facts to support its ...


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