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DRAVOSBURG MEMORIAL APPEAL (06/12/69)

decided: June 12, 1969.

DRAVOSBURG MEMORIAL APPEAL


Appeal from order of County Court of Allegheny County, No. C 1530 of 1968, in re appeal of Dravosburg Memorial Association of Dravosburg from decision of Pennsylvania Liquor Control Board.

COUNSEL

Edward J. Osterman, Special Assistant Attorney General, with him Thomas J. Shannon, Assistant Attorney General, and William C. Sennett, Attorney General, for Pennsylvania Liquor Control Board, appellant.

Meyer Umansky, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Watkins, J.

Author: Watkins

[ 215 Pa. Super. Page 315]

This is an appeal by the Pennsylvania Liquor Control Board from an order of the County Court of Allegheny

[ 215 Pa. Super. Page 316]

County overruling a decision of the Board that denied an application for transfer of the club license of the East Pittsburgh Hungarian Singing Society located in East Pittsburgh, Allegheny County, to the Dravosburg Memorial Association of Dravosburg, Allegheny County; and directing that the license be transferred.

The Board had exercised its discretion to refuse the transfer because: "The amendment of Section 468 of the Liquor Code by Act 225 of October 20, 1967 does not provide for transfer of a club liquor license to another organization in another municipality."

This petition for transfer was brought under an amendment to Section 468 of the Liquor Code, 1951, April 12, P. L. 90, Article IV, para. 468, 47 P.S. para. 4-468. Under the original section licenses were not assignable except within the same municipality. By Act of October 20, 1967, P. L. 476, 47 P.S. 4-468 (pp), the legislature amended the section to read in pertinent part as follows: ". . . The Board, in its discretion, may transfer an existing restaurant or club license from one municipality to another in the same county regardless of the quota limitations provided for in this act, if sales of liquor or malt and brewed beverages are legal in such other municipality and if the restaurant or club lost the use of the building in which it was located due to governmental exercise of the right of eminent domain and no other suitable building can be found in the first municipality . . ."

There is nothing in the language of the amendment that is ambiguous. Its intent is quite clear so that it is unnecessary to apply rules of statutory construction.

The applicant for the transfer is a bona fide club. However, it holds no liquor license of any kind. The East Pittsburgh Hungarian Singing Society is also a bona fide organization and is at present the holder ...


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