Appeal from the Order of the Court of Common Pleas of Northampton County in case of Re: Hecktown Volunteer Fire Co. No. 1, Misc. No. 346 October Term, 1972.
Lewis R. Long, for appellant.
J. Leonard Langan, Assistant Attorney General, with him Welton J. Fischer, Assistant Attorney General, and Israel Packel, Attorney General, for appellee.
Judges Crumlish, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Crumlish, Jr.
[ 14 Pa. Commw. Page 586]
This is an appeal from a decision of the Court of Common Pleas of Northampton County affirming the Pennsylvania Liquor Control Board's (PLCB) refusal
[ 14 Pa. Commw. Page 587]
to grant a club liquor license to Hecktown Volunteer Fire Co. (Appellant).
The facts are not in dispute. The Appellant, the possessor of a malt or brewed beverage license, applied to the PLCB for a club liquor license. Although an investigation by the PLCB concluded that the Appellant was qualified for a club liquor license, the application of Appellant was denied because the PLCB determined that the municipality in which the Appellant is located, Lower Nazareth Township, already had its quota of licenses.
The Appellant appealed this decision to the Court of Common Pleas of Northampton County which, after a de novo hearing, dismissed the appeal. This determination has been appealed to this Court.
The sole issue presented to this Court is whether the court below erred in construing the quota provided by Section 461(a) of The Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 47 P.S. § 4-461(a), to bar the issuance of the instant club liquor license although no other club liquor license was outstanding in Lower Nazareth Township when Appellant filed its application.
[ 14 Pa. Commw. Page 588]
Section 461(a) of The Liquor Code pertinently provided at the time relevant to the appeal*fn1 as follows: "Limiting Number of Retail Licenses To Be Issued in Each Municipality. -- (a) No licenses shall hereafter be granted by the board for the retail sale of malt or brewed beverages or the retail sale of liquor and malt or brewed beverages in excess of one such license of Page 588} any class for each one thousand five hundred inhabitants in any municipality, exclusive of licenses granted to airport restaurants, municipal golf courses and hotels, as defined in this section, and clubs; but at least one such license may be granted in each municipality. . . . Nothing contained in this section shall be construed as denying the right to the board to renew or to transfer existing retail licenses of any class notwithstanding that the number of such licensed places in a municipality shall exceed the limitation hereinbefore prescribed; but where such ...