Appeal from the Order of the Court of Common Pleas of Montgomery County in case of In Re: Chukker Valley Golf Club, Inc., No. 158 January Term, 1974.
Harry J. J. Bellwoar, III, with him Bellwoar, Rich & Mankas, for appellant.
Albert B. Miller, Special Assistant Attorney General, with him Harry Bowytz, Chief Counsel, and Israel Packel, Attorney General, for appellee.
Judges Kramer, Wilkinson, Jr., and Blatt, sitting as a panel of three. Opinion by Judge Blatt.
[ 20 Pa. Commw. Page 322]
This is an appeal from the Court of Common Pleas of Montgomery County which affirmed the Liquor Control Board (Board) adjudication rejecting the application of the Chukker Valley Golf Club, Inc. (applicant) for a restaurant liquor license.
This case involves the question of whether or not the applicant is entitled to such a license under the provisions
[ 20 Pa. Commw. Page 323]
of subsection 461(b) of the Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 47 P.S. § 4-461(b). This subsection permits the Board to increase the number of licenses in a municipality beyond the quota established in the preceding subsection, and provides as follows: "The board shall have the power to increase the number of licenses in any such municipality which in the opinion of the Board is located within a resort area."
After a hearing held before an examiner on January 9, 1974, the Board issued an opinion in which it refused to grant a license to the applicant listing three reasons for its decision:
"1. As provided by law, New Hanover Township Montgomery County has a quota of two retail licenses and there are presently two restaurant liquor licenses in effect which are counted against the quota. Accordingly, the quota of retail licenses in the township is filled. There are also one hotel liquor license and one club liquor license in effect which, under the law, are not counted against the quota.
"2. The premises proposed to be licensed are not located in a resort area within the meaning of the Liquor Code.
"3. There is no evidence whatsoever of any necessity for an additional restaurant liquor license in New Hanover ...