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JAMES R. THOMPSON ET AL. AND RECREATION BOARD BOROUGH TARENTUM v. PENNSYLVANIA LIQUOR CONTROL BOARD AND ELMER L. AND ELIZABETH S. HOLLENBAUGH (12/12/75)

decided: December 12, 1975.

JAMES R. THOMPSON ET AL. AND THE RECREATION BOARD OF THE BOROUGH OF TARENTUM, APPELLANTS
v.
PENNSYLVANIA LIQUOR CONTROL BOARD AND ELMER L. AND ELIZABETH S. HOLLENBAUGH, APPELLEES



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of In Re: Application for transfer of Restaurant Liquor License to Elmer L. and Elizabeth S. Hollenbaugh, No. SA 304 of 1972.

COUNSEL

Edward J. I. Gannon, with him Howard J. Hazlett, and Hazlett, Gannon & Jacobs, for appellants.

Henry C. Lamparski, Jr., for appellees.

President Judge Bowman and Judges Rogers and Blatt, sitting as a panel of three. Opinion by President Judge Bowman.

Author: Bowman

[ 22 Pa. Commw. Page 345]

This case is an appeal from a decision of the Court of Common Pleas of Allegheny County reversing a determination by the Pennsylvania Liquor Control Board (Board) which refused the transfer of a liquor license within the Borough of Tarentum, Allegheny County. We affirm.

Elmer L. and Elizabeth S. Hollenbaugh own property located at 610 East Seventh Avenue in Tarentum which they use as a residence and which they intend to use also as a restaurant-lounge. The property is situated in a district zoned commercial although the surrounding area has developed primarily residential.

On January 24, 1972, the Hollenbaughs filed an application with the Board to transfer an existing restaurant liquor license to their East Seventh Avenue premises. Previously, they had entered into an agreement to purchase the license conditioned upon the Board's approving the transfer. Protests, however, were lodged against the application by the Borough of Tarentum, the Tarentum Recreation Board, and 83 residents living within a 500-foot radius of the Hollenbaugh property.

A hearing was held by the Board on April 18, 1972, at which uncontradicted testimony was presented which placed a public playground, known as Electric Playground,

[ 22 Pa. Commw. Page 346278]

feet from the property line and 303.5 feet from the building line of the Hollenbaugh premises. By an opinion and order, dated May 23, 1972, the Board refused the transfer application, making two specific findings of fact:

"1. The premises proposed to be licensed are located within 300 feet of the borough-owned Electric Playground.

"2. The granting of this license will adversely affect the welfare, health, peace and morals of the neighborhood ...


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