Appeal from the Order of the Court of Common Pleas of Fayette County in case of Appeal of Angeline Amminiti, trading as Pizza Hut from Order of the Pennsylvania Liquor Control Board, No. 278 Civil, 1974.
J. Leonard Langan, Assistant Attorney General, with him Harry Bowytz, Chief Counsel, and Robert P. Kane, Attorney General, for appellant.
Bruce D. Foreman, with him Earl J. Melman, and Melman, Gekas, Nicholas and Lieberman, for appellee.
Judges Kramer, Mencer and Rogers, sitting as a panel of three. Judge Kramer did not participate in the decision. Opinion by Judge Mencer. Judge Kramer did not participate in the decision in this case. See Pa. R.a.p. 3102(d).
This is an appeal filed by the Pennsylvania Liquor Control Board (Board) from an order of the Court of Common Pleas of Fayette County, dated July 30, 1975, sustaining the appeal of Angeline Amminiti, trading
as Pizza Hut, from an adjudication of the Board dated July 2, 1975, wherein Angeline Amminiti's application for transfer of a restaurant liquor license under prior approval was refused.
The appellee operated a restaurant with a liquor license in Masontown, Fayette County, for a number of years until the premises lodging the business were taken by eminent domain proceedings instituted by the Fayette County Redevelopment Authority. Appellee then decided to relocate her business outside of the Borough of Masontown since no suitable relocation sites existed there. The Authority concurred in this determination. Appellee applied to transfer her license to a site on U.S. Route 40 which is located in South Union Township. A nursing home, owned and operated by the Sisters of St. Basil, is located near to the proposed transfer site. The religious order appeared before the Board and objected to the proposed transfer. After a full hearing, the Board ruled that the proposed new location was within 300 feet of the nursing home, and therefore, at the Board's discretion, the transfer could be and was refused.
Section 404 of the Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 47 P.S. § 4-404, provides in pertinent part:
[I]n the case of any new license or the transfer of any license to a new location the board may, in its discretion, grant or refuse such new license or transfer if such place proposed to be licensed is within three hundred feet of any church, hospital, charitable institution, school, or public playground. . . .
The regulations promulgated by the Board provide the guidelines for the calculation of the 300-foot distance and the points from which the straight-line measurements are ...