Appeal from the Order of the Court of Common Pleas of Fayette County in case of In Re: Appeal of Ross F. DiMarco, Freeman C. DiMarco, Frank J. DiMarco, D. B. DiMarco, E. J. DiMarco, T. M. DiMarco, trading as Angelo's, No. 359 Civil 1976.
David Shotel, Assistant Attorney General, with him Kenneth W. Makowski, Assistant Attorney General, Harry Bowytz, Chief Counsel, and Robert P. Kane, Attorney General, for appellant.
No appearance for appellee.
Judges Crumlish, Jr., Wilkinson, Jr. and Blatt, sitting as a panel of three. Opinion by Judge Blatt.
[ 36 Pa. Commw. Page 339]
The Pennsylvania Liquor Control Board (Board) appeals here from an order of the Court of Common Pleas of Fayette County which reversed a decision of the Board and directed the transfer of a retail dispenser's
[ 36 Pa. Commw. Page 340]
eating place license owned by members of the DiMarco family (DiMarcos).
In September of 1972, the DiMarcos applied to the Board for a retail dispenser's eating place license for property owned by them and located in the City of Uniontown, Fayette County. The license was granted on a prior approval or conditional basis pursuant to Section 436 of the Liquor Code*fn1 (Code), 47 P.S. § 4-436, but the property was never renovated for the use contemplated in the license and ultimately the license was returned to the Board for safe-keeping. In May of 1976, the DiMarcos filed an application with the Board for the transfer of the license to another property owned by them and located in North Union Township, Fayette County. The Board refused the transfer and the lower court reversed on appeal, and this appeal followed.
Our scope of review in a liquor license case is limited to a determination of whether or not the Board's order was supported by sufficient evidence and whether or not the lower court abused its discretion or committed an error of law. In re Appeal of Skowronek, 32 Pa. Commonwealth Ct. 423, 424, 379 A.2d 906, 907 (1977). The Board argues here that the lower court misapplied the relevant provisions of the Code in concluding that the transfer should be permitted.
The Board contends first that the lower court committed an error of law in holding that Section 468(a) of the Code, 47 P.S. § 4-468(a), permitted the license to be transferred. This section provides in pertinent part:
The board, in its discretion, may transfer an existing restaurant retail dispenser or club license from one ...