Appeals from the Order of the Court of Common Pleas of Dauphin County in case of In Re: Application of Guiseppe and Antonio Barone, t/a Brothers Pizza, for Transfer of Retail Dispenser Eating Place License E-3485, No. 144 Misc. Docket 1977.
Charles E. Friedman, for Guiseppe and Antonio Barone, t/a Brothers Pizza.
Edward S. Finkelstein, for Cloverly Heights Church of God.
J. Leonard Langan, Assistant Attorney General, and Harry Bowytz, Chief Counsel, for Pennsylvania Liquor Control Board.
Judges Crumlish, Jr., Mencer and Craig, sitting as a panel of three. Opinion by Judge Crumlish, Jr.
[ 43 Pa. Commw. Page 447]
Guiseppe and Antonio Barone's application for transfer of a retail dispenser eating place license was approved by the Pennsylvania Liquor Control Board (PLCB). The Cloverly Heights Church of God appealed the Board adjudication to the Dauphin County
[ 43 Pa. Commw. Page 448]
Common Pleas Court which, after de novo hearing, reversed the Board, the subject of this appeal.
The Barones' application for transfer of a retail dispenser eating place license to their restaurant located within 300 feet of the Cloverly Heights Church of God was approved by the Board over the objection of the Church, after conclusion of testimony by the Church representatives, the applicants, and a PLCB enforcement officer as to the conditions of the premises, the tenets of the Church, and the deleterious and denigrating effect of the proposed transfer.
Our scope of review is to determine whether the court below abused its discretion or committed a clear error of law. Thompson v. Pennsylvania Liquor Control Board, 22 Pa. Commonwealth Ct. 344, 348 A.2d 916 (1975).
Transfers of retail dispenser eating place licenses are regulated by Section 432(d) of the Liquor Code*fn1 which authorizes the Board in its discretion to grant or refuse the transfer of any license to a new location if the place proposed to be licensed is within 300 feet of any church, subject to the limitation that the Board may not transfer a license to a new location when in its opinion to do so would be detrimental to the ...