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NANCY LEE PARKS v. COMMONWEALTH PENNSYLVANIA (07/06/79)

decided: July 6, 1979.

NANCY LEE PARKS, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLEE



Appeal from the Order of the Court of Common Pleas of Lycoming County in case of Nancy Lee Parks v. Pennsylvania Liquor Control Board, No. 77-2248.

COUNSEL

Roger M. Simon, with him Richard B. Lane, and Lane & Simon, for appellant.

Mark Stephen Syrnick, Assistant Attorney General, with him James P. Deeley, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Judges Rogers, DiSalle and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 44 Pa. Commw. Page 88]

This is an appeal by Nancy Lee Parks (applicant) from an order of the Court of Common Pleas of Lycoming County affirming the denial by the Pennsylvania Liquor Control Board (Board) of an application for a hotel liquor license. We reverse.

The issuance of hotel liquor licenses is controlled by Section 404 of the Liquor Code, 47 P.S. ยง 4-404 (Code).*fn1 To determine whether to grant the license,

[ 44 Pa. Commw. Page 89]

    the Board held a hearing on April 15, 1977, at which a Board investigator, a township road official, applicant, her husband, and an objector, who lived within 500 feet of the proposed hotel, were the witnesses.

At the conclusion of the hearing, the hearing examiner recommended that the application be granted. However, the Board refused the application, with findings addressed to the applicant, as follows:

1. It has not been established that you will be the sole owner of the business proposed to be licensed, it being evident that your husband, Jack Sterling Parks, who is not a responsible person of good reputation, will also have a pecuniary interest therein.

2. The granting of this license would adversely affect the welfare, health, peace and morals of the neighborhood within a radius of 500 feet.

Applicant appealed to the lower court from the Board's determination, which affirmed the Board's action only on the basis of its second finding, while ruling that the Board's finding that applicant's husband would have a ...


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