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COMMONWEALTH PENNSYLVANIA v. JOHN H. PARKER (02/05/81)

decided: February 5, 1981.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT
v.
JOHN H. PARKER, III, T/A MONIQUE'S ALSATIAN RESTAURANT, APPELLEE



Appeal from the Order of the Court of Common Pleas of Bucks County in case of John H. Parker, III, t/a Monique's Alsatian Restaurant v. Pennsylvania Liquor Control Board, No. 12 M.M. 1979.

COUNSEL

J. Leonard Langan, Assistant Attorney General, with him Kenneth W. Makowski, Acting Chief Counsel, and Edward Biester, Jr., Attorney General, for appellant.

Derek J. Reid, Eastburn and Gray, for appellee.

Judges Mencer, Blatt and Craig, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 56 Pa. Commw. Page 488]

This is an appeal by the Pennsylvania Liquor Control Board (Board) from an order of the Court of Common Pleas of Bucks County reversing the Board which had refused the application of John H. Parker, III, owner of Monique's Alsatian Restaurant, (applicant) for a new restaurant liquor license filed under the resort area theory.

An application for a new restaurant liquor license*fn1 was filed with the Board by the applicant on August 14, 1978 for premises located in the Borough of New Hope, Bucks County. After a hearing held on January 10, 1979, the Board made the following findings of fact:

1. As provided by law, the Borough of New Hope, Bucks County, has a quota of 1 license for the retail sale of alcoholic beverages and there are presently 12 restaurant liquor licenses in effect counted against the quota. Consequently, the quota for this municipality is exceeded. There are also 4 hotel liquor licenses in effect which are not counted against the quota.

2. Although the Board concedes the premises proposed to be licensed are located within a resort area, it has not been established that there is a necessity for an additional retail

[ 56 Pa. Commw. Page 489]

    liquor license in the Borough of New Hope, Bucks County.

3. The premises proposed to be licensed are directly connected with another business.

4. The premises proposed to be licensed are located within 200 feet of other establishments ...


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