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COMMONWEALTH PENNSYLVANIA v. WILLIAM H. REMLEY (11/18/81)

decided: November 18, 1981.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT
v.
WILLIAM H. REMLEY, JR., T/A CLUB XIX, APPELLEE



Appeal from the Order of the Court of Common Pleas of Berks County in case of Pennsylvania Liquor Control Board v. William H. Remley, Jr., t/a Club XIX, No. 136 Miscellaneous Docket 1980.

COUNSEL

J. Leonard Langan, Assistant Attorney General, with him James J. Fitzgerald, III, Chief Counsel, for appellant.

Brett A. Huckabee, DeSantis & Koch, for appellee.

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

Author: Blatt

[ 62 Pa. Commw. Page 478]

The Pennsylvania Liquor Control Board (Board) appeals a decision of the Court of Common Pleas of Berks County which reversed the Board's order and granted a liquor license to the appellee, William H. Remley.

Remley sought a liquor license for a restaurant which he planned to construct as an addition to the clubhouse of the Flying Hills Golf Course, an 18-hole

[ 62 Pa. Commw. Page 479]

    public course located in Cumru Township. He maintained that a number of state parks and campgrounds were also in the vicinity, that there was a large seasonal influx of golfers and campers, and that, therefore, the proposed restaurant was located in a resort area which presented a necessity for an additional liquor license under Section 461(b) of the Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 47 P.S. ยง 4-461(b). The Board denied the application after a hearing, finding that:

1. The quota for Cumru Township, Berks County is four retail licenses and there are eight restaurant liquor licenses in effect counted against the quota. Accordingly, the quota is exceeded. There are also one hotel liquor license and four club liquor licenses in effect which are not counted against the quota.

2. It has not been established that the establishment proposed to be licensed is located in a resort area.

3. There is no evidence of a necessity for an additional restaurant liquor license in Cumru Township, Berks County.

Remley appealed the Board's denial to the common pleas court which found that the proposed restaurant was located in a resort area, that there was a necessity for a restaurant with a liquor license in that area and that the Board abused its discretion in refusing the application. It is ...


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