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COMMONWEALTH PENNSYLVANIA v. EMMANUEL L. DEMUTIS (05/29/86)

decided: May 29, 1986.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT
v.
EMMANUEL L. DEMUTIS, SR., APPELLEE



Appeal from the Order of the Court of Common Pleas of Chester County, in case of Pennsylvania Liquor Control Board v. Emmanuel L. DeMutis, Sr., No. 316 Miscellaneous Docket, 1984.

COUNSEL

Faith S. Diehl, Assistant Counsel, for appellant.

Louis Sager, Sager & Sager Associates, for appellee.

Judges MacPhail and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 97 Pa. Commw. Page 508]

This is an appeal by the Pennsylvania Liquor Control Board (Board) from an order of the Court of Common Pleas of Chester County. That order reversed the Board's decision which had refused an application to transfer a restaurant liquor license to the Applicant, Emmanuel L. DeMutis, Sr.

An application for the transfer of a restaurant liquor license was filed with the Board by DeMutis on December 29, 1982 for premises located at 134 East Bridge Street in the Borough of Phoenixville. After a

[ 97 Pa. Commw. Page 509]

    hearing held on January 13, 1984, the Board made the following findings of fact:

1. The premises proposed to be licensed are within 200 feet of other establishments licensed by this Board.

2. The premises proposed to be licensed are located within 300 feet of St. Peter's Episcopal Church and Sacred Heart Social Center.

3. The health license permits the sale of prepacked foods only.

4. The establishment is not open or in operation as a bona ...


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