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CROSS COUNTRY ENTERTAINMENT v. COMMONWEALTH PENNSYLVANIA (09/30/86)

decided: September 30, 1986.

CROSS COUNTRY ENTERTAINMENT, INC., APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of the Commonwealth of Pennsylvania v. Cross Country Entertainment, Inc., No. SA 461 of 1985, dated July 5, 1985.

COUNSEL

Scott T. Redman, with him, Mark R. Hamilton and Gregory T. Nichols, Meyer, Darragh, Buckler, Bebenek & Eck, for appellant.

Patrick M. McHugh, Deputy Attorney General, with him, Thomas M. Crowley, Deputy Attorney General, Allen C. Warshaw, Executive Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for appellee.

John R. Luke, for intervenors, Jack Paradise and Mary Paradise, his wife, and John Freyvogel.

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

Author: Doyle

[ 101 Pa. Commw. Page 99]

This is an appeal by Cross Country Entertainment, Inc. (Cross Country) from an order of the Court of

[ 101 Pa. Commw. Page 100]

Common Pleas of Allegheny County which dismissed an appeal from the denial by the Pennsylvania Liquor Control Board (Board) of an application for transfer of a restaurant liquor license and amusement permit and issuance of a provisional Sunday sales permit.

Cross Country sought a double transfer, i.e., from person to person and from place to place. A hearing was held on its application on December 3, 1984. At that hearing there was uncontradicted testimony that the proposed licensed premises were within 200 feet of another licensed premise and within 300 feet of the Soldiers and Sailors Memorial Hall, The Historical Society of Western Pennsylvania, and a parking lot belonging to the University of Pittsburgh. Furthermore, protestants, who resided within 500 feet of the proposed licensed premises, appeared and testified objecting to the transfer on grounds that it would be detrimental to the welfare, health, peace and morals of persons residing within 500 feet of the proposed licensed premises. Although the hearing examiner recommended that the transfer application be granted, the Board issued an order on March 22, 1985 denying the application pursuant to Section 404 of the Liquor Code,*fn1 47 P.S. 4-404. The Board found:

[ 101 Pa. Commw. Page 1011]

) The proposed licensed premises are located within 200 feet of other establishments licensed by this Board.

2) The proposed licensed premises are located within 300 feet of Soldiers and Sailors Memorial Hall, Historical Society of Western ...


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