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COMMONWEALTH PENNSYLVANIA v. LEWIS H. RIPLEY (07/16/87)

decided: July 16, 1987.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT
v.
LEWIS H. RIPLEY, JR., AND JEANNETTE HESSLER RIPLEY, APPELLEES



Appeal from the Order of the Court Common Pleas of Cambria County, in case of In Re: Lewis H. Ripley, Jr. and Jeannette Hessler Ripley, Application for new Restaurant Liquor License, Amusement Permit and Provisional Sunday Sales permit, Misc. No. 1986-63.

COUNSEL

Eileen S. Maunus, Assistant Counsel, with her, Ken Skelly, Chief Counsel, for appellant.

Robert Davis Gleason, Gleason, DiFrancesco, Shahade and Markovitz, for appellee.

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

Author: Macphail

[ 107 Pa. Commw. Page 427]

The Pennsylvania Liquor Control Board (Board) has appealed from an order of the Court of Common Pleas of Cambria County which reversed the Board's denial of an application for a new restaurant liquor license filed by Lewis H. Ripley, Jr. and Jeannette Hessler Ripley (Applicants).

Applicants seek a liquor license under the resort area exception of the Liquor Code*fn1 for a restaurant they plan to operate as part of a "bed and breakfast" country inn located in the Borough of Ebensburg. There are no protestants to the application. A hearing examiner for the Board conducted an evidentiary hearing on November 14, 1985 following which he issued a detailed report recommending that the application be granted subject to certain conditions regarding the proposed operation of a bakery and antique/gift shop on the premises. The Board, in a brief adjudication, rejected this recommendation and denied the application based on the following findings:

1. The quota for Ebensburg, Cambria County is 2 and there are 7 restaurant liquor licenses in effect counted against this quota. Accordingly, the quota is exceeded. There are also 2 hotel liquor licenses, 2 club liquor

[ 107 Pa. Commw. Page 428]

    licenses and 1 catering club liquor license in effect which are not counted against the quota.

2. The Board is not satisfied that the establishment proposed to be licensed is located in a resort area.

3. There is no necessity for an additional restaurant liquor license in ...


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