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COMMONWEALTH PENNSYLVANIA v. NICHOLAS GLUCKI (10/20/87)

decided: October 20, 1987.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT
v.
NICHOLAS GLUCKI, T/A GLUCKI'S LOUNGE, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of In Re: Appeal from Denial of New Resort Area Liquor License Application of Nicholas Glucki, No. SA 655-84, dated January 29, 1985.

COUNSEL

Eileen Maunus, with her, Felix Thau, Deputy Chief Counsel, Gary F. DiVito, Chief Counsel, for appellant.

Eugene P. Girman, with him, Louis E. Caputo, for appellee.

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

Author: Blatt

[ 110 Pa. Commw. Page 332]

The Pennsylvania Liquor Control Board (PLCB) appeals an order of the Court of Common Pleas of Allegheny County (trial court) which reversed the PLCB's decision and granted the application of Nicholas Glucki (applicant) for a new liquor license.

The record indicates that, on June 26, 1983, the applicant filed an application for a new restaurant liquor license for premises located at 1000 River Boulevard, Leetsdale Borough, Allegheny County, Pennsylvania. The liquor license quota for Leetsdale Borough is one, and there are five restaurant liquor licenses in effect which are counted against this quota. The application was made, however, pursuant to the resort area exception specified in Section 461(b) of the Liquor Code (Code), Act of April 12, 1951, P.L. 90, as amended, 47 P.S. ยง 4-461(b).*fn1

After a hearing, the PLCB denied the application on the basis of the following pertinent findings of fact:

1. The quota for Leetsdale, Allegheny County, is 1 and there are 5 restaurant liquor licenses in

[ 110 Pa. Commw. Page 333]

    effect counted against this quota. Accordingly, the quota is exceeded. There are also 1 club liquor license and 2 catering club liquor licenses 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 evidence of necessity for an additional restaurant liquor license in ...


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