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COMMONWEALTH PENNSYLVANIA v. WAYSIDE BAR (09/30/88)

decided: September 30, 1988.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT
v.
WAYSIDE BAR, INC., APPELLEE



Appeal from the Order of the Court of Common Pleas of Wayne County in the case of Wayside Bar, Inc. v. Pennsylvania Liquor Control Board, No. 892-1986-Civil.

COUNSEL

Felix Thau, Deputy Chief Counsel, for appellant.

Lee C. Krause, for appellee.

Judges Barry and McGinley, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick.

Author: Narick

[ 120 Pa. Commw. Page 176]

The Pennsylvania Liquor Control Board (LCB) appeals from an order of the Court of Common Pleas of

[ 120 Pa. Commw. Page 177]

Wayne County (trial court) which reversed an order of the LCB refusing Wayside Bar, Inc.'s (Applicant) application for renewal of its restaurant liquor license. We reverse.

Applicant held restaurant liquor license R-17560. Applicant's restaurant liquor license filled the license quota for Cherry Ridge Township, Wayne County.*fn1 On January 18, 1985, Applicant surrendered its license to the LCB for safekeeping.*fn2 The license expired on July 31, 1985, and Applicant failed to file an application to renew the license for the year beginning August 1, 1985 prior to the July 31, 1985 expiration date.

On June 14, 1985, Hickory Ridge Ski and Action Park, Inc. (Hickory) filed an application for a resort area restaurant liquor license for the year beginning August 1, 1985. On October 9, 1985, the LCB approved Hickory's application but as a quota license because Applicant's license had expired, creating a vacancy.

On January 17, 1986, Applicant applied for a renewal of its restaurant liquor license. The LCB refused Applicant's

[ 120 Pa. Commw. Page 178]

    application for renewal because the municipality's quota for restaurant ...


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