20 Pa. Commw. 321 | Pa. Commw. Ct. | 1975
Opinion by
This is an appeal from the Court of Common Pleas of Montgomery County which affirmed the Liquor Control Board (Board) adjudication rejecting the application of the Chukker Valley Golf Club, Inc. (applicant) for a restaurant liquor license.
This case involves the question of whether or not the applicant is entitled to such a license under the pro
After a hearing held before an examiner on January 9, 1974, the Board issued an opinion in which it refused to grant a license to the applicant listing three reasons for its decision:
“1. As provided by law, New Hanover Township Montgomery County has a quota of two retail licenses and there are presently two restaurant liquor licenses in effect which are counted against the quota. Accordingly, the quota of retail licenses in the township is filled. There are also one hotel liquor license and one club liquor license in effect which, under the law, are not counted against the quota.
“2. The premises proposed to be licensed are not located in a resort area within the meaning of the Liquor Code.
“3. There is no evidence whatsoever of any necessity for an additional restaurant liquor license in New Hanover Township, Montgomery County.”
Our scope of review here is limited, of course, because the discretion to determine whether or not a municipality is located within a resort area is vested in the Board by the express language of the Liquor Code and there must be a clear abuse of administrative discretion before our courts are authorized to set aside the Board’s action. Bierman Liquor License Case, 188 Pa. Superior Ct. 200, 145 A.2d 876 (1958).
The applicant’s argument that it is located within a resort area is primarily based upon the evidence which
Our affirmance of the Board’s finding that the applicant’s premises are not located within a resort area makes it unnecessary for us to consider whether or not the Board properly found that there was no necessity for an additional liquor license.
The lower court is, therefore, affirmed.