84 Pa. Commw. 13 | Pa. Commw. Ct. | 1984
Opinion by
The Pennsylvania Liquor Control Board (Board) appeals here from an order of the Court of Common Pleas of Fayette County which reversed the Board’s denial of a club liquor license requested by the Bridgeport Men’s Club (Club). We reverse.
From the record before us it appears that the Club is a social organization having 276 members, almost all of whom live in the Brownsville, Pennsylvania area. In August of 1981 the Club applied to the Board for a club liquor license for its clubhouse in Brownsville pursuant to the resort area exception specified in Section 461(b) of the Liquor Code (Code)
2. The Board is not satisfied that the establishment proposed to be licensed is located within a Resort Area.
3. It has not been established that there is a necessity for an additional retail liquor license in Brownsville, Fayette County.
4. There is not a substantial need for such license (sic) in relation to the pleasures, convenience and general welfare of the club members who would make use of the facilities.
Following a de novo review of the Board’s decision on appeal, however, the common pleas court reversed. In its decision the court noted that the “granting of this application would serve to increase membership and expand the club’s activities to the benefit of the various charitable and civic organizations which it supports [,] ” and further noted that the Brownsville area “draws numerous visitors to the historical sites of Nemocolin Castle, the Cast Iron Bridge and St. Peter’s Gothic Church, which are all within a one-mile area of the Club.” The only finding made by the court, however, on the question of whether there was a necessity for the licensed premises was the court’s finding that ‘ ‘ [t]he club is located in the Laurel Highlands resort area and, as such, can satisfy the needs of both its local members and of those visiting the area. ’ ’ The present appeal followed.
Before this Court the Board asserts that the Club did not present sufficient evidence to the Court to warrant the granting of a club liquor license. We agree.
Although the term “resort area” is not defined in the Code, our Supreme Court has recognized that the General Assembly’s intention in adopting this exception to the licensing quota was “to render an equitable distribution of . . . licenses in areas, where during certain seasons, the population is increased to such an extent that the usual number of licenses is not adequate to serve the needs of the people.” Willowbrook Country Club, Inc. Liquor License Case, 409 Pa. 370, 373, 187 A.2d 154, 155 (1962) (emphasis in original). We have accordingly held that an applicant seeking a license pursuant to the resort area exception enunciated in Section 461(b) of the Code must establish that there is “ a seasonal influx of transients which causes the population of the area to swell so that existing licensees cannot adequately meet the needs of the area.” Petition of Springdale Sportsmen’s Association, 20 Pa. Commonwealth Ct. 479, 485, 342 A.2d 802, 802 (1975).
An applicant then, of course, must establish that the proposed licensed facility would help meet this need. In this regard the oft quoted rule has been that “the requirement of necessity in a resort area must be considered in the light of the circumstances under which the applicant operates. ‘ The term ‘ ‘ actual necessity” in determining the need for a liquor license will be given a broad construction so as to mean substantial need in relation to the pleasure, convenience and general welfare of the persons who would make use of the facility.’ ” Aqua Club Liquor License Case,
No testimony was offered, however, indicating that as a result of this influx the current licensees in Brownsville were incapable of serving Club members. In this regard the record shows that Brownsville, a town covering less than nine square miles, and with an assigned quota of two retail liquor licenses, has seventeen such licenses in effect, ten of which are
Obdee
Now, July 12,1984, the order of the Court of Common Pleas of Fayette County, at No. 71 of 1982, dated November 24,1982, is reversed.
Act of April 12, 1951, P.L. 90, as amended, 47 P.S. §4-461.
Although evidence was presented concerning tourist attractions in or around a three county area known as the Laurel Highlands, we have recently recognized that the mere fact that a municipality is located within this area is not conclusive as to the legal determination of whether that municipality is located within a “resort area” as that term is used in the Liquor Code. Pennsylvania Liquor Control Board v. New Greensburg Aerie Fraternal Order of Eagles No. 3920, Inc., 82 Pa. Commonwealth Ct. 272, 478 A.2d 157 (1984).