14 Pa. Commw. 586 | Pa. Commw. Ct. | 1974
Opinion by
This is an appeal from a decision of the Court of Common Pleas of Northampton County affirming the Pennsylvania Liquor Control Board’s (PLCB) refusal
The facts are not in dispute. The Appellant, the possessor of a malt or brewed beverage license, applied to the PLCB for a club liquor license. Although an investigation by the PLCB concluded that the Appellant was qualified for a club liquor license, the application of Appellant was denied because the PLCB determined that the municipality in which the Appellant is located, Lower Nazareth Township, already had its quota of licenses.
The Appellant appealed this decision to the Court of Common Pleas of Northampton County which, after a de novo hearing, dismissed the appeal. This determination has been appealed to this Court.
The sole issue presented to this Court is whether the court below erred in construing the quota provided by Section 481(a) of The Liquor Code, Act of April 12, 1951, P. L. 90, as amended, 47 P.S. §4-461 (a), to bar the issuance of the instant club liquor license although no other club liquor license was outstanding in Lower Nazareth Township when Appellant filed its application.
Section 461(a) of The Liquor Code pertinently provided at the time relevant to the appeal
The population of Lower Nazareth Township was established by the 1970 census to be 2091. Properly excluding two existing hotel liquor licenses and the Appellant’s club malt beverage license then in effect in computing the quota set by Section 461(a),
By focusing upon the language of the provision emphasized above, however, Appellant argues that the quota is not exceeded until “at least one such license” of each class is granted, construing “class” to mean hotel, restaurant or club liquor or malt beverage license. If the Legislature used the word “each” to modify class in this quota provision, we would agree with Appellant’s position. This, of course, the Legislature did not do. The language “one such license of
Order affirmed.
Subsection (a) of 461 was amended by the Act of June 9, 1972, P. L. , No. 108, §3 to increase the population ratio of the quota to two thousand (2000) inhabitants in any municipality. Section 4 of the 1972 Act, however, provided that this amendment did not take effect until January 1, 1973, and did not apply to license applications, such as the application here, filed prior to and pending at that date.
Pine Grove Hose, Hook and Ladder Co. No. 1, Liquor License Case, 167 Pa. Superior Ct. 194, 75 A. 2d 15 (1950).