201 Pa. Super. 70 | Pa. Super. Ct. | 1963
Opinion by
On March 13, 1961, the Riviera Country Club, a non-profit corporation, referred to hereinafter as Riviera, filed with the Pennsylvania Liquor Control Board an application for a club liquor license at prem
We are here confronted with a recurring problem arising under the exception to the quota limitation set forth in subsection (b) of Section 161 of the Liquor Code,
Riviera received its charter from the Court of Common Pleas of Allegheny County on January 18, 1960. See Riviera Country Club Liquor License Case, 196 Pa.
The pivotal issue presented by this appeal is whether a private country club, which provides athletic,- social, and recreational activities for its members, may obtain a license under the statutory exception when the region selected for its location is predominantly residential and there are no resort area type facilities available for the general public. The uncontradicted testimony of the Board’s examiner is as follows: “Wilkins Township is basically or approximately ninety (90%) per cent residential. There are some commercial establishments and commercial activities in the Township, but primarily it is a residential area. It does not have any resort or recreational facilities available for the general public any where within the Township”. At the hearing, counsel for Riviera stated (italics supplied) “that while Wilkins Township was not a resort area,.the influx of people caused by the action of the Riviera Country Club has made it a resort area in conjunction with two other country clubs and a golf club”.
The resort area exception has been considered by this court in seven prior cases. The first of these was Bierman Liquor License Case, supra, 188 Pa. Superior Ct. 200, 145 A. 2d 876, which involved a rural township in Carbon County, a municipality containing excellent facilities for hunting and fishing. It was emphasized in our opinion that facilities for hunting and fishing are not peculiar to any locality in the Commonwealth. In defining the term “resort area” we made the following statement here pertinent: “The proceedings before the legislature at the time of the enactment of the original statute disclose that this exception to the quota rule ‘was drafted solely for the purpose of having an equitable distribution of licenses’ in areas wherein, at certain seasons, the ‘population’ is greatly increased, ‘making it quite obvious that the usual number of licenses would not be adequate to serve the people’. It is apparent that the legislature contemplated the seasonal influx of a large number of temporary inhabitants and the presence of suitable accommodations for this ‘transient population’ ”.
The Bierman case was held controlling in a companion appeal involving another township in Carbon
Our other four decisions fall into a different category. In each of them the region under consideration was clearly a resort area and the main issue was that of necessity for the license. The Board is not pressing that question in the case at bar. William Penn Sportsmen’s Association Liquor License Case, 196 Pa. Superior Ct. 519, 175 A. 2d 908, involved Loyalhanna Township, Westmoreland County, part of a large and extensively promoted recreational territory known as Laurel Highlands. It was conceded by the Board on appeal that this region was a resort area. The Board’s objection was limited solely to the question of necessity for the type of license sought by the applicant. Our companion decision in Mannitto Haven Liquor License Case, 196 Pa. Superior Ct. 524, 175 A. 2d 911, involved the same region. Willowbrook, Country Club Liquor License Case, 198 Pa. Superior Ct. 242, 181 A. 2d 698, involved Allegheny Township, Westmoreland County, an extension of Laurel Highlands. The nature of this general territory as a resort area was in effect admitted by the Board’s enforcement officer. The Willowbrook decision was affirmed on appeal by the Supreme Court. See Willowbrook Country Club Liquor License Case, 409 Pa. 370, 187 A. 2d 154. Our decision in Wildwood Golf Club Liquor License Case, 199 Pa. Superior Ct. 353, 185 A. 2d 649, involved a portion of Hampton
It is our view that the term “resort- area”, as used by the legislature, necessarily connotes a territory already given over to resort purposes. This was plainly the factual situation in each of the four eases cited in the preceding paragraph. The applicant club in each of them was situated in an area which had been previously established by the public as a place of resort. The instant factual situation is entirely different. Riviera has done no more than to itself create for its members a place of recreation in a predominently residential community not heretofore considered to be a resort area. If a private country club is to be granted a license under such circumstances and without regard to the quota limitation, the members of the General Assembly must so ordain. We may not resolve Riviera’s problem by an unwarranted extention of the resort area exception. To do so would be to emasculate the quota law by judicial legislation.
In conclusion, our view of this record does not disclose that the Board was chargeable with an abuse of administrative discretion in refusing to find that Wilkins Township was a resort area within the meaning of the statute. We are therefore of the opinion that the Board’s action in refusing to grant Riviera a club liquor license on the ground that the township quota was exceeded should not have been disturbed by the court below.
Order reversed.
Act of April 12, 1951, P. L. 90, Section 461(b), 47 P.S. 4-461(b).
Edgewood Country Club, Churchill Country Club, and Penhurst Golf Club. Only the last-named is in Wilkins Township.