169 Pa. Super. 214 | Pa. Super. Ct. | 1951
Opinion by
The Liquor Control Board refused to issue a hotel liquor license to appellants because of a local zoning ordinance prohibiting licenses for the dispensing of intoxicating liquors within a prescribed area. This appeal is from the order of the court below affirming the board’s action.
In November, 1948, appellants commenced construction of a hotel on the beach of Lake Erie in Millcreek Township, Erie County. Approximately one year later they applied for a hotel liquor license. Admittedly the physical structure of the premises as well as the aplicants personally met all the requirements of the Act and the regulations of the board. Act of June 16, 1937, P.L. 1762, 47 P.S. §744-403, as amended, and the Quota Act of June 24, 1939, P.L. 806, 47 P.S. §744-1001 et.seq. (The amending Act of May 9, 1949, P.L. 964, 47 P.S. §744-1001 is not applicable as construction of the hotel in question was begun prior to the effective date of the Act.) However, the supervisors'of Millcreek Township, acting under the authority vested in them by the legislature (Act of May 1, 1933, P.L. 103, Art. XX, §2001, as amended, .53 P.S. §19093-20.01) enacted an ordinance designating certain districts as residential and the area within. which, the hotel. is. located as a “Mixed .Occupancy. District.”, The pertinent section of
The right of a municipality to enact zoning ordinances establishing areas within which certain types of buildings or businesses may be conducted is well settled. Kistler v. Swarthmore Borough, 134 Pa. Superior Ct. 287, 4 A. 2d 244; Veltri Zoning Case, 355 Pa. 135, 49 A. 2d 369.
The case of Bussone v. Blatchford, 164 Pa. Superior Ct. 545, 67 A. 2d 587, upon which appellants strongly rely, is clearly distinguishable. There the ordinance prohibited the sale of malt or brewed beverages for “on premises consumption”, a right granted the licensee under his State license. We held the ordinance invalid as an effort by local authorities to regulate the operation of licensed establishments and not merely restricting their location. This Court has frequently restricted the location of licenses for the sale of alcoholic beverages; e. g., where a covenant in the deed prohibits such sales, Cheris’s Liquor License Case, 127 Pa. Superior Ct. 355, 193 A. 162; McGettigan’s Liquor License Case, 131 Pa. Superior Ct. 280, 200 A. 213; or where the premises proposed to be licensed were within 300 feet of a restrictive institution such as a hospital, church, school or playground; Pennsylvania Liquor Control Act, supra, §403, 47 P.S. §744-403; Azarewicz Liquor License Case, 163 Pa. Superior Ct. 459, 62 A. 2d 78; or where connected with a place of amusement. Shibe’s Case, 117 Pa. Superior Ct. 7, 177 A. 234; Oriole’s Liquor License Case, 146 Pa. Superior Ct. 464, 22 A. 2d 611. Act of July 9, 1881, P.L. 162, 47 P.S. §181.
Appellants argue the ordinance is inapplicable to them because they expended substantial sums of money
Order affirmed.