Conemaugh Club Liquor License Case
Conemaugh Club Liquor License Case
Opinion of the Court
This is an appeal by the Pennsylvania Liquor Control Board from an order of the Court of Quarter Sessions of Cambria County reversing the Board’s refusal to issue a new club liquor license to the Conemaugh Social Club, and. commanding the Board to grant the license.
• • On November 24, 1947, the Conemaugh Social Club filed with the Board an application for a new club liquor license for its premises at 501 Railroad Street, East Conemaugh, Cambria County.
At a hearing before an examiner for the Board on February 6, 1948, it was stipulated and agreed that the quota for the municipality in which the applicant club was located was five licenses, and that there were six licenses in effect. The applicant club contended that the Quota Law of June 24, 1939, P. L. 806, 47 PS §744-1001 et seq.,
The Board on February 27, 1948, made its order refusing the application for license.
Obviously, the court below failed to recognize and follow the decisions of this Court which had definitely held that clubs were subject to the Quota Law. In Goodwill Fire Company of Bethlehem License Case, 166 Pa. Superior Ct. 42, 47, 70 A. 2d 706 (January 12, 1950), we said that a club is subject to the Quota Law whenever it asserts a right to a license for the retail sale of malt and brewed beverages. In Pine Grove Hose, Hook and Ladder Co. No. 1 Liquor License Case, 167 Pa. Superior Ct. 194, 196, 75 A. 2d 15 (July 20, 1950), we again said that a club liquor license may not be issued in a municipality in which the quota of retail licenses, under the Act of 1939, P. L. 806, has been filled. Both decisions were rendered months previous to the order of the court below. Reference is made to both decisions in Hagelgans Post No. 8253 V. F. W. Liquor License Case, 168 Pa. Superior Ct. 260, 77 A. 2d 643 (January 12, 1951), where the contention that clubs were not within the statute was again rejected.
In Townsend Trust, 349 Pa. 162, 168, 36 A. 2d 438, 441, the Supreme Court, adopting the opinion of Judge
We find no excuse, or justification for the court below to have failed to apply the law as established by the decisions of this Court.
The order of the court below is reversed, and the order of the Board is reinstated. Costs are to be paid by appellee.
The Act of May 9, 1949, P. L. 964, amends section 1 of this Act- by changing- the requirements necessary for a hotel to qualify under the.said Act. See Liberty Fireman’s Social Club Liquor License Case, 168 Pa. Superior Ct. 500, 79 A. 2d 112.
The Board' made the following finding: •
Case-law data current through December 31, 2025. Source: CourtListener bulk data.