Liquor Control Board v. Northwest Athletic Ass'n
Liquor Control Board v. Northwest Athletic Ass'n
Opinion of the Court
Opinion by
The Northwest Athletic Association (Northwest) was issued a club liquor license for premises at 229 West Columbia Avenue, Philadelphia, Pennsylvania. In November of 1962, Northwest placed its license in escrow with the Pennsylvania Liquor Control Board (Board). This escrow arrangement was in accord with the Board’s regulations and had the effect of rendering the license inactive. However, the license was subject to annual renewals as of November 1 of each year, and Northwest did renew yearly.
In 1968, the Legislature decided to limit the period that a license could be held in escrow. The Act of July 20, 1968, P. L. , No. 201, §1, 47 P.S. §4-474, which became effective September 18, 1968, provided the following: “Whenever a club license has been returned to the board for the benefit of the licensee due to the licensed establishment not having been in operation for any reason whatsoever for a period of time not exceeding fifteen days, the license shall be held by the
On September 21, 1970, tbe Board issued a citation against Northwest, asserting that its license bad been in escrow for safekeeping with tbe Board for a period in excess of two years. Following a bearing on tbe citation, tbe Board, by order dated October 15, 1970, revoked Northwest’s license. No challenge is made by Northwest as to tbe legal sufficiency of tbe bearing or as to any notice requirements or any administrative procedures preceding tbe bearing. Northwest appealed from tbe Board’s order of revocation to tbe Court of Common Pleas of Philadelphia County and its appeal was sustained. Tbe Board filed this appeal and we reverse the lower court.
Tbe sole issue in this appeal is whether, under tbe factual situation here, tbe terms of the Liquor Code
We accordingly believe that the Legislature could and did impose a two-year limitation on the escrow status of club licenses and that, under the facts of this case, the application of the two-year limit resulted in, and justified, the revocation of Northwest’s license.
The order of the Court of Common Pleas of Philadelphia County, sustaining the appeal of the Northwest Athletic Association and dismissing the Pennsylvania Liquor Control Board’s revocation order relative to club license No. C-2259, is hereby reversed.
Act of April 12, 1951, P. L. 90, as amended, 47 P.S. §1-101 et seq.
Dissenting Opinion
Dissenting Opinion by
I dissent. I believe that the language of Section 4-474 supports appellee’s contention that it is entitled to have its license remain in escrow until October 31, 1970. As noted by the majority, this Section became effective September 18, 1968 at a time when this license already was being held in escrow for appellee’s benefit by virtue of prior law. I believe that the provisions of Section 4-474 are not applicable to the previous renewal
Moreover, the official action taken here by the Liquor Control Board was the reneioal of appellee’s license until October 31, 1970 even though the license was being held in escrow. Appellee was entitled to rely upon that official action. Only administrative chaos will result if the Board establishes and follows certain official policy and subsequently institutes proceedings inconsistent with it. Such inconsistent official conduct is especially unfair in the instant case in view of the fact that the record does not disclose that appellee ever knew that its prior approval was subject to a revocation of the Board’s prior commitment. Appellee first knew of the jeopardy of its license when the citation issued September 21, 1970. Although the period of time between the citation and the effective revocation was not extensive, it would have allowed sufficient time for appellee to submit an application for transfer of its license. This alternative was, for all practical purposes, foreclosed.
I would affirm the lower court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.