Commonwealth, Pennsylvania Liquor Control Board v. Remley
Commonwealth, Pennsylvania Liquor Control Board v. Remley
Opinion of the Court
Opinion by
The Pennsylvania Liquor Control Board (Board) appeals a decision of the Court of Common Pleas of Berks County which reversed the Board’s order and granted a liquor license to the appellee, William H. Remley.
Remley sought a liquor license for a restaurant which he planned to construct as an addition to the clubhouse of the Flying Hills Golf Course, an 18-hole
1. The quota for Cumru Township, Berks County is four retail licenses and there are eight restaurant liquor licenses in effect counted against the quota. Accordingly, the quota is exceeded. There are also one hotel liquor license and four club liquor licenses in effect which are not counted against the quota.
2. It has not been established that the establishment proposed to be licensed is located in a resort area.
3. There is no evidence of a necessity for an additional restaurant liquor license in Cumru Township, Berks County.
Remley appealed the Board’s denial to the common pleas court which found that the proposed restaurant was located in a resort area, that there was a necessity for a restaurant with a liquor, license in that area and that the Board abused its discretion in refusing the application. It is the Board’s appeal from the lower court’s decision which is now before us.
The Board contends that any increase in the population in the area surrounding the proposed restaurant was attributable to the development of a residential community and not to an influx of transient persons as is necessary to establish the existence of a resort area. We must agree.
Our review of the record here indicates that, although Remley produced evidence that a number of campgrounds were in the general area of the golf course where the proposed restaurant would be located, there was no specific finding made as to the number of transient people who entered the area to use those facilities.
We must conclude, therefore, that the lower court erred when it found that the Board had abused its discretion and we will reinstate the Board’s denial of the application.
And Now, this 18th day of November, 1981, the order of the Court of Common Pleas of Berks County in the above-captioned matter is reversed and
It is Ordered that the order of the Pennsylvania Liquor Control Board in this matter is reinstated.
The appellee produced evidence that from 20,000-25,000 rounds of golf were played on the Flying Hills Golf Course during the summer season, but there was no evidence as to how many people played or as to how many people piayed more than once,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.