Pereus Food Emporium, Inc. v. Pennsylvania Liquor Control Board

Restaurant operator was not entitled to a liquor license under the resort area exception of the Liquor Code because applicant provided the same general service to the same general clientele as other local restaurants and there was no actual need for an additional license in an area where the quota of licenses had already been exceeded.

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SUBMITTED: November 9, 2000

The Pennsylvania Liquor Control Board (Board) appeals from an order of the Court of Common Pleas of Monroe County (trial court) reversing the order of the Board and finding that Pereus Food Emporium, Inc. (Applicant) was entitled to a liquor license under the resort area exception contained in Section 461 of the Liquor Code. *fn2

Applicant operates Villa Capri Pizza and Family Restaurant (Villa Capri), an Italian restaurant located in Middle Smithfield Township, Monroe County (Township). The restaurant is located in a small shopping mall adjacent to the Pocono Bazaar Flea Market and in close proximity to the Delaware Water Gap National Recreation Area. The Township had previously been recognized by the Board as a resort area. The quota for liquor licenses in the Township is one, with nine restaurant licenses and one retail dispenser license in effect that are counted against the quota. There are also ten hotel liquor licenses and one catering club liquor license in effect that are not counted against the quota.

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