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

PELLEGRINI, Judge.1

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.2

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…