Commonwealth v. Gulch

Dissenting Opinion by

Judge MacPhail:

I respectfully dissent.

*402Our Supreme Court recently said in Application of El Rancho Grande, Inc., 496 Pa. 496, 437 A.2d 1150 (1981):

The purpose of regulatory legislation in this area [the granting of liquor licenses] has always been to restrain the sale of liquor, not to promote it.

Construing the relevant legislative history, onr courts have determined that the “resort area” exception was intended “to render an equitable distribution of such licenses in areas where, during certain seasons, the population is increased to sueh an extent that the usual number…