Penn State Faculty Club v. Commonwealth

Dissenting Opinion by

Judge Rogers :

I respectfully dissent.

Section 461(b) of the Liquor Code provides that:(b) The board shall have the power to increase the number of licenses [beyond established quotas] in any such municipality which in the opinion of the board is located within a resort area. (Emphasis added.)

Although the term resort area is not defined by the Legislature in the Liquor Code, the Supreme Court in Willowbrook Country Club, Inc. Liquor License Case, 409 Pa. 370, 373-74, 187 A.2d 154, 155-56 (1962), has provided the following definitions:

*329‘[A] place frequented in numbers; a…