In Re Decision of the Pennsylvania Liquor Control Board Refusing Application for a New Restaurant Liquor License by Aiello

Opinion bt

Judge Crumlish, Jr.,

Before us is the question whether the Court of Common Pleas erred in reversing a decision of the Pennsylvania Liquor Control Board (PLCB) which denied an application by David J. Aiello, t/a McBeths Ribs and Chips, for a restaurant liquor license under Section 461(b) of the Liquor Code (Code).

Section 461(b) of the Code, 47 P.S. §4-461 (b), provides for tbe discretionary issuance of liquor licenses beyond tbe established quota for any municipality if PLCB determines that the municipality is located in a resort area. An applicant, in order to fall within this…