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AIELLO LIQUOR LICENSE CASE

No. 203 C.D. 1977.

41 Pa.Commw. 345 (1979)

In Re: Appeal from Decision of the Pennsylvania Liquor Control Board Refusing Application for a New Restaurant Liquor License by David J. Aiello, t/a McBeths Ribs and Chips, Star Route 1, Box 93, Ridgway, Pennsylvania. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant.

Commonwealth Court of Pennsylvania.

March 21, 1979.

Attorney(s) appearing for the Case

Mark Stephen Spenick, with him Kenneth W. Makowski, Assistant Attorney General, Harry Bowytz, Chief Counsel, and Robert P. Kane, Attorney General, for appellant.

John R. Fernan, with him Cartwright, Fernan & Whitney, for appellee.

Argued November 3, 1977, before Judges CRUMLISH, JR. and BLATT, sitting as a panel of two. Reargued October 31, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, DiSALLE and CRAIG. Judges BLATT and MacPHAIL did not participate.

OPINION BY JUDGE CRUMLISH, JR., March 21, 1979:

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).1

Section 461(b) of the Code, 47...

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