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IN RE SCARFALLOTO BROS. APPEAL

No. 1982-511.

26 Pa. D. & C. 3d 390 (1982)

In Re: Appeal from Denial of Restaurant Liquor License Application of Scarfalloto Brothers, Inc., t/a Two Guys from Italy, R.D. #3 Montrose, PA

Common Pleas Court of Susquehanna County, Pennsylvania.

December 29, 1982.

Attorney(s) appearing for the Case

Laurence M. Kelly, for appellants.

Gary F. DeVito, for Pennsylvania Liquor Control Board.

GARDNER, P.J., Specially Presiding, December 29, 1982.

Appellants filed an application for a liquor license to the Pennsylvania Liquor Control Board under §461(b) of the Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 47 P.S. §4-461(b), the "resort area" exception.

The act provides as follows:

"The board shall have the power to increase the number of licenses in any such municipality which in the opinion of the board is located...

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