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J.R. Magee, Inc. v. Pennsylvania Liquor Control Board

Finding that petitioner was entitled to a liquor license under the resort area exception contained in the Liquor Code reversed because petitioner failed to demonstrate a seasonal influx of transients that causes the population of the area to swell so that existing liquor licenses cannot adequately meet the needs of the area.

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Submitted: July 27, 2001

The Pennsylvania Liquor Control Board (Board) appeals from an order of the Court of Common Pleas of the 26 th Judicial District (Columbia County Branch) (trial court) reversing the order of the Board and finding that J.R. Magee, Inc., T/A the Blue Moose (Applicant) was entitled to a liquor license under the resort area exception contained in Section 461 of the Liquor Code.*fn1

On May 18, 1999, Applicant filed an application for a new restaurant liquor license for premises located at 203 West Main Street, Bloomsburg, Columbia County, Pennsylvania, under the “resort area” provision contained in Section 461(b) of the Liquor Code. Under this provision, an applicant seeking a liquor license must establish (1) that its premises are located within a resort area and (2) that there is an actual need for an additional license in the area. Chadds Ford Tavern v. Pennsylvania Liquor Control Board, 736 A.2d 70 (Pa. Cmwlth. 1999).

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