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PA. LIQ. CONT. BD. v. GEORGE ROSCOE, INC.

No. 1255 C.D. 1980.

60 Pa.Commw. 362 (1981)

Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. George Roscoe, Inc., Appellee.

Commonwealth Court of Pennsylvania.

July 7, 1981.

Attorney(s) appearing for the Case

J. Leonard Langan, Assistant Attorney General, with him, James J. Fitzgerald, III, Chief Counsel, and Harvey Bartle, III, Attorney General, for appellant.

Louis E. Caputo, with him, Bruce A. Carsia, for appellee.

Submitted on briefs, May 4, 1981, to Judges MENCER, ROGERS and WILLIAMS JR., sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., July 7, 1981:

Pursuant to Section 404 of the Liquor Code, Act of April 12, 1951, P.L. 90 as amended, 47 P.S. § 4-404, appellee George Roscoe, Inc. filed an application for the transfer of a liquor license before the Pennsylvania Liquor Control Board (LCB). The LCB denied the request because (1) the pertinent premises are within 300 feet of both a municipal park and a ballfield, (2) individuals other than the applicant would...

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