In re Appeal of A.A.R.F., Inc.

34 Pa. D. & C.3d 398, 1984 Pa. Dist. & Cnty. Dec. LEXIS 228
CourtPennsylvania Court of Common Pleas, Berks County
DecidedApril 9, 1984
Docketno. 267 Misc. Dkt. 1982
StatusPublished

This text of 34 Pa. D. & C.3d 398 (In re Appeal of A.A.R.F., Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Appeal of A.A.R.F., Inc., 34 Pa. D. & C.3d 398, 1984 Pa. Dist. & Cnty. Dec. LEXIS 228 (Pa. Super. Ct. 1984).

Opinion

ESHELMAN, J.,

This matter is before the court on an appeal from a decision of the Pennsylvania Liquor Control Board (hereinafter the board) refusing appellant a new restaurant liquor license on the basis of a resort area application. After hearing the case de novo, we make the following:

[399]*399FINDINGS OF FACT

1. On January 20, 1982, appellant, A.A.R.F., trading as the Racquet Club, made application to the board for a new restaurant liquor license for the premises located at Love Road, Green Hills, Reading, Berks County, Pa.

2. On July 21, 1982, a hearing on appellant’s application was conducted before the board’s hearing examiner in Allentown, Pa.

3. An opinion and order were issued by the board on September 27, 1982, in which the board made the following findings:

2. The board is not satisfied that the establishment proposed to be licensed is located in a resort area.
3. It has not been established that there is a necessity for an additional restaurant liquor license in Cumru Township, Berks County.

4. Said order of the board refused appellant’s application for the above-mentioned license.

5. A timely appeal was taken to this court on October 15, 1982.

6. On December 27, 1982, a de novo hearing was held before this court at which time counsel agreed to the admission into evidence of certified copies of:

(a) the transcript of the July 21, 1982 hearing
(b) the board investigation report
(c) the application, opinion and appeal notification (Ex. 3)

Additional evidence was also received.

7. A.A.R.F. is a Pennsylvania corporation, with its principal place of business at Love Road, Green Hills, Reading, Berks County, Pa.

8. The proposed premises is located approximately one-quarter mile from Route 10 and one-half [400]*400mile from the entrance to the ramp of Interstate 176.

9. Both Route 10 and Interstate 176 are major traffic routes which connect with the Pennsylvania Turnpike Exit 22 Morgantown.

10. Route 10 and Interstate 176 are major traffic corridors to the Reading outlets.

11. The premises to be licensed is contained on the first floor of a two-story masonry and steel building. The remainder of the building is utilized as a racquet ball and fitness center.

12. The proposed license would cover a bar-dining room, 29' x 23'; a dining room, 17' x 44'; and a kitchen, 11' x 23' with an eating capacity of 100 to 120 people. The premises is not presently operating as a bona fide restaurant.

13. The Racquet Club currently has a 60 car parking facility. Appellant proposed an extension of the lot to accommodate an additional 30 to 60 cars.

14. The proposed facility would be open seven days a week, from 6 a.m. to 2 a.m., serving breakfast, lunch and dinner with a take-out service. It would be geared towards casual dining.

15. Cumru Township has a quota of five licenses for the retail sale of alcoholic beverages. There are eight restaurant liquor licenses counted against the quota. There are also four club licenses and one hotel license in effect which are not counted against the quota.

16. In the city and metropolitan area of Reading there exist four major outlet centers: Vanity Fair Complex, Wyomissing; Great Factory Store, Reading; Big Mill Outlet, Reading; and Reading Outlet Center, Reading. There exist over 1,250,000 square feet of outlet rental space in the four outlet centers combined. The outlets constitute a major tourist attraction for the metropolitan area of Reading.

[401]*40117. The proposed premises is located within five miles of the four outlet centers.

18. Eighty-five percent of the visitors to the outlets are from outside the Reading-Berks County area.

19. Approximately 1,200,000 vehicles exit the Pennsylvania Turnpike at Morgantown per year emanating from a 250-mile radius. In addition, in a given year well over 6,000 buses come to the outlets from outside the area.

20. Outlet shoppers who exit the Pennsylvania Turnpike at Morgantown will necessarily travel Route 10 or Interstate 176 to get to Reading.

21. The proposed licensed premises is accessible from Route 10 and Interstate 176.

22. The daily traffic count at Route 10 and Pheasant Road, near the Racquet Club, in the peak morning hours is 1,086 vehicles per hour. The peak afternoon hour counts 1,308 vehicles per hour. The average is derived from daily traffic, not traffic during the pre-Christmas or summer seasons.

23. The outlet centers in the Reading Metropolitan area constitute what is known as the Outlet Industry.

24. The Reading Outlet Industry is seasonal in nature, with a major influx of transients into the area during the months of August, October, November, March and April.

25. Automobiles parked at the Reading Outlet Center bear license plates from all over the country.

26. The Reading Outlet Center is a member of the National Tour Brokers Association, the American Bus Association, and the Pennsylvania Dutch Travel Association.

27. The outlet centers are a tourist industry in Reading and Berks County.

[402]*40228. The tourist population visiting the outlet centers in Wyomissing and Reading are casually dresssed shoppers who usually come for day trips.

29. Approximately 100,000 people come into the area via buses and cars, specifically for the outlet stores on a normal weekend.

30. Within a six-mile radius of the Racquet Club there are 80 private parks and recreational areas, 30 public parks and recreational areas, 20 historically certified structures, and on the tip of the radius are state and federal public parks such as Hopewell and Blue Marsh.

31. Blue Marsh Dam and Recreation Area is a federal project. Attendance at the Blue Marsh Lake for a six month period in 1982 totaled 532,135. This figure was obtained from six metered areas at Blue Marsh: the Day Use Area, Visitor Center, Dry Brooks Boat Launch, Stilling Basin, State Hill Boat Launch, and Sheidy Road Boat Launch. The figure does not include “back areas” of the lake which are impossible to meter.

32. The distance from the Racquet Club to Blue Marsh is approximately six miles.

33. None of the restaurants located along Route 10 within a four to five mile radius of the Racquet Club can satisfy the requirements of the tourist population in a manner comparable to the Racquet Club.

34. There are six eating establishments located along Route 10, four of which have liquor licenses. The Post Office, the Woods Pub, the Alpenhof and Green Hills Inn possess liquor licenses; Club 19 and Szechuan are unlicensed restaurants.

35. The Post Office restaurant is located on Route 10. It provides formal dining, serving gourmet foods, French cuisine with limited hours of operation and limited seating capacity.

[403]*40336. The Woods Pub provides casual dining with male or female go-go dancers as amusement. The Woods Pub does not provide a family dining atmosphere.

37.

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34 Pa. D. & C.3d 398, 1984 Pa. Dist. & Cnty. Dec. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-appeal-of-aarf-inc-pactcomplberks-1984.