Pittsburgh Stadium Concessions, Inc. v. Commonwealth, Pennsylvania Liquor Control Board

674 A.2d 334, 1996 Pa. Commw. LEXIS 102
CourtCommonwealth Court of Pennsylvania
DecidedMarch 19, 1996
StatusPublished
Cited by7 cases

This text of 674 A.2d 334 (Pittsburgh Stadium Concessions, Inc. v. Commonwealth, Pennsylvania Liquor Control Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pittsburgh Stadium Concessions, Inc. v. Commonwealth, Pennsylvania Liquor Control Board, 674 A.2d 334, 1996 Pa. Commw. LEXIS 102 (Pa. Ct. App. 1996).

Opinion

SMITH, Judge.

The Pennsylvania Liquor Control Board (Board) appeals from an order of the Court of Common Pleas of Allegheny County that overruled the Board’s denial of an application on behalf of Pittsburgh Stadium Concessions, Inc. (PSC) for a performing arts facility license, which would permit PSC to serve wine and liquor to patrons of performing arts events held at Three Rivers Stadium. The issues presented by the Board are whether PSC failed to demonstrate that it has met the requirements of Section 408.3 of the Liquor Code1 and thus is not entitled to a performing arts facility license and whether the trial court erred in reversing the Board’s decision to deny a performing arts facility license where the Board had other sufficient grounds to do so.

Pursuant to an agreement with the Pittsburgh Stadium Authority, PSC is responsible for the food and drink concessions at Three Rivers Stadium. Although patrons of the performing arts who are seated in private boxes or at the Allegheny Club, a small restaurant in the stadium, may be served any type of alcoholic beverages, patrons seated in the general admission area may be served only beer. On June 29, 1994, PSC, in accordance with Section 408.3(a.l) of the Liquor Code, applied for a performing arts facility license, which would permit PSC to serve wine and liquor to patrons of performing arts events throughout the stadium. Section 408.3(a.l) provides that the Board may issue licenses to operators of theaters for the performing arts permanently located at a single site with seating accommodations affixed to the theater structure for at least 1,000 persons.

Following an evidentiary hearing,2 the Board issued an opinion and order refusing PSC’s application on the following grounds: (1) the proposed licensed premises are located within 200 feet of other establishments licensed by the Board, thereby giving the Board discretion under Section 404 of the Liquor Code, 47 P.S. § 4-404, to refuse a new license application;3 (2) that PSC, as applicant, does not qualify as an operator of a theater for the performing arts permanently located at a single site having seating accommodations, affixed to the theater structure, for at least 1,000 persons as required by Section 408.3(a.l); and (3) that the facility has not been operating as a theater for the performing arts for a period of one year prior to the date of the application as required by Section 408.3(b.l) of the Liquor Code.

After an evidentiary hearing on PSC’s appeal to the trial court, at which PSC again presented Lawler’s testimony, the trial court held that when the stadium is hosting performing arts events, it is a theater for the performing arts within the meaning of Section 408.3. The trial court further noted that other similar facilities in the area (specifically, the Civic Arena -and the Duquesne University’s A.J. Palumbo Center) have been granted performing arts facility licenses.

[336]*336I.

The dispute in the present case arises over the Board’s interpretation of Section 408.3. The Board first contends that Three Rivers Stadium is not a theater for the performing arts because it does not have a permanent theater structure, i.e., a stage, and did not have such a structure for at least a year prior to the application. On the other hand, PSC contends that a permanent stage is not a necessary component of a theater structure. Nonetheless, to support its position, the Board cites Section 102 of the Liquor Code, 47 P.S. § 1-102, which defines performing arts facilities as “those halls or theaters in which live musical, concert, dance, ballet and legitimate play book-length productions are performed.”

In contrast to the Liquor Code’s definition of performing arts facilities, the Board cites Section 433.1(a) of the Liquor Code, 47 P.S. § 4-433.1(a), relating to stadium or arena permits. That section permits the Board to issue permits allowing “retail sales of malt or brewed beverages in shatterproof containers at all events on premises principally utilized for competition of professional and amateur athletes and other types of entertainment having an available seating capacity of: (1) twelve thousand or more in cities of the first and second class_” (Emphasis added.)

The Board also cites Section 1922 of the Statutory Construction Act of 1972,1 Pa.C.S. § 1922, which provides that statutes are not to be interpreted so that an absurd or unreasonable result is reached and asserts that in view of applicable provisions of the Liquor Code, Three Rivers Stadium cannot be considered a performing arts facility under Section 408.3. Otherwise, the Board argues that Section 433.1, which regulates licenses for stadiums or arenas, would be rendered meaningless. In Pennsylvania State Police, Bureau of Liquor Control Enforcement v. McCabe, 163 Pa.Cmwlth. 11, 644 A.2d 1270, 1272 (1993), this Court noted that the “object of statutory interpretation and construction is to ascertain the intention of the legislature and to give effect to all the statute’s provisions.” In ascertaining legislative intent, courts may consider the consequences of a particular interpretation, see 1 Pa.C.S. § 1921(c).

Further, in Hyland Enterprises, Inc. v. Pennsylvania Liquor Control Board, 158 Pa.Cmwlth. 283, 631 A.2d 789 (1993), this Court stated that “[t]he construction given a statute by those charged with its execution and application is entitled to great weight and should only be disregarded or overturned for cogent reasons and if clearly erroneous.” Id. 631 A.2d at 792. Moreover, this Court has expressly stated that the purpose of the Liquor Code is not to promote the sale of liquor, rather it is to regulate and restrain the sale of liquor. Id. As is the case here, absent a clear abuse of discretion or new findings of fact, the trial court may not reverse the Board. McGonigel’s Inc. v. Pennsylvania Liquor Control Board, 663 A.2d 890 (Pa.Cmwlth.1995). Therefore, the Liquor Code must be interpreted so as to give effect to both Section 408.3 and Section 433.1.

Where the trial court conducts its own evidentiary hearing and issues its own findings of fact, this Court’s scope of review is to determine whether there is substantial evidence to support the trial court’s findings of fact and whether the trial court abused its discretion or committed an error of law. McGonigel’s Inc. However, in liquor matters, the Board is the finder of fact. Id.

II.

The parties essentially do not dispute the following facts. Three Rivers Stadium, the home of the Pittsburgh Pirates baseball team and the Pittsburgh Steelers football team, is primarily a sports stadium with a seating capacity of 58,500. Although it has been used occasionally for large outdoor concerts by such performers as Pink Floyd and the Rolling Stones, the stadium does not have its own permanent stage. Instead, the performers bring their own stages which are constructed for each performance and then taken down following the shows. These concert events are infrequent: five in 1994, two in 1993 and four in 1992.

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674 A.2d 334, 1996 Pa. Commw. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pittsburgh-stadium-concessions-inc-v-commonwealth-pennsylvania-liquor-pacommwct-1996.