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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter C. MEASUREMENT OF DISTANCES
FROM PREMISES


Sec.


3.21.    Authority of the Board to grant or refuse licenses.
3.22.    Method of measurement.
3.23.    Points for measurement.

Source

   The provisions of this Subchapter C adopted March 3, 1960, unless otherwise noted.

§ 3.21. Authority of the Board to grant or refuse licenses.

 Under sections 404 and 432(d) of the Liquor Code (47 P. S. § §  4-404 and 4-432(d)), the Board may, in its discretion, grant or refuse a new Hotel, Restaurant or Club License or transfer where the place proposed to be licensed is within the distances prescribed by the act from the respective locations there named. In so doing, the Board will follow the guidelines set forth in § §  3.22 and 3.23 (relating to method of measurement; and points for measurement).

§ 3.22. Method of measurement.

 For the purpose of establishing a uniform method of measurement, the following interpretation shall apply:

   (1)  Church, hospital, charitable institution, school and public playground. The building and the adjoining ground used in connection therewith.

   (2)  Other premises licensed by the Board. The portion of the premises covered by the current license.

   (3)  Place proposed to be licensed. The rooms designated in the application for license.

   (4)  Radius. That area within a designated distance of any point of the premises proposed to be licensed.

Notes of Decisions

   Place Proposed to be Licensed

   This section defines ‘‘place proposed to be licensed’’ for purposes of section 403 of the Liquor Code (47 P. S. §  4-403) cited and applied in Board of Commissioners v. Penn Continental Motor Inns, Inc., 314 A.2d 587 (Pa. Cmwlth. 1975); Thompson v. Liquor Control Board, 348 A.2d 916 (Pa. Cmwlth. 1975).

Cross References

   This section cited in 40 Pa. Code §  3.21 (relating to authority of the Board to grant or refuse licenses).

§ 3.23. Points for measurement.

 (a)  For the purpose of establishing uniform points of measurement, the following applies:

   (1)  The part of the church, hospital, charitable institution, school or public playground (and/or the adjoining ground used in connection therewith), and other premises licensed by the Board nearest to the place proposed to be licensed.

   (2)  The part of the place proposed to be licensed nearest to the church, hospital, charitable institution, school or public playground (and/or the adjoining ground used in connection therewith), and other premises licensed by the Board.

 (b)  Measurements shall be made or calculated in a straight line between the fixed points so determined, regardless of intervening land, water, buildings or structures of any kind.

Notes of Decisions

   General Comment

   The 300 foot distance requirement of 47 P. S. §  4-464, defined in §  3.33 and this regulation, is mandatory and unambiguous. Because protestant, by its own admission, does not comply with the distance provision in Section 464, it has no standing to appeal the grant of a retail dispenser eating place liquor license to applicant. Tacony Civic Association v. Liquor Control Board, 668 A.2d 584 (Pa. Cmwlth. 1995).

   In determining points of measurement for purposes of complying with restrictions on granting of liquor license, this provision would not be basis for denial of license where applicant’s premises were beyond 300 feet restriction from church building itself, and that part of church property which was within restricted distance was vacant lot not used in connection with church activities. Liquor Control Board v. Ripley, 529 A.2d 39 (Pa. Cmwlth. 1987).

   The property line and not the building line of a charitable institution should be the measuring point where activities conducted by the institution involved the use of all of the adjoining grounds. In re Amminiti, 377 A.2d 1042 (Pa. Cmwlth. 1977).

   The determination of reference points, between which the distance from a proposed licensed premises to a restrictive institution should be measured, is a matter of law not discretion. In re Amminiti, 377 A.2d 1042 (Pa. Cmwlth. 1977).

   The building line, rather than the property line, is the proper reference point from which to measure, Thompson v. Liquor Control Board, 348 A.2d 916 (Pa Cmwlth. 1975).

   Standing

   The 300 foot distance requirement of 47 P. S. §  4-464, defined in §  3.22 and this regulation, is mandatory and unambiguous. Because protestant, by its own admission, does not comply with the distance provision in section 464, it has no standing to appeal the grant of a retail dispenser eating place liquor license to applicant. Tacony Civic Association v. Liquor Control Board, 668 A.2d 584 (Pa. Cmwlth. 1995); appeal denied 681 A.2d 180 (Pa. 1996).

Cross References

   This section cited in 40 Pa. Code §  3.21 (relating to authority of the Board to grant or refuse licenses).



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