Smith, Hon. Rochelle S. Friedman, Hon. Emil E. Narick
Rodrigo J. Diaz, Assistant Counsel, for Appellant. Roslyn M. Litman, Martha S. Helmreich and Mark F. Flaherty, for Appellee.
Stadium appealed Liquor Control Board's denial of performing arts facility license to serve wine and liquor. The Common Pleas Court, Allegheny County, No. S.A. 4229 of 1994, Scheib, J., overruled Boar..
Stadium appealed Liquor Control Board's denial of performing arts facility license to serve wine and liquor. The Common Pleas Court, Allegheny County, No. S.A. 4229 of 1994, Scheib, J., overruled Board's denial. Board appealed. The Commonwealth Court, No. 1334 C.D. 1995, Smith, J., held that: (1) stadium could not be considered theater for performing arts under Liquor Code; (2) denial was not inconsistent with prior issuance of performing arts facility licenses; and (3) Board did not act arbitrarily in permitting sale of wine and liquor in stadium's restaurant and catered areas and not general admission areas. Common Pleas Court order reversed, Liquor Control Board order reinstated. Procedureal Posture(s): On Appeal.
