Section 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.

Notation

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).