Apr 29, 2014 2 min read

A Washington County judge ruled a zoning ordinance enacted by the borough of California – one that the California University of Pennsylvania claimed put an illegal tax on the sale of alcohol at the school’s convocation center – will remain in effect. Judge Valarie Costanzo dismissed the university’s appeal of the borough ordinance Friday.

The ordinance was adopted after the university’s food vendor, AVI, submitted liquor license application to the Pennsylvania Liquor Control Board in August 2011. The LCB issued a license for the university’s convocation center.

The borough objected, claiming the convocation center lies within an area zoned institutional, which makes no provision for liquor licenses. The borough said AVI was not legally able to sell liquor under the zoning ordinance, and the municipality demanded the university submit an application to amend the ordinance.

The university disagreed, but submitted the application. The borough then amended the zoning regulations to allow the sale of alcohol at the convocation center, but imposed nine requirements, including a fee to the borough of as much as $3,750 for each event at the convention center where alcohol is served.

The university appealed to the borough zoning hearing board, which upheld the ordinance Dec. 9, and the university filed an appeal with Washington County Court. In March, the zoning board filed a motion claiming the university missed the deadline to file the appeal.

The university responded, stating that the appeal was filed on Jan. 8; however, the document wasn’t processed until Jan. 10 when payment for the filing was received by the county prothonotary’s office. In its response, the university noted that under Pennsylvania law, a document was considered filed when it was received by the county prothonotary office.

Manning J. O’Connor II, a Pittsburgh attorney representing the university, declined comment on the court’s decision.

Thomas Agrafiotis, one of the municipality’s solicitors, also declined comment.