Court rules that Point Breeze Pop-Up beer garden was operating legally when shut down in 2015

If you recall, during the summer of 2015, the Point Breeze pop-up garden was a hot-topic situation.

The Department of Licenses and Inspections shut down the garden at 1622 Point Breeze Ave. on multiple occasions. Now over a year later, the Pennsylvania Commonwealth Court has decided that the pop-up was in fact legally operating on the site.

From Billy Penn:

In the ruling, Judge Michael H. Wojcik basically agreed with the Municipal Court’s decision, which was that “the ‘continued’ operation of the beer garden without proper zoning is not ‘creating a public nuisance,’” — no cops had ever been called to the beer garden, for example — and so L&I had no right to shut it down.

Additionally, the Point Breeze Pop-Up had all its proper health permits and catering licenses in order, Wojcik wrote, and had obtained the proper permits from the LCB needed to sell alcohol at a temporary site.