Richard H. Wagner, Carlisle, Guy B. Mayo, Mayo & Mayo, Smethport, for Hotchkiss and others.
Samuel J. Roberts, Erie, for Liquor Control Board.
Henry A. Frye, Philadelphia, for Betula Methodist Church.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.
[ 169 Pa. Super. Page 507]
On June 24, 1949, appellants filed an application with the Pennsylvania Liquor Control Board for a hotel liquor license. The Betula Methodist Church filed a protest against the granting of the license. On September 9, 1949, the board refused the license and filed an opinion, which reads in part as follows:
'On June 24, 1949, Cecelia Hotchkiss and Angeline Faes with this Board an application for hotel liquor license and amusement permit for premises located on Highway Leg. Rt. No. 42043 in the Township of Norwich and County of McKean.
'On August 11, 1949, a hearing upon said application was held * * *. At the said hearing, which was attended by the applicants and their counsel the evidence adduced established the following fact:
'1. The premises proposed to be covered by the license are located within 300 feet of the Methodist Church * * *, which institution has filed an objection with the Board against the granting of the license.
'As provided by law, the Board is authorized to exercise its discretion in the consideration of an application
[ 169 Pa. Super. Page 508]
for a hotel liquor or malt beverage license when the premises to be licensed are within three hundred feet of a church, school, hospital, charitable institution or public playground. After making a thorough review of all of the evidence, the Board is of the opinion that the protest should be sustained and that in the exercise of the discretion provided by the law, ...