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APPEAL BOOKER HOTEL CORP. (BOOKER HOTEL CORPORATION LIQUOR LICENSE CASE.) (03/16/54)

March 16, 1954

APPEAL OF BOOKER HOTEL CORP. (BOOKER HOTEL CORPORATION LIQUOR LICENSE CASE.)


COUNSEL

Abraham J. Levinson, Philadelphia, for appellant.

Russell C. Wismer, Sp. Deputy Atty. Gen., Horace A. Segelbaum, Deputy Atty. Gen., for Pennsylvania Liquor Control Board.

Joseph P. Gaffney, Philadelphia, for City of Philadelphia, trustee under will of Stephen Girard.

Before Rhodes, P. J., and Reno, Ross, Gunther, and Woodside, JJ.

Author: Rhodes

[ 175 Pa. Super. Page 90]

RHODES, President Judge.

This is an appeal by Booker Hotel Corporation from an order of the Court of Quarter Sessions of Philadelphia County sustaining the action of the Pennsylvania Liquor Control Board in refusing to transfer a hotel liquor license.

The court below heard 'the application de novo on questions of fact, administrative discretion and such other matters as are involved, * * *.' Act of April 12, 1951, P.L. 90, § 464, 47 P.S. § 4-464.

In lieu of taking testimony before the court, the matter was considered upon the testimony taken before the Board.

The court below found that Girard College was within 300 feet of the premises proposed to be licensed by the transfer, and that the proposed transfer of the liquor license would be detrimental to the welfare of the boys attending the institution. The court determined that the Board did not abuse its discretion in refusing the transfer.

The Board in refusing the transfer had found, inter alia, that 'The premises proposed to be licensed are located within 300 feet of nine churches and Girard College.'

[ 175 Pa. Super. Page 91]

Appellant's contentions are (1) that the measurement as a matter of law should have been made to the nearest building of the college which is in excess of 300 feet from appellant's premises; and (2) that the court below erred in not exercising ...


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