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HER-BELL (08/30/54)

August 30, 1954

IN RE HER-BELL, INC. (HER-BELL, INC. LIQUOR LICENSE CASE.)


COUNSEL

Abraham J. Levinson, Philadelphia, for appellant.

Russell C. Wismer, Sp. Deputy Atty. Gen., Horace A. Segelbaum, Deputy Atty. Gen., Frank F. Truscott, Atty. Gen., for appellee.

Before Rhodes, P. J., and Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.

Author: Rhodes

[ 176 Pa. Super. Page 208]

RHODES, President Judge.

The same question has been raised on this appeal as was decided in Booker Hotel Corporation Liquor License Case, 175 Pa. Super. 89, 103 A.2d 486.

Appellant has appealed from the order of the Court of Quarter Sessions of Philadelphia County sustaining the action of the Pennsylvania Liquor Control Board in refusing to transfer a certain restaurant liquor license to premises located on the southeasterly corner of Thirteenth Street and Columbia Avenue, in the City of Philadelphia, and designated as No. 1238 Columbia Avenue.

In refusing the transfer the Board found:

'1. The premises proposed to be licensed are located within 300 feet of three churches, the Calvary Pentecostal Holiness Church; the Little Rock Baptist Church; and the Commandment Keepers of the House of God, Holy Church of the Living God the Pillar of Truth.

'2. A protest has been filed on behalf of the Calvary Pentecostal Holiness Church in opposition to the transfer of the retail liquor license to these premises within 300 feet of the church property.'

The order of the Board was predicated on section 404 of the Liquor Code, Act of April 21, 1951, P.L. 90, 47 P.S. ยง 4-404, which provides: '* * * That in the case of any new license or the transfer of any license to a new location the board may, in its discretion, grant or refuse such new license or transfer if such place proposed to be licensed is within three hundred feet of any church, hospital, charitable institution, school, or public playground, * * *.'

[ 176 Pa. Super. Page 209]

An appeal was taken from the Board's order to the Court of Quarter Sessions of Philadelphia County, and the matter was heard de novo by that court as provided in sections 464 and 468 of the Liquor Code, Act ...


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