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BETHEL TOWNSHIP VETERANS HOME ASSOCIATION LIQUOR LICENSE CASE. (01/17/56)

January 17, 1956

BETHEL TOWNSHIP VETERANS HOME ASSOCIATION LIQUOR LICENSE CASE.


Appeal, No. 1, April T., 1956, from order of Allegheny County Court, 1955, No. 38, in re application for club liquor license of Bethel Township Veterans Home Association. Order reversed. Appeal by applicant from decision of Pennsylvania Liquor Control Board refusing club liquor license. Before KAUFMAN, J.

COUNSEL

Lewis J. Nescott, Special Deputy Attorney General, with him Herbert B. Cohen, Attorney General, and Horace A. Segelbaum, Deputy Attorney General, for appellant.

James F. Callahan, with him Alvin J. Porsche, for appellee.

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

Author: Rhodes

[ 180 Pa. Super. Page 160]

OPINION BY RHODES, P.J.

This appeal is by the Pennsylvania Liquor Control Board from an order of the County Court of Allegheny

[ 180 Pa. Super. Page 161]

County sustaining the application of the Bethel Township Veterans Home Association for a club liquor license and directing its issuance by the Liquor Control Board.

The appeal is before us on the question whether, under the quota provisions of the Liquor Code of April 12, 1951, P.L. 90, § 461, 47 PS § 4 - 461, the number of inhabitants in a municipality is to be determined by the prior decennial census of the United States or by a more recent enumeration made by the school directors of the municipality pursuant to the Public School Code of 1949.

Appellee, a non-profit corporation, applied to the Pennsylvania Liquor Control Board for a club liquor license for its premises in the Borough of Bethel, Allegheny County. The board by decision dated September 17, 1954, refused to grant the license for the reasons that the Borough of Bethel had a quota of twelve licenses; that there were at that time sixteen licenses in effect of the type counted against the quota; and that the legal quota being exceeded the board was prohibited by law from granting the new license in that municipality.

The court below in sustaining the appeal by appellee from the decision of the board, after a hearing de novo, found that the Borough of Bethel had a population of 16,337 inhabitants and a quota of seventeen licenses, and that the granting of this application would not exceed the quota. The 1950 federal decennial census showed the population of the Borough of Bethel to be 11,324. The court stated that it accepted as competent evidence to establish the number of inhabitants an enumeration made under a resolution of the School Directors of the ...


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