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DEANGELIS LIQUOR LICENSE CASE. (06/11/57)

June 11, 1957

DEANGELIS LIQUOR LICENSE CASE.


Appeal, No. 33, March T., 1957, from order of Court of Quarter Sessions of Dauphin County, Jan. T., 1956, No. 256, in the matter of the restaurant liquor license of James G. DeAngelis et al. Order affirmed.

COUNSEL

Maurice R. Metzger, with him Jefferson, C. Barnhart, Henry A. Frye, and Metzger, Wickersham & Knauss, for protestant, appellant.

Horace A. Segelbaum, Assistant Attorney General, with him Thomas D. McBride, Attorney General, for Liquor Control Board, appellee.

G. Thomas Miller, with him Bailey & Rupp, for applicants, appellees.

Before Rhodes, P.j., Hirt, Gunther, Wright, Ervin, and Watkins, JJ. (Absent, Woodside, J.).

Author: Rhodes

[ 183 Pa. Super. Page 391]

OPINION BY RHODES, P.J.

This is an appeal from an order of the Court of Quarter Sessions of Dauphin County sustaining the grant of a restaurant liquor license by the Pennsylvania Liquor Control Board.

On November 4, 1955, James G. DeAngelis, Samuel J. DeAngelis, Richard J. DeAngelis and Anthony DeAngelis, trading as DeAngelis Grill (hereinafter called licensees) filed an application with the Liquor Control Board for a restaurant liquor license for premises located at the corner of Chocolate and Linden Avenues in the village of Hershey, Derry Township, Dauphin County. The licensees had operated a restaurant and had a malt beverage license at these premises for twenty-one years prior to the application. Appellant, the First Evangelical United Brethren Church of Hershey, filed a protest with the board; the church is located within one hundred feet of the premises. A hearing was held before an examiner, and, on January 24, 1956, the board approved the issuance of the liquor license, effective February 1, 1956. Appellant received due notice of the board's action. The board did not file an opinion at that time. On February 14, 1956, appellant appealed to the Court of Quarter Sessions of Dauphin County.*fn1 The licensees petitioned to intervene as appellees and the East Pennsylvania Conference (UB) of the Evangelical United Brethren Church petitioned to appear as amicus curiae. On April 18, 1956, the board filed a petition (upon which rule was

[ 183 Pa. Super. Page 392]

    issued and an answer filed) requesting permission to file, nunc pro tunc, its opinion setting forth its reasons for its order of January 24, 1956,*fn2 granting the license. Hearing de novo on the appeal was held. After argument the court below, on October 8, 1956, entered an order permitting the licensees to intervene and the Conference to participate as amicus curiae, permitting the filing of the board's opinion nunc pro tunc, and affirming on the merits the action of the board in granting the license. Accordingly, the appeal was dismissed. Appellant then appealed to this Court.

This was the fourth application made by the licensees for restaurant liquor license. In 1946 their application was refused by the board because the quota was then filled and appellant had protested. According to the board's record the quota for Derry Township at that time was nine licenses, with twelve licenses counted against the quota, to wit, seven restaurant liquor licenses and five malt beverage licenses. Second and third applications were filed in 1949 and 1951, respectively; they were withdrawn prior to any action thereon by the board.

During the twenty-one years that the licensees held a malt beverage license at these premises it does not appear that they have been charged with any infraction of the liquor laws or of any improper conduct in connection therewith. The protestant did not attack the reputation of the licensees or of ...


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