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TALLEY LIQUOR LICENSE CASE. (11/12/57)

November 12, 1957

TALLEY LIQUOR LICENSE CASE.


Appeal, No. 15, Oct. T., 1957, from order of Court of Quarter Sessions of Bucks County, Jan. T., 1956, No. 3, in re appeal of Warren E. Talley et al. Order affirmed.

COUNSEL

Robert Tower Potts, for appellant.

William N. J. McGinniss, Special Assistant Attorney General, with him Horace A. Segelbaum, Deputy Attorney General, and Thomas D. McBride, Attorney General, for appellee.

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

Author: Rhodes

[ 184 Pa. Super. Page 459]

OPINION BY RHODES, P.J.

This is an appeal by applicants for a hotel liquor license from an order of the Court of Quarter Sessions of Bucks County sustaining the action of the Pennsylvania Liquor Control Board refusing the grant of such license.

The board's refusal to grant a hotel liquor license to appellants was based on two reasons: (1) The quota for retail liquor and malt beverage licenses, chargeable against the quota, in Plumstead Township, Bucks County, wherein appellants' premises are located, was filled, and (2) the premises do not comply with the physical requirements of a hotel as prescribed by the Liquor Code of April 12, 1951, P.L. 90, § 461 (c), 47 PS § 4-461 (c).

There has been a malt beverage license for appellants' premises in Plumstead Township from about 1933. Prior to the effective date of the Volstead Act

[ 184 Pa. Super. Page 460]

    there was a license to sell liquor and beer on the premises. Appellants took possession on June 15, 1955, and a malt beverage license was granted thereafter to them.

Appellants do not question the findings of the board that the quota of three licenses for the township was filled or that the premises do not meet the specific physical requirements for a hotel set up by section 461 (c) of the Code, 47 PS § 4-461 (c).

Appellants' contentions are that, as the premises originally complied with the requirements for a hotel when a hotel malt beverage license was first granted about 1933, section 461 (c) of the Code is not applicable, and that to compel compliance now ...


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