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CIALELLA LIQUOR LICENSE CASE. (03/24/60)

March 24, 1960

CIALELLA LIQUOR LICENSE CASE.


Appeal, No. 21, April T., 1960, from order of Court of Quarter Sessions of Lawrence County, June T., 1959, No. 100, in re transfer of liquor license of Christine Cialella. Order affirmed.

COUNSEL

Frank O. Moretti, for appellant.

Sherman K. Levine, Special Assistant Attorney General, with him George G. Lindsay and Horace A. Segelbaum, Assistant Attorney Generals, and Anne X. Alpern, Attorney General, for Pennsylvania Liquor Control Board, appellee.

Thomas P. Johnson and Maurice B. Cohill, Jr., with them Thomas V. Mansell, and Kirkpatrick, Pomeroy, Lockhart & Johnson, for protestant, appellee.

Joseph McFate and McFate & Rea, for protestant, appellee.

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

Author: Rhodes

[ 191 Pa. Super. Page 527]

OPINION BY RHODES, P.J.

This is an appeal from an order of the Court of Quarter Sessions of Lawrence County reversing an order of the Pennsylvania Liquor Control Board which had approved the transfer of a liquor license.

On August 6, 1958, appellant applied for the transfer of liquor license from 114 South Jefferson Street

[ 191 Pa. Super. Page 528]

    to 30 West Washington Street in the City of New Castle. Protests were filed by religious and charitable institutions located within 300 feet of the proposed new location; one of the institutions being located only a distance of 28 feet, and the other 70 feet. A hearing was held on October 9, 1958, and the transfer was refused by the board. Upon application by the appellant, a rehearing was held on April 9, 1959, after which the board, on April 29, 1959, approved the transfer. In so far as the record discloses, the board filed no memorandum, made no findings of fact, and did not write an opinion either refusing the transfer or subsequently granting the transfer. The protestants (First Christian Church and the Y.M.C.A.) appealed to the court of quarter sessions which held a hearing de novo, made findings of fact, and concluded that the board abused its administrative discretion in granting the transfer to premises within the restricted area.*fn1 Accordingly, it reversed the order of the board. The applicant then appealed to this Court.

The Legislature has clearly proclaimed in the Liquor Code its policy that, when a restricted institution is within 300 feet of premises proposed to be licensed or to which a license is proposed to be transferred, such circumstance alone is sufficient upon which to base a refusal of the grant or transfer of the license. ...


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