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MOTTA LIQUOR LICENSE CASE. (12/14/60)

December 14, 1960

MOTTA LIQUOR LICENSE CASE.


Appeal, No. 230, April T., 1960, from order of County Court of Allegheny County, No. C1864 of 1959, in matter of renewal application for restaurant liquor license of Edward Motta. Order reversed.

COUNSEL

Lewis J. Nescott, Special Assistant Attorney General, with him Horace A. Segelbaum and George G. Lindsay, Assistant Attorneys General, and Anne X. Alpern, Attorney General, for Commonwealth, appellant.

Stephen A. Zappala, with him Zappala & Zappala, for appellee.

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

Author: Woodside

[ 194 Pa. Super. Page 43]

OPINION BY WOODSIDE, J.

This is an appeal by the Pennsylvania Liquor Control Board from an order of the County Court of Allegheny County directing the board to issue a renewal

[ 194 Pa. Super. Page 44]

    restaurant liquor license to Edward Motta, trading as "Modern Grill", for premises in Pittsburgh.

Motta was issued a restaurant liquor license which terminated April 30, 1959. On March 2, 1959, he filed an application with the Pennsylvania Liquor Control Board for renewal of the license.

Section 470(a) of the Liquor Code of April 12, 1951, P.L. 90, 47 P.S. § 4-470(a), provides, inter alia, as follows:

"(a) All applications for renewal of licenses under the provisions of this article shall be filed at least sixty days before the expiration date of same and not thereafter. Unless the board shall have given ten days' previous notice to the applicant of objections to the renewal of his license, based upon violation by the licensee ... or unless the applicant has by his own act become a person of ill repute, or unless the premises do not meet the requirements of this act or the regulations of the board, the license of a licensee shall be renewed when the applicant shall file with the board a new approved bond and shall pay the requisite filing fee and license fee specified in this act."

When Motta applied for a renewal of his license, he did not pay or tender the $10 filing fee or the $600 license fee required by § 405 ...


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