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CLUB OASIS (03/19/63)

March 19, 1963

CLUB OASIS, INC. LIQUOR LICENSE CASE.


Appeal, No. 358, Oct. T., 1962, from order of Court of Quarter Sessions of the Peace of Philadelphia County, March T., 1962, No. 1291, in re application of Club Oasis, Inc. for transfer of liquor license. Order affirmed.

COUNSEL

Russell C. Wismer, Special Assistant Attorney General, with him George G. Lindsay, Assistant Attorney General, and David Stahl, Attorney General, for Pennsylvania liquor Control Board, appellant.

Thomas D. McBride, with him Robert M. Borden, Alan J. Davis, Leo H. Loffel, and Wolf, Block, Schorr and Solis-Cohen, for applicant, intervenor-appellant.

Matthew W. Bullock, Jr., Assistant City Solicitor, with him George J. Ivins, Assistant City Solicitor, James L. Stern, Deputy City Solicitor, and David Berger, City Solicitor, for Protestants, appellees.

Before Rhodes, P. J., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Montgomery

[ 200 Pa. Super. Page 441]

OPINION BY MONTGOMERY, J.

The application of Club Oasis, Inc., intervenor-appellant, for the transfer of its liquor license from 2947 Richmond Street to 547 West Lehigh Avenue, both in Philadelphia, Pennsylvania, having been approved by the Pennsylvania Liquor Control Board, an appeal was taken to the Court of Quarter Sessions of the Peace of that county by the Board of Trustees of the Free Library of Philadelphia and the City of Philadelphia, the present appellees. The Club Oasis, Inc. was permitted to intervene as a party defendant in that appeal. The Quarter Sessions Court, after hearing, sustained the appeal, reversed the board and refused the transfer.

[ 200 Pa. Super. Page 442]

This appeal by the board and Club Oasis, Inc., followed.

The club raises several questions that may be stated briefly as follows: (1) Did the library and city have the right to appeal to the Quarter Sessions Court? (2) Did the Quarter Sessions Court improperly admit into evidence the report and recommendation of the board's examiner? (3) Was the admissible evidence sufficient to support the order of the court? The board raises only the question referred to as (2).

,(1) The Free Library of Philadelphia was incorporated as a private charitable corporation in 1891. In 1894, its directors requested the City of Philadelphia to accept a donation of a large number of books, which the city did accept on December 31, 1894, under authority of the Act of May 23, 1887, P.L. 179. Thereafter the city created the Board of Trustees of Free Library of Philadelphia, composed in part of city officials and their nominees and in part of private individuals. This arrangement was continued by § 3-802*fn1 of the Philadelphia Home Rule Charter. We conclude that the library remains such an institution as to be included in § 464 of the Pennsylvania Liquor Code of April 12, 1951, P.L. 90, art. IV. 47 P.S. 4-464 which provides that ...


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