Moore v. Delaware Liquor Com'n

• Citation: 6 Terry 569,77 A.2d 74,45 Del. 569
• Parties: , 45 Del. 569 MOORE v. DELAWARE LIQUOR COMMISSION.
• Decision Date: 29 November 1950
• Court: Court of General Sessions of Delaware

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77 A.2d 74 6 Terry 569, 45 Del. 569 MOORE
v.
DELAWARE LIQUOR COMMISSION. Court of General Sessions of Delaware, Sussex County. Nov. 29, 1950.

Daniel J. Layton, Jr., of Georgetown, for appellant.

Daniel J. Layton, Sr., of Georgetown, for appellee.

RICHARDS, C. J., and WOLCOTT, J., sitting.

WOLCOTT, Judge, delivering the opinion of the Court:

On February 7, 1949, the appellant applied to the Commission for a license to

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sell alcoholic liquors for consumption on his restaurant premises. The establishment of the appellant, Pine Forest Tavern, is located at a point three miles east of Seaford on the Concord Road, Sussex County. The application for the license was in proper form, and notice of the application was published as required by the Liquor Control Act.

[45 Del. 570] The Commission received a protest against the issuance of the license applied for dated January 24, 1949, signed by thirty-seven persons styling themselves 'citizens of the Concord Community.'

On January 27, 1950, the Commission held a hearing on the application of the appellant, at which time both the Commission and the appellant were represented by counsel and an opportunity was given in accordance with the law for the production of evidence and the examination of witnesses.

Following the hearing, the Commission made its decision denying the application for a license, filing its findings of fact and reason for the decision as required by law.

The facts, as they appear in the record, are briefly as follows: The appellant is a Negro resident of the Concord Community and operates a restaurant, holding at the present time a license for the sale of beer to be consumed on the premises. It further appears that the appellant desires the license for the sale of all alcoholic liquors on his restaurant premises, primarily for the convenience of Negro patrons, and that 99% of the present patrons of his place of business are Negroes.

The Community of Concord is a rural residential community and has a population predominantly Negro on a proportion o about three to one. Within a radius of five miles of the appellant's place of business, there is an adult Negro population of approximately six hundred. The patrons of the appellant's place of business are members of this community and, in addition, are drawn from a larger area of Sussex County.

Within a radius of five miles of the appellant's place of business, there are eleven establishments where alcoholic liquors may be...