In re Mark

Citation176 A. 254,115 Pa.Super. 256
PartiesIn re MARK.
Decision Date18 December 1934
CourtSuperior Court of Pennsylvania
176 A. 254
115 Pa.Super. 256

In re MARK.

Superior Court of Pennsylvania.

Dec. 18, 1934.


176 A. 255

Appeal No. 252, October term, 1934, from judgment of Court of Quarter Sessions of the Peace, Delaware County, No. O, page 89, Miscellaneous Quarter Sessions Docket; Albert Dutton MacDade, Judge.

Proceeding by the Commonwealth to revoke a malt liquor license issued to Jacob Mark. From an order revoking the license, Jacob Mark appeals.

Reversed in part, and affirmed in part.

Argued before KELLER, CUNNINGHAM, BALDRIGE, STADTFELD, PARKER, and JAMES, JJ.

R. Paul Lessy, Joseph E. Pappano, and John E. McDonough, all of Chester, for appellant.

C. William Kraft, Jr., Asst. Dist. Atty., of Media, and William J. MacCarter, Jr., Dist. Atty., of Chester, for the Commonwealth.

KELLER, Judge.

The main question raised by this appeal is whether the court of quarter sessions has the authority to revoke a malt liquor license for cause shown other than a violation "of the laws of this Commonwealth relating to the sale of malt liquors or relating to the manufacture, sale or transportation of alcohol or other alcoholic beverages."

The result depends upon the construction given the Act of May 3, 1933, P. L. 252, entitled "An Act To regulate and restrain the traffic in malt, brewed, and vinous and fruit juice beverages," etc.

The "Beverage License Law," which was the short title of the act, now amended by the Act of December 20, 1933, P. L. 75 (Extra Sess. 1933 [47 PS § 84 et seq.]), to "Malt Liquor License Law," established a new system of licensing the sale of malt liquors, wholly different from that in force prior to the adoption of the Eighteenth Amendment. The authority to license was placed in the county treasurer instead of the court of quarter sessions, and his discretion in granting the license is limited to seeing that the applicant comes within the requirements of the act, and is not barred by other existing legislation. See Act July 9, 1881, P. L. 162 (47 PS §§ 181, 182). Subject to the restrictions imposed by later provisions, the sixth section of the act (Act May 3, 1933, P. L. 252, § 6 [see 47 PS § 89]) directed that the county treasurer "shall issue to a person who conducts a reputable hotel, or incorporated' club, or a reputable, bona fide eating place where food is regularly and customarily prepared and sold, and who makes application upon a form as hereinafter prescribed, pays the license fee hereinafter prescribed, and files the bond hereinafter required, a retailer's license for such place." It provided, however, that: "Such licenses shall be issued only to reputable individuals who are citizens of the United States and have for one year been residents of the municipality or township wherein the place of business is located ✓at the date of their applications, or to reputable corporations organized or duly registered under the laws of Pennsylvania."

The definitions previously given in the act (section 2 [see 47 PS § 85]) limit the word "retailer" to persons licensed to engage in the retail sale of beverages, where the consumption thereof is upon the premises of such vendor, with the privilege of selling beverages to be carried from the premises by the purchaser thereof only, however, in the original containers; and "eating place" to mean a room having an area of not less than 300 square feet and equipped with tables and chairs accommodating forty persons at one time.

The applicant for such a license is required, by sections 10 and 11 (see 47 PS §§ 93, 94), to file with the county treasurer a written application in which he avers that he is within the conditions prescribed for the issuance of the license, and sets forth in detail information which the Legislature deemed necessary for the granting of the license. Annexed to the application is a certificate which must be signed by at least twelve reputable qualified electors of the ward, borough, or township in which such malt liquors are to be sold setting forth their acquaintance with the applicant, that they have good reason to believe that the statements contained in the application are true, and they therefore believe that the application should be granted and that the license should issue. The application must be verified by affidavit of the applicant, and false swearing on the part of the applicant is made perjury.

It is not necessary to state here at length the conditions which must be met by the applicant and the information he must set forth

176 A. 256

in his application. They are printed at length in the margin.1 It is enough to note that the act aims...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT