Cambria County Liquor Licenses

Citations

• 78 Pa. Super. 28
• 1921 Pa. Super. LEXIS 334

Syllabus

<p>Liquor laws — License—Retail licenses — Determination of necessity — Order refusing licenses — Question on appeal.</p> <p>The duty of determining the question of the necessity for licenses to sell liquor is by the law imposed upon the judges of the court of quarter sessions. Where the court of quarter sessions consists of two judges, liquor licenses will be refused unless both judges concur in granting them.</p> <p>Upon an appeal from an order refusing all applications for liquor licenses, the appellate court is limited to the ascertainment of the grounds upon which the court below based its decision. If the reason set forth is a legal reason, the order must be affirmed.</p> <p>An order refusing to grant any liquor licenses in a county will not be reversed, as an abuse of discretion, where the judge of quarter sessions states his ground for refusal as follows: “We are, therefore, of the opinion that, under the facts as they appear to us, there is no necessity for the granting of any liquor licenses in the County of Cambria.”</p> <p>Liquor laws — Volstead Act — Act of May 5, 1921 — Searing— Scope of examination — Refusal to attend hearing.</p> <p>In determining the question of necessity for liquor licenses, it was entirely proper for the court below to consider the fact that, under the Volstead Act, it would not be lawful for any person to whom a license issued to sell liquors containing one-half of one per cent, or more, of alcohol.</p> <p>The act of assembly, approved May 5, 1921, (Woner Act), expressly recognizes the paramount authority of the acts of Congress passed pursuant to, and in the enforcement of, the 18th Amendment of the Constitution of the United States.</p> <p>There was no abuse of discretion in the action of the court below in notifying all applicants for license that they would be examined upon the necessity for the license, fitness of the applicant, and violation of state and federal laws by the applicant.</p> <p>Refusal of applications without