Charles D. Kaier Co.

Citations

• 49 Pa. Super. 413
• 1912 Pa. Super. LEXIS 343

Syllabus

<p>Liquor laws — License—Brewer’s license — Ownership of building used as saloon — Acts of May IS, 1887, P. L. 108, and June 9,1891, P. L. 857.</p> <p>1. The ownership by a brewing company of a large number of buildings leased to tenants to carry on a retail liquor business therein, is a circumstance proper to be considered by the court in passing upon an application for a license by the brewing company, in ascertaining whether such company has a pecuniary interest in the profits of the business done by its tenants under the retail liquor licenses.</p> <p>2. The covenants of the leases under which the tenants hold, or an agreement collateral to the lease, or the evidence as to the manner in which the parties do business, may establish to the satisfaction of the court that the brewing company has a pecuniary interest in the profits of the business done under the retail licenses and that the saloons are mere agencies of the brewery, but the mere ownership of the property by the brewing company, without more, does not so conclusively establish that the landlord has a pecuniary interest in the profits of the business done by his tenant as to warrant the court in holding that the granting of the license in the present case involved an abuse of discertion by the court below.</p> <p>3. On an appeal from an order granting a liquor license the conclusion of the court below as to the facts cannot be reviewed. The opinion of the court below in such a case is not in strictness a part of the record, and is only to be considered for the purpose of ascertaining the grounds upon which the court based its action.</p>