Empire Brewing Company's License

Citations

• 47 Pa. Super. 547
• 1911 Pa. Super. LEXIS 200

Syllabus

<p>Liquor law — Brewer’s license — Reasons for ref mal.</p> <p>1. Although an order refusing an application for a liquor license may not expressly declare that it was made after hearing, yet if it appears by the docket entries, that on a previous date the case was called and heard, the appellate court will presume that the provisions of sec. 2, of the Act of June 9, 1891, P. L. 257, relating to a hearing were complied with.</p> <p>2. Where an order refusing a liquor license does not set forth the court’s reasons therefor, the appellate court will presume in the absence' of anything to show to the contrary, that the license was refused for a legal reason, and not arbitrarily.</p> <p>3. The fact that a building described in an application for a brewer’s license is in a dilapidated and worn out condition, and utterly unfit for a brewery, is a relevant fact in determining whether a license should be granted, but the court of quarter sessions will not be presumed to have based its refusal on this ground alone, where the record shows that the refusal was made after a proper hearing. On such an application the court is not confined, in its determination of the case to the objections set forth in the remonstrance.</p>