Gemas's License

Citations

• 169 Pa. 43
• 32 A. 88
• 1895 Pa. LEXIS 1065

Syllabus

<p>Liquor license — Distiller's license — Act of June 9, 1891.</p> <p>By the aet of June 9,1891, P. L. 257, the granting of licenses to wholesale dealers, brewers, distillers, etc., of spirituous, vinous and malt liquors; is assimilated to a certain extent to the licensing of retailers, and is put1 within the discretion of the court of quarter sessions, but section 6 of the act giving a discretion to the court to refuse a license “ whenever such license is not necessary for the accommodation of the public, or the apJ x plicant is not a fit person,” etc., is qualified by the proviso of sec. 4 of the act, that the necessity “for the accomodation of the public .... shall not apply to a brewer or distiller.”</p> <p>Applicants are entitled to a hearing, and the discretion given to the court is a judicial discretion.</p> <p>Where the only reason assigned for the refusal of the license is not a valid one under the statute, and there is no other ground for refusing it, the license should be granted : Johnson’s License, 156 Pa. 322; Gross’s License, 161 Pa. 344; Mead’s License, 161 Pa. 375; Am. Brewing Co.’s License, 161 Pa. 378.</p>