Martz's License

Citations

• 12 Pa. Super. 521
• 1900 Pa. Super. LEXIS 270

Syllabus

<p>Liquor law — Place of amusement — Description of place — Part of building — Discretion of court.</p> <p>If a building contains a place of amusement within the meaning of the Act of 1881, P. L. 162, the premises as a whole cannot be licensed; and while the mere fact that there is a place of amusement in the building does not necessarily make the whole building a place of amusement within the meaning of the act, nor make it unlawful to grant a license for the sale of liquor in a certain part thereof if there be no communication of any kind between the two places and no possible way of going from one to the other without going into the public highway, it still remains within the sound discretion of the license court to grant or refuse the license and the exercise of such discretion will not be reviewed by the appellate court.</p> <p>The refusal of the license would seem to be a wise exercise of discretion where the description of the place for which the license is applied for more aptly describes the whole building than it does any particular part of it.</p>