Cambria County Brewers' Licenses
Cambria County Brewers' Licenses
Opinion of the Court
Opinion by
These separate appeals are from orders refusing the appellants’ respective applications for license as brewers. Groenner & Co. is a copartnership and the other appellants are domestic corporations. This is the final decree which in each of the appeals is assigned for error: “Now, May 3,1921, after full hearing and upon due consideration, all applications for liquor license for the year 1921, are, for the reasons above given, refused, and the clerk of the court is directed to make each and all of said license applications, both wholesale and retail, ......‘Refused.’ ” The appeals may be considered, first, in the light of the several records proper, and, second, in the light of the opinions delivered by the president judge and the associate judge, learned in the law, of the court below. The record proper in each case comprises the petition for a license, certificate of electors, and bond, all admittedly in due form and regularly filed. If the final order in each case had simply been in the form, “After full hearing and upon due consideration, the application is refused,” it would be legally presumed from the order, that the applicants had a full hearing, at a time duly fixed by rule or standing order of the court and that the court had performed its duty to hear and decide according to law: Empire Brewing Company’s License, 47 Pa. Superior Ct. 547; Gross’s License, 161 Pa. 344; American Brewing Company’s License, 161 Pa. 378. There is, therefore, nothing in the record proper which would require the reversal of the orders of the court below.
It is well settled that, where the court of quarter sessions sets forth in its final order the reason for which it refuses the application for a license, thus making it a part of the record, and the reason thus set forth is not a legal reason, its action will be set aside by the appellate court as being an abuse of discretion and, therefore, not according to law: Gemas’s License, 169 Pa. 143. The same has been held, practically, where the court
' We must, .therefore, examine the opinion of the assistant judge, learned in the law, to ascertain the grounds upon which the refusal was based. We learn from that opinion that because the judges of the court had become convinced that it was their duty, under then existing conditions, “to require all applicants for license to appear before the court and submit to an examination, at the hearing of their applications, and all applicants were notified that they would be required to appear before the court and submit to an examination upon any matters bearing upon the necessity for the license, fitness of the applicant, including the inquiry as to whether or not there had been any violation of any of the liquor laws of the State by the applicant, and that in this inquiry was included the question as to whether or not the applicant had violated the provisions of the Yolstead Act.” There had been filed four applications for brewer’s license, but, after receiving this notice to appear and
The only question, under the statute, for the consideration of the court in granting or refusing an application for a brewer’s license is whether the applicant is or is not a fit person to whom the license should be granted. The opinion of the learned additional law judge of the court below dealt with all the applications for license to sell liquor, wholesale, retail and brewers, as standing upon the same footing and to be disposed of upon the same principles. It does not refer to the fitness of any applicant, but deals exclusively with the necessity for any license in Cambria County. He thus states the cpnclusion at which he arrived: “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, and as far as we, as one of the judges in this court are concerned, we make the following order and decree”: “And now, March 7, 1921, all applications for the sale of liquor at wholesale and retail now pending before this court are refused.” There is no escaping the conclusion that the only question upon which the learned judge based his action was that there was no necessity for any brewer’s license in
The order of the court below is, in each of these appeals, reversed and the record remitted with a procedendo.
Reference
- Full Case Name
- Cambria County Brewers' Licenses. Appeal of Groenner & Co.
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Liquor laws — Licenses—Brewers—Refusal of licenses — Reason for refusal — Question on appeal. If the court of quarter sessions, refusing licenses for all brewers in tbe county, makes a final order to tbe effect tbat “After full bearing and upon due consideration, tbe application is refused,” it would be presumed, upon appeal, tbat a bearing was bad, and tbat tbe court bad performed its duty. Where, however, tbe court below sets forth its reasons for refusal of licenses, it becomes tbe duty of tbe appellate court to examine into tbe reason given, and to set aside the action of the court as an abuse of discretion, if the reason set forth is not a legal reason. Liquor laws — Licenses—Brewers—Scope of examination — Necessity — Fitness of -applicant — Act of June 9,1891, P. L. £57. The only question, under the Act of June 9, 1891, P. L. 251, for the consideration of the court in granting, or refusing, an application for a brewer’s license, is whether the applicant is, or is not, a fit person to whom the license should be granted. The question as to necessity does not apply to a brewer or distiller. Where the court has refused licenses to brewers, without passing upon their fitness, the order of the court must be reversed. Liquor laws — Licenses—Hearing—Refusal to submit to examination — Rules of couH. The court of quarter sessions cannot discharge its statutory duty to those who apply for licenses as brewers without a hearing. If it appeared, from the record upon appeal, that an applicant had refused to appear and be examined in the court below, an appeal, by such applicant, from the order refusing a license, would be dismissed. No rule of court could divest the court of its statutory authority to 'examine the applicant.