In re Inch's Appeal

56 Pa. D. & C. 320, 1946 Pa. Dist. & Cnty. Dec. LEXIS 15
CourtLackawanna County Court of Quarter Sessions
DecidedJune 3, 1946
Docketno. 201
StatusPublished

This text of 56 Pa. D. & C. 320 (In re Inch's Appeal) is published on Counsel Stack Legal Research, covering Lackawanna County Court of Quarter Sessions primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Inch's Appeal, 56 Pa. D. & C. 320, 1946 Pa. Dist. & Cnty. Dec. LEXIS 15 (Pa. Super. Ct. 1946).

Opinion

Hoban, J.,

Appellants are restaurant proprietors in the City of Carbondale, Lackawanna County. As such they were licensed as retail dispensers of malt and brewed beverages under the Beverage License Law and held such a license from some period prior to the Liquor License Quota Act of June 24, 1939, P. L. 806, 47 PS §744-1001. On January 4, 1946, they applied to the Pennsylvania Liquor Control Board for a restaurant liquor license to replace and substitute for a retail dispenser’s license.

On June 24, 1939, the City of Carbondale had 30 retail dispensers’ licenses or restaurant liquor licenses [321]*321and there are the same number at the present time. The evidence does not disclose the separate number of retail dispensers’ licenses and restaurant liquor licenses, but the total of 30 combined exceeds the quota law, which would authorize only 20 within the City of Carbondale.

The board took the position that the exchange or substitution of a restaurant liquor license for a retail dispenser’s license would be the issue of a new license and that the board was without authority under the quota law to issue the license as requested. The sole question at issue in this appeal, therefore.is this: Does the exchange of a retailer dispenser’s license for the sale of malt and brewed beverages for a restaurant liquor license constitute the issue of a new license so as to violate the quota provisions of the Act of June 24, 1939?

The pertinent provision in the quota law reads as follows:

“No licenses shall hereafter be granted by the Pennsylvania Liquor Control Board for the retail sale of malt or brewed beverages, or the retail sale of liquor and malt or brewed beverages in excess of one of such licenses, of any class, for each one thousand inhabitants or fraction thereof, in any municipality, exclusive of licenses granted to hotels, as defined in this act, and clubs; . . . Nothing contained in this section shall construed as deliying the right to the Pennsylvania Liquor Control Board to renew or to transfer existing retail licenses of any class, notwithstanding that number of such licensed places in a municipality shall exceed the limitation hereinbefore prescribed; but where such number exceeds the limitation prescribed this act, no new license, except for hotels as defined this act, shall be granted so long as said limitation exceeded.”

Only four decisions attempting to construe the language above quoted have come to our attention, al[322]*322though there are undoubtedly more sions since the question involved is the perplexing one construing rather ambiguous language.

In Kester’s Appeal, question came up and the appeal was dismissed. The Superior Court in that ease took the position that ap-to the Superior Court was barred by the provi-of the Pennsylvania Liquor Control Act and the Beverage License Law prohibiting appeals from the decisions of the court of quarter sessions.

The Superior Court then went on as

necessary that we are of opinion that the construction placed upon the several acts above referred to by the board and the court below was correct.

“The respective licenses authorized by the statutes are different and distinct, and transfers or exchanges from one kind of license to the other are not contemplated, except on the basis of new applications, which are subject to the limitations prescribed by the Act of 1939, P. L. 806, supra. See Spankard’s Liquor License Case, 138 Pa. Superior Court, 251, 10 A. 2d 899.” (Italics supplied.)

The language quoted as pointed out by Hargest, P. J., Dauphin County, in his concurring opinion in the Appeal of Country Club of Harrisburg, 55 D. & C. 65, and hence not binding as precedent. The lower court cases, considering the language of Kester’s Appeal as binding, followed it in disposing of requests for exchanges of types of licenses : Appeal of Matz, 35 Luz. 281; Appeal of American Club of Coplay, 21 Lehigh 109. But in the Country Club of Harrisburg case, supra, the Dauphin County Court considered that the exchange of a club malt or brewed liquor license for a club liquor license was not a new license within the meaning of the quota law. The theory of the majority of the court is that the prohibition in the quota law is not against the issuance [323]*323of a different class of license to be substituted for one already in effect, but against the granting of an additional license which would increase the number already in effect.

Since we are without binding precedent, we are forced to an independent examination of the statute for interpretation.

Some provisions of the Statutory Construction Act of May 28, 1937, P. L. 1019, are pertinent:

' “Section 51. The object of all interpretation and construction of laws is to ascertain and effectuate the intention of the Legislature. Every law shall be construed, if possible, to give effect to all its provisions.-

“When the words of a law are not explicit, the intention of the Legislature may be ascertained by considering, among other matters ... (4) the object to attained; ... (6) the consequences of a particular interpretation; . . .

“Section 52. In ascertaining the intention of the Legislature in the enactment of a law, the courts may guided by the following presumptions among others:

“(1) That the Legislature does not intend a result that is absurd, impossible of execution or unreasonable;

“(2) That the Legislature intends the entire stat-to be effective and certain;

“Section.33. Words and phrases shall be construed according to rules of grammar and according to their common and approved usage . . .”

It is clear that the purpose of the quota law is to limit the number of retail licenses issued. Hence, it is obvious that where the quota according to population has been exceeded, no new license in the sense of an additional license can be issued. But can we logically give meaning to the word “new” to include the exchange of one class of retail license for another, where [324]*324the total number of retail licenses is not thereby increased? We now examine the consequences of such an interpretation.

The types of retail liquor licenses authorized to be issued under the Pennsylvania Liquor Control Act include the following: Hotel licenses, restaurant licenses, club licenses, public service licenses, sacramental wine licenses. Here we use the word “retail” in its common meaning to include “the sale of goods in small quantities especially by those who have bought in larger quantities to resell at a profit; opposed to wholesale.” The definition is taken from the New Standard Dictionary. Hotels are specifically excluded from consideration in the quota law, and the courts of this county have consistently held that clubs are likewise excluded.

Under the Beverage License Law we find that retail dispensers’ licenses may be issued to hotels, eating places or clubs and to public service corporations for the purposes of licensing dining ears on railroads and dining facilities on ships. Distributors and importing distributors’ licenses issued under the Beverage License Law are in one sense retail licenses, because through sale by distributors is the only lawful method in which individuals may purchase malt or brewed beverages in case lots or in excess of a total quantity of 72 ounces. Again we exclude hotels and clubs from consideration.

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Related

Spankard's Liquor License Case
10 A.2d 899 (Superior Court of Pennsylvania, 1939)

Cite This Page — Counsel Stack

Bluebook (online)
56 Pa. D. & C. 320, 1946 Pa. Dist. & Cnty. Dec. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-inchs-appeal-paqtrsesslackaw-1946.