Saybolt's License

53 Pa. D. & C. 468, 1945 Pa. Dist. & Cnty. Dec. LEXIS 295
CourtPhiladelphia County Court of Quarter Sessions
DecidedApril 16, 1945
Docketliquor docket 1945, no. 952
StatusPublished

This text of 53 Pa. D. & C. 468 (Saybolt's License) is published on Counsel Stack Legal Research, covering Philadelphia 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
Saybolt's License, 53 Pa. D. & C. 468, 1945 Pa. Dist. & Cnty. Dec. LEXIS 295 (Pa. Super. Ct. 1945).

Opinion

Milner, J.,

— We have before us for consideration the appeal of Joseph Saybolt from the order of the Pennsylvania Liquor Control Board revoking restaurant liquor licenses issued to him for premises 1901 East Cumberland Street, Philadelphia, for the years beginning November 1,1942, and ending October 31, 1943, and beginning November 1, 1943, and ending October 31,1944, upon his applications therefor as owner.

On July 24, 1944, the Liquor Control Board issued two citations against Saybolt to show cause why his above-mentioned licenses should not be revoked, upon which hearings were had before an examiner for the board. The citations, order of the board and the record made before the board’s examiner were submitted as part of the record on appeal before this court, and at the hearing before this court the only additional testimony was that given by John G. Dillon who represented Saybolt in the purchase of the taproom at 1901 East Cumberland Street.

[470]*470The Liquor Control Board found that Saybolt: (1) “Is not the only person in any manner pecuniarily interested in the operation of the licensed premises”; (2) he “falsified his application” for the above-mentioned licenses; (3) he “has been employed at other than the licensed business without the approval of the Pennsylvania Liquor Control Board”.

Under the provisions of the Pennsylvania Liquor Control Act of June 16, 1987, P. L. 1762, the Liquor Control Board has the power “To grant, issue, suspend, and revoke all licenses and permits, authorized to be issued under this act and the regulations of the board”: section 201 (d) ; and to “make such regulations, not inconsistent with this act, as it may deem necessary for the efficient administration of this act”: section 202. Section 402 of the act provides that every applicant for a restaurant liquor license “shall file a written application with the board, in such form and containing such information as the board shall, . . . prescribe” and that all applications must be verified by affidavit of the applicant.

The other pertinent sections of the Pennsylvania Liquor Control Act are as follows:

Section 403: “Upon receipt of the application, the proper fees, and bond, and upon being satisfied of the truth of the statements in the application that the applicant is the only person in any manner pecuniarily interested in the business so asked to be licensed, and that no other person will be in any manner pecuniarily interested therein during the continuance of the license, except as hereinafter permitted, and that the applicant is a person of good repute . . . the board shall, in the case of a hotel or restaurant, grant and issue to the applicant a liquor license . . .”

Section 410. “Upon learning of any violation of this act, or any laws of this Commonwealth relating to liquor, alcohol, or malt or brewed beverages, or of any regulations of the board adopted pursuant to such laws, [471]*471or any violation of any laws of this Commonwealth or of the United States of America relating to the tax payment of liquor or malt or brewed beverages by any licensee, his officers, servants, agents or employes, or upon any other sufficient cause shown, the board may, within one year from the date of such violation or cause appearing, cite such licensee to appear before it or its examiner ... to show cause why such license should not be suspended or revoked. Hearings on such citation shall be held in the same manner as provided herein for hearings on applications for license. [See Section 404] Upon such hearing, if satisfied that any such violation has occurred, or for other sufficient cause, the board shall immediately suspend or revoke the license . . .”

The pertinent regulations of the board are as follows:

“Regulation R43-19B

“Subject: Employment of Licensees and Appointment of Managers.

• “Section 1. Operation of license. A liquor or retail dispenser’s license is a personal privilege which must be exercised by the individual to whom the license is issued. The operation of a licensed business is a full time responsibility requiring the constant attention of the licensee.

“Section 2. Employment of licensee. No individual holding a liquor or retail dispenser’s license in his own name is permitted to be employed at, or engaged in any other business except with the approval of the board and then only in accordance with board regulations. The licensee shall spend the major portion of every day on his licensed premises in charge of the business.

“Section 3. Appointment of managers. In the event of illness or an extended vacation, the liquor control board will approve the appointment of a manager for a period of not more than thirty days. In case of emergency, this approval may be extended, upon written request from the licensee. This manager shall be a repu[472]*472table citizen of the United States, and the licensee shall immediately notify the board in writing of his desire to appoint a manager, giving the name and home address of the manager, and the date and place of birth and naturalization. If there is any change of manager, the licensee shall immediately give, to the board written notice of such change, together will full information for the new person desired to be appointed. No individual may act in the capacity of manager in a licensed establishment until the licensee has received notice from the board that his appointment meets with approval.”

From the testimony and exhibits offered in evidence it appears that Saybolt in January 1941, applied for the transfer of the restaurant liquor license for premises 1901 East Cumberland Street from Charles Rapp, from whom he testified that he bought the license. The license was granted on his application on November 1, 1942, for one year and upon his application it was on November 1,1943, renewed for another year. The purchase price was about $3,100 and Saybolt informed the board that he had borrowed the money to make the purchase from his uncle, Louis Kazmer, and his mother had also loaned him about $300. He executed 31 judgment notes for $100 each, payable to Louis and Carrie Kazmer every 15 days successively after March 15, 1941. Carrie Kazmer is Louis Kazmer’s wife and Say-bolt’s aunt. The evidence indicates that at the time the license was granted the Kazmers were not residents of Pennsylvania, and certainly they could not qualify as applicants for the license because they had not been citizens of this Commonwealth for three years as required by section 402 of the act. Kazmer had held a liquor license in Miami, Florida, and Atlantic City, N. J. About a week or two after the license was granted the Kazmers moved into the licensed premises and have lived there ever since. From the record it is apparent that they promptly took charge of and conducted the [473]*473restaurant and taproom. Mrs. Kazmer tended bar and prepared the sandwiches and other food which were sold. About April 1944, Mr. Kazmer, who also served as bartender, had brought some stolen liquor upon the licensed premises, and was arrested and convicted in the Federal court on a charge concerning his unlawful acquisition of the liquor, and was sentenced to the Federal penitentiary. From the record it would appear that Saybolt knew nothing about this incident. In fact the record shows that he was seldom on the licensed premises.

Saybolt entered the employ of the Exide Batteries Company on October 1, 1942, and was still employed there at'the time of the hearings.

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Bluebook (online)
53 Pa. D. & C. 468, 1945 Pa. Dist. & Cnty. Dec. LEXIS 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saybolts-license-paqtrsessphilad-1945.