Seagrave Social Club's License

37 Pa. D. & C. 575, 1939 Pa. Dist. & Cnty. Dec. LEXIS 50
CourtYork County Court of Quarter Sessions
DecidedDecember 29, 1939
StatusPublished

This text of 37 Pa. D. & C. 575 (Seagrave Social Club's License) is published on Counsel Stack Legal Research, covering York 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
Seagrave Social Club's License, 37 Pa. D. & C. 575, 1939 Pa. Dist. & Cnty. Dec. LEXIS 50 (Pa. Super. Ct. 1939).

Opinion

Sherwood, P. J.,

This matter comes before the court on appeal from the refusal of the Pennsylvania Liquor Control Board to issue to appellant a club license for the sale of malt or brewed beverages.

At the argument, counsel stipulated that the number of licenses now in effect in Wrightsville, York County, Pa., exceeds the quota allowed under the Act of June 24, 1939, P. L. 806; but it is contended that the act violates article III, sec. 3, of the Pennsylvania Constitution, in that: (1) The subject or subjects contained therein are not clearly expressed in its title; (2) it necessitates the application of a ridiculous and ludicrous formula not contemplated by the legislature. Appellant abandoned other objections set forth in the appeal.

Appellant’s first contention is based upon the phraseology of the title of the act and the allegation that the [576]*576alcoholic beverage laws do not designate either liquor or beer licenses as retail licenses or licenses for the retail sale of liquor or malt and brewed beverages. The title of the act is as follows:

“An act limiting the number of licenses for the retail sale of liquor, malt or brewed beverages, or malt and brewed beverages, to be issued by the Pennsylvania Liquor Control Board; defining hotels, and prescribing the accommodations required of hotels in certain municipalities.”

The general principles governing the construction of article III, sec. 3, of the Pennsylvania Constitution, have been so frequently reiterated by the courts of the Commonwealth that a brief reference to them will suffice. It is well settled that this provision does not require that the title of a statute must be an index to its contents; nor a synopsis thereof: Commonwealth ex rel. v. Liveright, etc., et al., 308 Pa. 35; Commonwealth ex rel. v. Irvin, 110 Pa. Superior Ct. 387: Soldiers & Sailors Memorial Bridge, 308 Pa. 487. The title of an act need only name the real subject of legislation and designate that subject with sufficient clearness so that one of “reasonably inquiring state of mind” would be put on inquiry as to the body of the act: Constitutional Defense League v. Waters, 309 Pa. 545. In determining whether the title of an act is sufficient, the Constitution presupposes such a state of mind as would cause the reader to follow the trail indicated by the main part of the title into the body of the act: Boocks’ Petition, 303 Pa. 363; Fedorowicz v. Brobst, 254 Pa. 338; Graeff v. Schlottman et al., 287 Pa. 342; Baker et al. v. Kirschnek et al., 317 Pa. 225.

In Commonwealth v. Stofchek, 322 Pa. 513, the court said: [577]*577lemma, namely, that the title of an act must be so general or so particularized as to include all of its subject-matter, and yet not so general as to give no indication of its purpose, nor so particular as to inferentially exclude from its scope any items inadvertently omitted. As stated in Soldiers and Sailors Memorial Bridge, . . . the provision is not applicable ‘unless a substantive matter, entirely disconnected with the named legislation, is included within the folds of the bill’. It is intended to operate to exclude from the measure that which is secret and unrelated. . . . The history of this section indicates that this is its true purpose.”

[576]*576“The real purpose of section 3, of article III, must be considered in answering the question raised by appellant. The provision was not intended to exercise a pedantic tyranny over the grammatical efforts of legislators, nor to place them between the horns of a constructional di-

[577]*577The act in question contains but one subject, which is clearly expressed in its title, to wit, the limitation of the number of licenses for the retail sale of liquor or malt and brewed beverages. The other provisions of the act are germane to its subject.

But it is contended by counsel for appellant that under the provisions of the Beverage License Law of June 16, 1937, P. L. 1827, 47 PS §84, a club license is not a retail dispenser license. That this contention is not tenable clearly appears by reference to the following provisions of the Beverage License Law. Section 6 (a) provides, inter alia:

“. . . the board shall, in the case of a hotel or eating place, grant and issue, and, in the case of a club, may, in its absolute discretion, grant and issue, to the applicant a retail dispenser’s license.” Section 19(d), in fixing the fees for retail dispensers, provides:
“In the case of a retail dispenser, except clubs, the license fee shall be graduated according to the population,” etc. Section 22(a) provides:
“No retail dispenser shall sell any malt or brewed beverages for consumption on the licensed premises except in a room or rooms or place on the licensed premises at all times accessible to the use and accommodation of the general public; but this section shall not be interpreted to prohibit a retail dispenser from selling malt or [578]*578brewed beverages in a hotel or club house . . . occupied by a bona fide registered guest or member entitled to purchase the same.”

It is, therefore, evident that throughout the act the legislature considered a club licensee a retail dispenser. The word “retailer” and the words “retail dispenser” are used interchangeably in the said act.

The words “licenses for the retail sale of liquor, malt or brewed beverages, or malt and brewed beverages” include hotel, restaurant, eating place, and club licenses, and any other licenses issued by the Pennsylvania Liquor Control Board under which licenses alcoholic beverages may be sold by the glass, etc., for consumption only on the premises where sold with a sole exception of a quantity of malt or brewed beverages, to wit, 72 fluid ounces, that may be sold under such licenses for off-premise consumption. In other words it seems to us that all licenses that permit the sale of alcoholic beverages by the glass, etc., for consumption only on the premises where sold (except as above stated), are licenses for the “retail sale” as distinguished from licenses for the “wholesale sale”, under which licenses consumption on the licensed premises is prohibited.

The Statutory Construction Act of May 28,1937, P. L. 1019, 46 PS §501, provides, in section 33: “Words and phrases shall be construed according to rules of grammar and according to their common and approved usage”. Webster’s dictionary defines “retail” as the “sale of commodities in small quantities or parcels; — opposed to wholesale. ... Of, pert, to, engaged in, or connected with, retailing commodities; as, retail trade, grocer, or price. ... To sell in small quantities, as by the single yard, pound, gallon ... to sell directly to the consumer; as, to retail cloth or groceries.”

The Pennsylvania Liquor Control Act authorizes the holders of restaurant, hotel, and club liquor licenses to sell liquor by the glass, etc., and also malt or brewed beverages for consumption on the licensed premises, and, in [579]*579certain cases, malt or brewed beverages in small quantities for consumption off the licensed premises. This type of sale is a “retail sale” within the dictionary definition and according to the common and approved usage of the phrase. This is also confirmed by what the Supreme Court said in Commonwealth v.

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Related

Baker v. Kirschnek
176 A. 489 (Supreme Court of Pennsylvania, 1934)
Commonwealth Ex Rel. Schnader v. Liveright
161 A. 697 (Supreme Court of Pennsylvania, 1927)
Graeff v. Schlottman
135 A. 308 (Supreme Court of Pennsylvania, 1926)
Boocks's Petition
154 A. 710 (Supreme Court of Pennsylvania, 1931)
Commonwealth v. Stofchek
185 A. 840 (Supreme Court of Pennsylvania, 1936)
Soldiers and Sailors Memorial Bridge
162 A. 309 (Supreme Court of Pennsylvania, 1932)
Constitutional Defense League v. Waters
164 A. 612 (Supreme Court of Pennsylvania, 1932)
Commonwealth of Pa. Ex Rel. v. Irvin
168 A. 868 (Superior Court of Pennsylvania, 1933)
Fedorowicz v. Brobst
98 A. 973 (Supreme Court of Pennsylvania, 1916)

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Bluebook (online)
37 Pa. D. & C. 575, 1939 Pa. Dist. & Cnty. Dec. LEXIS 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seagrave-social-clubs-license-paqtrsessyork-1939.