RIZZO LIQUOR LICENSE CASE


174 Pa.Super. 143 (1953)

Rizzo Liquor License Case.

Superior Court of Pennsylvania.

November 11, 1953.


Attorney(s) appearing for the Case

Edward J. Harkins, with him Robert J. Wharton, Marlin B. Stephens, Solicitor for School District of Johnstown, and Harkins & Wharton, for appellant.

Philip N. Shettig, with him Leonard Sobol, Thomas A. Swope and Shettig, Swope & Shettig, for appellees.

Before RHODES, P.J., HIRT, RENO, ROSS, GUNTHER, WRIGHT and WOODSIDE, JJ.


OPINION BY HIRT, J., November 11, 1953:

The question in this appeal is whether the Liquor Control Board, under § 468 (a) of Article IV(C) of the Act of April 12, 1951, P.L. 90, 47 PS § 4-468, had the power to refuse the transfer of a restaurant liquor license in the exercise of an administrative discretion under the circumstances of this case.

On October 6, 1952, Sam and Joseph Rizzo applied to the Liquor Control Board for the transfer to them of...

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