Board of Liquor License Commissioners v. Keswick Improvement Ass'n

BrunB, C., J., delivered the opinion of the Court. The appellants, The Board of Liquor License Commission ⁶⁰⁰ ers of Baltimore City (the City Board), and Frank Hoffman and others (Hoffman), trading as Frank’s Cut Rate Liquors, Inc., appeal from an order of the Baltimore City Court (Prendergast, J.), which reversed the action of the Board in approving the transfer of a Class A license for the sale of beer, wine and package goods at 501 West Cold Spring Lane, Baltimore, from the holder thereof, Gleason and Lutts, Inc., to Hoffman. The appellees, a neighborhood improvement association, a civic league and various individuals opposed to the transfer, move for the dismissal of the appeal. The City Board took the position that on a transfer only the fitness of the applicants to conduct the business need be considered under Code (1957), Art. 2B, § 74 (a), and that in such a case, as distinguished from the issuance of an original license for the sale of alcoholic beverages at a particular location, there was no need to consider any question of public convenience and accommodation.

However, it went on to say that if public convenience and accommodation were an issue, that the re-establishment of a package goods license at this location would be for the public convenience and accommodation. Judge Prendergast disagreed with the City Board as to its interpretation of the law, and he also found no substantial evidence to support the City Board’s conclusion on the facts as to public convenience and accommodation. Judge Harlan had flatly made a similar holding less than a year earlier when Hoffman sought a transfer of the same license to a new location a few doors away from 501 West Cold Spring Lane. Under § 175 (f) of Art. 2B of the Code (1957), an appeal to this Court is permitted only if a Judge of the Circuit Court of any County or of the Baltimore City Court “shall finally decide a point of law at variance with any decision previously rendered by any other Judge of the State on the same question.” On appeal to this Court only the question of law so determined is open to review.

To supply the required basis for appeal, the appellants have caused to be inserted in the record on appeal opinions and orders of Judge Macgill in two related cases in the Circuit Court for Howard County. In each opinion, he expressed a view as to the interpretation of § 74 (a) of Art. 2B, supra, in accordance with that of the City ⁶⁰¹ Board in the present case and at variance with the subsequent holding of Judge Prendergast herein. However, in neither of the cases decided by Judge Macgill was his interpretation of § 74 (a) the ground of his decision. In the first of these cases (King v. Scott, et al., Constituting the Board of Liquor License Commissioners of Howard County, No. 4670 Law), the Howard County Board