Cohen v. Orlove

Collins, J., delivered the opinion of the Court. This is an appeal by Max A. Cohen, appellant, from a decree of Circuit Court No. 2 of Baltimore City directing him as landlord to sign an assent to the renewal of an alcoholic beverage license applied for by the appellees, tenants, for the businesses known as the “Oasis Cabaret” and “Harry’s Bar” in Baltimore City. The pleadings in the case and the testimony show that in December, 1944, the appellant sold to the appellees for $60,000.00 the cabaret and tavern business which he had theretofore conducted. On January 1, 1945, he leased the premises where these businesses were conducted to the appellees, Julius A. Orlove, Samuel A. Miller, and Henry J. Miller, Co-partners trading as “Harry’s Bar” and “Oasis Cabaret”, for the period of five years at a rental of $5,000.00 a year, with the option to renew the lease for the period of ten additional years at the same rental.

The appellant, having' returned from Florida, asked to come in the businesses as a one-fifth partner. On January 29, 1945, the appellant, con ²⁴⁰ tributing as his share of the capital the sum of $18,-500.00, was, together with Samuel A. Levin, the uncle of the appellees, taken into the partnership, the businesses then being owned by five partners. On November 4, 1945, the appellant ceased to be a partner. On January 21, 1946, he executed a release to the other four partners for the sum of $32,000.00 in full settlement of all his right, title, and interest in the partnership and at the foot of this release executed the following: “I, Max A. Cohen, agree to sign application for Renewal of Liquor License during Term of Lease.” The appellant claims that he was told that Samuel A. Levin was getting out of the partnership at the same time.

On March 26, 1946, appellees filed an application for the renewal of their liquor license and the license was issued to expire April 30, 1947. On January 15, 1947, the counsel for the appellees forwarded to the appellant an application for a liquor license to include the name of Samuel A. Levin. The request was made that the appellant as landlord of the premises sign an assent to the issuance of the license. Appellant refused to sign this assent on the ground that he had not leased the premises to Samuel A. Levin and had never agreed to assent to the issuance of a license in his name.

Counsel for appellees advised counsel for appellant on March 3, 1947, that Levin was no longer a member of the partnership, having withdrawn therefrom on February 28, 1947. The request was then made that appellant sign the assent to an application for the renewal of the liquor license in the name of the appellees here. Appellant refused to sign the assent. From that part of the decree of April 29, 1947, directing the appellant to sign on behalf of the appellees, “An Application for Renewal of Alcoholic Beverage License, Class D., Beer, Wine and Liquor and for a Special Amusement Permit for the premises now conducted as ‘Oasis Cabaret’ and ‘Harry’s Bar’ ”, appellant appeals here.

Appellant claims that Samuel A. Levin is still a partner or is otherwise pe ²⁴¹ cuniarily interested in the liquor license for the premises applied for, and therefore that he should not sign an assent to the liquor license when there was a person interested in the businesses not mentioned in the application. Article 2B, Alcoholic Beverage, Code 1943 Supplement, Section 13, sub-section (13), provides that every application for a license shall contain: * * * a statement that no person except the applicant is in any way pecuniarily interested in said license or in the business to be conducted thereunder during the continuance of the license applied for * * * .” Sub-section (15) provides that the application shall contain: “A statement duly executed and acknowledged by the owner of the premises in which the business is to be conducted assenting to the granting of the license applied for, and authorizing the Comptroller, his duly authorized deputies, inspectors and clerks, the Board of License Commissioners of the County or City in which the place of business is located, its duly authorized agents and employees and any peace officer of such City or County, to inspect and search, without warrant the premises upon which the business is to be conducted, and any and all parts of the building in which said business is to be conducted, at