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Diamond State Liquors v. Delaware Liquor Com'n

Court of General Sessions of Delaware, New Castle County

June 23, 1950

DIAMOND STATE LIQUORS, Inc.,
v.
DELAWARE LIQUOR COMMISSION.

Page 249

[Copyrighted Material Omitted]

Page 250

[45 Del. 414] James R. Morford, Wilmington, for the appellant.

Daniel J. Layton, Sr., Georgetown, for the Liquor Commission.

Before RICHARDS, C. J., and CAREY, J.

RICHARDS, Chief Justice.

The application of Diamond State Liquors, Inc., for a license to sell alcoholic liquor for consumption off the premises, at 1811 Lancaster Avenue, Wilmington, was presented to the Liquor Commission on May 25, 1949, after it had been advertised in two different newspapers in the county in compliance with the provision of the Liquor Control Act, Rev.Code 1935, § 6130 et seq.

Said application was accompanied by a certificate signed by 75 persons who resided in the neighborhood, likewise a certificate signed by 158 persons who were employed in the neighborhood, to the effect that a license granted at 1811 Lancaster Avenue as applied for, would serve the convenience and necessity of the residents of the neighborhood and members of the community who are consumers or potential consumers of alcoholic liquors; and [45 Del. 415] that there was a real and substantial need for a licensed package store, such as the one applied for, at the location in question.

Within ten days after the filing of said application, and before the license was issued, a protest against granting a license for the location named in said application, signed by 55 residents of the vicinity was filed with the Commission, setting forth that it was the belief of the protestants that there are sufficient licensed places in the neighborhood for the convenience of the public.

Consequently, the requisite notice was given the applicant and the protestants that a hearing would be conducted by the Commission to consider the application and the protests, in the Public Building, Wilmington, Delaware, at 2:00 P. M., on Wednesday, June 29, 1949.

It was brought out at the hearing that Front and Union Streets and Lancaster Avenue is the general shopping district for a large area which has built up in that section of Wilmington, a great portion of which is a restricted residence district, and that a sub-post office has been established in the 1800 block on Lancaster Avenue.

The plot of the locality which is part of the record, discloses that there is a licensed package store at 1918 Lancaster Avenue, where alcoholic liquor is sold for consumption off the premises, about a block and a half away from the location where the applicant desires to obtain a license; a taproom with a license to sell alocholic liquor both on and off the premises at 1925-1927 Lancaster Avenue, about two blocks away; a licensed package store, where alcoholic liquor is sold for consumption off the premises at 211 North Lincoln Street, about two and one half blocks away; a licensed taproom at 201 North Union Street, between three and four blocks away; a package store on Fourth Street, between Scott and duPont Streets, between four and five blocks away, where alcoholic liquor is sold for consumption off the premises [45 Del. 416] and a package store on Clayton Street near Third, between four and five blocks away, where alcoholic liquor is sold for consumption off the premises. In addition it appears that there are a number of licensed places in the area, either restaurants or taprooms, where alocholic liquor may be obtained for consumption on the premises.

Page 251

Attention was called to the fact that many of the residents of the neighborhood live closer to the location where the applicant desires to obtain a license, than to the locations where licenses already exist. The distance cannot be great, however, as it appears that one of the existing licensed places is only a block and a half from the place where the present license is asked for, and the farthest existing licensed place is between four and five blocks away.

There was testimony at the hearing that public necessity and convenience demands that the application of Diamond State Liquors, Inc., for a license to sell alcoholic liquor at 1811 Lancaster Avenue, for consumption off the premises, be granted; and also testimony to the effect that the granting of an ...


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