Evening star., 1933-05-17
Proprietors of Stores in Resi-.
dental Districts to Be
Granted Licenses.
BOTTLING RESTRICTED
IN ZONED TERRITORY
Decision Not to Appeal Judge
Adkins Decision and Rules
Changes Follow Conference.

The District Commissioners decided
today to accept as final, without an ap-
peal to the District Court Of Appeals,
the ruling late yesterday by the District
Supreme Court that of sale" beer
licenses may not be denied to stores To-
Gated In residential districts.
The ruling by Justice Jesse c. Ad-
kins In test case upset ruling by the
Commissioners in refusing numerous
applications for the sale Of bottled beer
by proprietors of stores located in resi-
Dental districts.
The Commissioners also decided to-
day to strike from their beer regulations
two paragraphs which prohibited the
granting of retail "off sale" permits to
stores in residential areas and whole-
salers' permits for places having SINH
lar zoning status. 1t was explained.
however, that bottling Of beer by hold
ers of wholesale permits still would not
be permitted In residential districts.
since this would be in violation OF the
zontng regulations themselves.
Conference First Held.
These decisions were reached by the
Commissioners after conferences with
Corporation Counsel w. w. Bride and
his assistant, Vernon E. West, who is
chairman Of the Beverage Permits
Board.
The Beer Board is anticipating a new
heavy rush Of applicants for permits as
a result of the elimination of the pro-
hibition on sale of bottled beer in resi-
Dental districts. West estimated today
that as many as 60 such applications
had been denied. He believed also
many applications OF that character
were not filed because Of the adoption
Of the prohibiting regulation.
Another change was made in the beer
regulations today. While holders Of "on
sale" permits are not allowed to sell
beer In closed containers, the Commits
sioners decided they would make excep-
tions in the cases Of bona-fide hotels
and clubs. The theory back Of this
move Is that guests Of clubs and hotels
wishing to order q supply Of beer for
an evening would not want to have the
entire order opened at one time.
Dram Declares Stand.
Capt Hugh p. Dram, director Of In
spection and executive officer Of the
he would ask to be relieved Of duty as
a member Of the beer board as soon
as it had completed issuance Of annual
permits to holders Of temporary beer
licenses His reason Is that the elini-
nation Of the residential zone prohibi-
tion from the beer regulations virtually
takes coming out OF supervision Of the
licensing.
Justice Adkins upheld yesterday the
Commissioners regulation barring on
sale permits to establishments within
200 feet Of primary or high schools.
His decision on the residential zone
came In mandamus actions brought to
compel Superintendent Of Licenses
Coombs to issue off-sale permits to
Samuel VERIFIED, who operates a gro-
cery. delicatessen and restaurant busi-
ness at the northeast corner Of Four
teenth and C streets northeast, and
Raymond ]. Lowry. proprietor Of drug
store at the southeast corner OF Elev-
enth and G streets northeast.
Second Regulation Upheld.
The second regulation of the Com
refusal to grant petition for an ii.
junction to restrain the District Gem
missioners from interfering in the Is
suance Of an on-sale permit to Peter
Robert Haley, who conducts a restaurant
at Thirty-sixth and N streets. a short
distance from q parochial school.
Attorney Joseph B. Stein represented
VERIFIED, James ]. Waters was attorney
for Lowry and Joseph A. Contrell repre-
sented Haley.