Evening star., 1939-10-25
A. B. T.. Board Clash
On Restricted Area
Policy Disclosed
Majority Decision in
License Transfer
illegal, Lodge Holds

A serious clash of opinion among
members 6 the Alcoholic Beverage
Control Board over what policy
should prevail in granting or deny
ing permits to establishments near
churches and schools reached a
climax last night when the board
made public majority and minority
findings over the licensing of sale of
bottled beers and wines at $50 r
street NV.
Thomas E. Lodge, board chairman,
who released the records in the case.
denounced the majority decision to
grant the permit as illegal"
In lengthy statement of the case,
he enunciated as his policy a dec
laration that the board "at every op-
portunity" should refuse to issue a
new permit, or refuse to grant a
transfer of a license, to places in
close proximity to churches, schools
and like institutions.
Two Decisions Made.
In the r street case, there were
two hearings and two decisions. At
the first hearing, August IS, Board
Member Mrs. Agnes K. Mason was
not present. The application for
transfer of the permit from the for
mer owner, Reuben Deckelbaum, to
the purchaser of the store, Philip
Grawitz, was denied by vote of
Chairman Lodge and Isaac Cans.
At the second hearing. October 4,
which Mr.. Lodge announced was
granted as courtesy to counsel" j"
all three board members were pres
ent. Mr.. Lodge voted against the
transfer, Mrs. Mason voted for it,
and Mr. Cans voted yes" in a re-
versal of his previous stand.
Mr.. Lodge, in his formal memo
nandum, insisted the application had
been legally denied and that there
was mo legal ground" for the re-
hearing of the case. He argued that
the final decision would tend only
to confusion and to criticism of the
policies and conduct of the board"
On her side, Mrs. Mason, in q
one-page memorandum, recited the
history of the case, concluding with:
THE board finds that the transferee,
Philip Grawitz, is a man of good
moral character and meets all the
requirements of the act and regula-
tions. Therefore I feel, in denying
this transfer, the board would not
be consistent with the intention of
the act and the policy which the
board always has followed"
Cites Original Decision.
In her citation of the facts, Mrs.
Mason explained that the store had
been the subject of a beer and wine
license for three years, that the
board previously had found the 10
cation appropriate" although it
had considered the facts of the loca-
ton Of two churches within 400 feet.
She said no protest had come in the
past from the church members and
that in the present case no protest
had been received.
Mr.. Cans, it was said, likewise
wrote memorandum, but this was
not made public.
There was change in counsel for
the applicant, between the first and
second hearings. Mr.. Lodge said he
would make no comment on the ef-
feet Of denying the case to one law
yer and then granting it to Sec
ond. But he said the decision might
be construed as q change in policy.
He added:
Il want to make it clear that it is
no change of policy so far as I am
concerned, and am absolutely con-
vinced the best interests Of the en-
tire public and the best interests Of
the liquor industry are served when
this board at every opportunity de-
cines the issuance of new or trans
fer licenses to places in close prox-
unity to churches, schools and like
institutions"