Evening star., 1952-01-05
5Liquor Dealers
May Be Charged
With Conspiracy
Georgetown Fight
To Prevent Business
Competition Buckfires

Five Georgetown liquor dealers
may face charges of criminal con-
spiracy, as result of their fight
to keep another liquor dealer
from transferring his license for
package store to 5104 MacAr-
thur boulevard NV.
Alan w. Payne, chairman of
the Alcoholic Beverage Control
Board said at the close of a hear
ing yesterday he believes evidence
OF a criminal conspiracy was pro-
duced during the hearing. He
added he would urge the ABC
Board, after studying the matter.
TO send it to the proper authorities.
He said afterward he meant the
United States Attorney.
Deliveries Held Illegal.
Nathan M. Lubar, attorney for
Sidney Feldman. who is seeking
a transfer from 1921 Eighteenth
street NV. to the Macarthur
boulevard address, told the board
yesterday he believes it is against
the law for person to telephone
a package store and have delivery
made at his home.
The Georgetown dealers op-
posed the transfer because they
said it would cut into their busi-
ness. They testified they made
deliveries to residents of the Mac
Arthur boulevard area, about
three miles from their stores.
Mr.. Lubar said that the ABcI
Act provides:
Such license" package liquorI
store) shall authorize the holderI
thereof to sell beverages from the
place therein described and to de-
liver the same in the barrel, keg,
sealed bottle or other closed con-
tainer in which the same was re-
ceived by the licensee. which said
barrel. keg, sealed bottle, or other
closed container shall not be
opened by nor the contents con-
sumed on the premises where
sold"
Corporation Counsel Agrees.
Mr.. Lubar contended that call
ing in an order by telephone and
delivery to private home do not
constitute sale of liquor at the
place designated in the license,
but rather a sale originated and
ended at the home of the individ-
ual and is, therefore, contrary to
the law.
Assistant Corporation Counsel
Robert D. Wise, counsel for the
ABC Board. who was present at
the hearing, agreed with Mr..
Lubar.
1T is against the law for
liquor dealer to deliver liquor at
a place where he does not have a
license" Mr.. Wise said. He may
sell only on his licensed premises,
and if he delivers c. o. D. to some |
other premises, that is a sale off
his licensed premises and is con-
trary to law. BY this telephone
method, a dealer could sell to
a drunk or minor. and it is a
dangerous practice"
Joseph A. Kaufman, another
Of Mr.. Feldman's lawyers, asked
the board to study the question of
buying liquor over the telephone.
Chairman Payne also said he will
ask the board to study the matter.
Conspiracy Denied.
Attorney j. E. Bindeman, rep
resenting two of the Georgetown
liquor stores opposing the trans
fer, denied there is any conspiracy
and said it is usual for liquor
dealers to oppose any new license
coming into their area.
The Georgetown dealers oppos-
ing the transfer are Max Miller,
of the Eagle Wine and Liquor
Store, 3345 M street NV; Fred
Burka, proprietor of Burka's, $500 ,
Wisconsin avenue; Samuel Eisen- ,
berg, proprietor of/Pearson's Liq-
uor Annex. 2436 Wisconsin ave-
nue.; Morris Stirman, owner of
the Calvert Shop, 1912 Wisconsin
avenue, and Oscar Dodek. of the
Dixie Cut Rate Liquors, 3429 M
street NV.
The ABC Board has taken Mr.
Feldman's transfer application
under adviSement.