Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-08-19
Liquor Dealers
In Southwest
Get Relief.
Displaced Owners
Await Decision
On Moving Store

A test case that may offer
relief to some 10 Southwest
Washington liquor dealers due
to be replaced by city redevel-
opment opened today before
the Alcoholic Beverage Control
Board.
David Miller, one Of the
Southwest businessmen. asked
to transfer his Class A license
from $40 Seventh street S.W.
to 1870 Benning road Sc.
His Benning road site is an
empty lot, except for a fruit
stand, where Miller proposes to
build a new store.
His bid was contested by Pas
cal della Badia. who runs Pats
Liquor Store, Inc, a potential
competitor, at 4445 Benning
road NE. Mr.. Badia's attor-
ney, Nathan Lubar. contended
that no license could be is
sued except to q premises al
ready standing.
Controversial Question
The case revolves around
this controversial question,
which has arisen for the first
time in connection with the
plight Of southwest liquor
dealers. They have sought un-
successfully in the past to
move into empty buildings.
but have been turned away by
the board in answer to neigh
borhood protests.
Alan Payne. board chairman
said he knew Of no place where
these dealers could move after
he had denied in June q previ-
Gus plea of another southwest
operator. Bernard Green. Mr..
Green since has been forced
to close his business at 624
Fourth street S.W., already an
almost deserted area, board
officials said.
Mr.. Lubar attacked the issu-
ance Of a license to Mr.. Miller
as ridiculous" In an effort
to set aside q hearing on the
new case. he arged that Com
missioners' regulations required
that premises. not only land,
be appropriated for q liquor
store.
"A watermelon shed now
standing on this land is not
an appropriate place for the
license" he insisted. 1T has no
doors. no windows and its roof
Is held up only by posts"
Not IN Future"
He commended that Mr..
Payne's board must consider
q liquor store building today,
not in the future. II the board
were to approve a location for
store to be erected in the
future. then opponents would
be robbed Of their chance to
protest the premises in the
future. he pointed out.
Mr.. Payne overruled his ob-
lection. stating that an investi.
cation Of the law and regula-
tons had failed to turn up any
requirement that premises be
buildings.
IAN open lot is a premises, I"
Mr.. Payne ruled.
This apparently was the lib
eral Interpretation" promised
by Mr.. Payne Of laws govern
ing his board when ways to
ease the hardship of SOUTH
west liquor men were sought
by city fathers two months
ago.
Mr.. Lubar also, tried to
quash Mr.. Miller's petition on
grounds that the Gospel Ark
Temple Of Our Lord Jesus
Christ at ASH Benning road
Sc. was within 400 feet OF the
proposed entrance to the new
liquor store.
Rules on Location
The board, under its regula-
tons. must bar licenses for
liquor stores within 400 feet of
a church with 100 members on
land zoned for residential use.
J. E. Bindeman and Philip
Goldstein, attorneys for Mr..
Miller. asserted that the store
entrance would be much more
than 400 feet" from the church
door. A board investigator re-
ported that the church, with
seating capacity Of rs persons,
had only 20 members.
Henry Ashton, associate
planner of the District Zoning
Commission. was called by Mr..
Lubsr. however. as first wit
ness. to testify that the church
site was surrounded by resi-
dental land. Surveyors maps
were submitted to verify the
distance.
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