1412 Spruce, Inc. v. Commonwealth, Pennsylvania Liquor Control Board

474 A.2d 280, 504 Pa. 394, 1984 Pa. LEXIS 248
CourtSupreme Court of Pennsylvania
DecidedApril 18, 1984
Docket6 E.D. Appeal Docket, 1983
StatusPublished
Cited by38 cases

This text of 474 A.2d 280 (1412 Spruce, Inc. v. Commonwealth, Pennsylvania Liquor Control Board) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
1412 Spruce, Inc. v. Commonwealth, Pennsylvania Liquor Control Board, 474 A.2d 280, 504 Pa. 394, 1984 Pa. LEXIS 248 (Pa. 1984).

Opinions

[396]*396OPINION OF THE COURT

FLAHERTY, Justice.

This case involves the issue of whether a liquor license is personal property subject to the execution process. The question arose when appellee, 1412 Spruce, Inc., closed its business and, pursuant to standard Pennsylvania Liquor Control Board (hereinafter PLCB) procedures applicable in these circumstances, forwarded its restaurant liquor license to the PLCB for safekeeping. A holder of an outstanding money judgment against appellee filed a writ of execution directing the Sheriff of Dauphin county to attach and publicly sell appellee’s liquor license. The Board was served a copy of this writ as garnishee, and it turned over the license to the Sheriff, who conducted a public sale on or about July 31, 1981, at which the license was sold for $95.14.

Appellee, 1412 Spruce, Inc., then sought a preliminary injunction in Commonwealth Court to enjoin PLCB from transferring or issuing its restaurant liquor license to a successful bidder at a public sale. Commonwealth Court issued a preliminary injunction, and subsequently a summary judgment in favor of appellee, reasoning that the appellee’s liquor license “continues as a personal privilege and does not constitute a property right subject to the execution process.” 70 Pa.Comwlth Ct. 501, 505, 453 A.2d 382, 384 (1982). The Liquor Control Board appealed from this order granting summary judgment.

Appellant’s primary argument is that although a restaurant liquor license is a privilege as between the licensee and the Liquor Control Board, it is property as between the licensee and third parties, and is, therefore, subject to the execution process. Pa.R.C.P. 3107, which deals with the levy and attachment of real or personal property, and which governs the attachment in this case, provides:

Real or personal property of the defendant may be levied upon or attached in any order or simultaneously, as the plaintiff may direct.

[397]*397(Emphasis supplied). Since the license in this case was attached pursuant to Rule 3107, in order for the attachment to be permissible, we must hold that the license is “property.” However, as Commonwealth Court pointed out, section 468(b.l) of the Liquor Code, referring to instances in which a liquor license is placed in safekeeping with the PLCB, states in pertinent part that “ ‘[t]he license shall continue as a personal privilege granted by the board and nothing herein shall constitute the license as property.’ ” 70 Pa.Commwlth.Ct. at 503, 453 A.2d at 383. (Emphasis in original).

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Bluebook (online)
474 A.2d 280, 504 Pa. 394, 1984 Pa. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/1412-spruce-inc-v-commonwealth-pennsylvania-liquor-control-board-pa-1984.