Holt's Cigar Co. v. City of Philadelphia

Supreme Court of Pennsylvania

Holt's Cigar Co. v. City of Philadelphia

975 A.2d 1081, 601 Pa. 572

CourtSupreme Court of Pennsylvania

DecidedJuly 9, 2009

DocketAppeal Nos. 491 EAL 2008

StatusPublished

This text of 975 A.2d 1081 (Holt's Cigar Co. v. City of Philadelphia) 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.

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Holt's Cigar Co. v. City of Philadelphia, 975 A.2d 1081, 601 Pa. 572 (Pa. 2009).

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Opinion

ORDER

PER CURIAM.

AND NOW, this 9th day of July, 2009, the Petitions for Allowance of Appeal are GRANTED. The issue, rephrased for clarity, is:

[573]*573Does the General Assembly’s inclusion of a scienter requirement in the crimes established by 35 P.S. § 780-113(a)(33) preempt Philadelphia Code §§ 9 — 622(5)(a) and 9-629(2), which impose civil penalties for the sale of enumerated products without requiring a showing of the seller’s intent?

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ORDER

PER CURIAM.

AND NOW, this 9th day of July, 2009, the Petitions for Allowance of Appeal are GRANTED. The issue, rephrased for clarity, is:

[573]*573Does the General Assembly’s inclusion of a scienter requirement in the crimes established by 35 P.S. § 780-113(a)(33) preempt Philadelphia Code §§ 9 — 622(5)(a) and 9-629(2), which impose civil penalties for the sale of enumerated products without requiring a showing of the seller’s intent?

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Bluebook (online)

975 A.2d 1081, 601 Pa. 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holts-cigar-co-v-city-of-philadelphia-pa-2009.