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, 2009 Pa. LEXIS 1281

Procedural entryThis page is a short order in Holt's Cigar Co. v. City of Philadelphia. Read the opinion of the Court — 608 Pa. 146 →

Supreme Court of Pennsylvania·Decided July 9, 2009·No. 491 EAL 2008, No. 492 EAL 2008·Published

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:

*1082 Does 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:

*1082 Does 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?

Holt's Cigar Co. v. City of Philadelphia, 975 A.2d 1081, 601 Pa. 572, 2009 Pa. LEXIS 1281 (Pa. 2009).

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