Malt Bev. Dist. Assoc., Pet v. PLCB

Opinion

8 MAP 2016

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

MALT BEVERAGE DISTRIBUTORS : No. 648 MAL 2015 ASSOCIATION, GABLER'S BEVERAGE : DISTRIBUTOR, INC. AND PKD, INC., :

: Petition for Allowance of Appeal from Petitioners : the Order of the Commonwealth Court : :

v. :

: :

PENNSYLVANIA LIQUOR CONTROL : BOARD, :

:

Respondent :

:

OHIO SPRINGS, INC. AND SHEETZ, :

:

Intervenors :

ORDER

PER CURIAM

AND NOW, this 16th day of February, 2016, the Petition for Permission to

Substitute Answer to Petition for Allowance of Appeal of Intervener is GRANTED.

Furthermore, the Petition for Allowance of Appeal is GRANTED. The issues, as stated

by petitioner, are:

(1) Can a single store sell both gasoline and beer without violating the Liquor Code?

(2) Section 404 of the Liquor Code, 47 P.S. §4-404, prohibits the transfer of a liquor license to a “location” where “the sale of liquid fuels or oil is conducted”; what is a location?

(3) Section 468(a)(3) of the Liquor Code, 47 P.S. §4-468(a)(3), prohibits the transfer of a liquor license to “any place or property upon which is located as a business the sale of liquid fuels and oil”; what is a place or property?

Mr. Justice Eakin did not participate in the consideration or decision of this

matter.

[648 MAL 2015] - 2