Malt Beverages Distributors Ass'n v. Pennsylvania Liquor Control Board

965 A.2d 1269, 2009 Pa. Commw. LEXIS 62
Commonwealth Court of Pennsylvania·Decided February 23, 2009·Published·Cited by 1 cases

Opinion

OPINION BY

Judge SIMPSON.

In this appeal from an order of the Pennsylvania Liquor Control Board (PLCB), Malt Beverage Distributors Association (MBDA) asks whether the PLCB erred in granting Wegmans Food Markets, Inc.’s (Wegmans) application for a restau[1270] rant liquor license at its store in Williams-port, Pennsylvania. Essentially, MBDA argues the real seller of beer here is Weg-man’ supermarket, and the notion that Wegmans’ Market Café restaurant is actually the seller is merely a legal fiction. Wegmans asserts the PLCB erred in granting MBDA standing to intervene in the proceedings. Upon review, we affirm.

I. Background

In October 2006, Wegmans filed an application for the double transfer of Restaurant Liquor License No. R-13137 from Altar, Ltd. t/a Second Street Tavern, 830 Second Street, Williamsport, Pennsylvania, to itself, for the premises located at 201 William Street, Williamsport, Pennsylvania. MBDA, Linbur, Inc., and T & T Beverage, t/a Beverage Barn, filed a joint motion to intervene in the licensure proceedings. Wegmans filed an answer, requesting the PLCB deny the motion to intervene.

The PLCB’s Bureau of Licensing (Bureau) informed Wegmans it would conduct a hearing to take evidence regarding several objections by the Bureau, including:

1) The [PLCB] shall take evidence to determine if it should permit an interior connection to the unlicensed grocery store in accordance with Section 3.52(b) of the [PLCB’s] Regulations.
2) The [PLCB] shall take evidence to determine whether it should permit [Wegmans] to operate another business on the licensed premises (the storage and preparation of food items for the unlicensed grocery store as well as grocery item sales), in accordance with Section 3.52(c) of the [PLCB’s] Regulations.
3) The [PLCB] shall take evidence to determine if [Wegmans] will allow minors to frequent its licensed premises, in violation of Section 493(14) of the Liquor Code.[2]
‡ ‡ ‡ ‡ ‡
5) The [PLCB] shall take evidence and hear argument on the issue of whether the Commonwealth Court decision in Malt Beverage Distributors Association v. Pennsylvania Liquor Control Board, [918 A.2d 171 (Pa.Cmwlth.), appeal granted, 593 Pa. 413, 931 A.2d 626 (2007) ], and/or Section 3.52-3.54 of its Regulations, precludes an interior connection between a supermarket and a restaurant, notwithstanding the lack of reference to such a limitation in the Regulation and its predecessors, Regulation 103 and Regulation R-37-27 and further notwithstanding the [PLCB’s] historical policy of approving such connections when appropriate. [See ] Freedman v. Pennsylvania Liquor Control Board, 20 Pa. D [&] C[.]2d 353 (CCP Montgomery 1954). [See also ] Tacony Civic Association v. Pennsylvania Liquor Control Board, 668 A.2d 584 (Pa.Cmwlth.1995).
6) The [PLCB] shall take evidence and hear argument on the issue of whether the Commonwealth Court decision in Malt Beverage Distributors Association v. Pennsylvania Liquor Control Board, [918 A.2d 171 (Pa.Cmwlth.), appeal granted, 593 Pa. 413, 931 A.2d 626 (2007) ], and/or Section 3.52-3.54 of its Regulations, imposes a limitation on the size of the licensed business, notwithstanding the lack of reference to such a limitation in the Regulation and its predecessors, Regulation 103 and Regulation [R-]37-27 and further notwithstanding the [PLCB’s] historical interpretation of the Regulations to allow an interior connection to other businesses such as department stores (Wanamaker’s and Boscov’s). [1271]*12717) The [PLCB] shall take evidence to determine if [MBDA], [Linbur, Inc.] and [T T Beverage Co., Inc.], would be directly aggrieved by the granting of this application, which would qualify them as intervenors in this matter. See In re Application of Family Style Restaurant, Inc., 503 Pa. 109, 468 A.2d 1088 (1983); Malt Beverages Distribs. Ass’n v. Pa. Liquor Control Bd., 881 A.2d 37 (Pa.Cmwlth.2005).
8) The [PLCB] shall take evidence to determine that the approval of this application will not adversely affect the health, welfare, peace and morals of the neighborhood within a radius of 500 feet of the proposed licensed premises....

PLCB Op., Finding of Fact (F.F.) No. 2. A hearing ensued before a PLCB hearing examiner.

After healing,3 the PLCB hearing examiner issued a recommended opinion in which he opined the PLCB should approve Wegmans’ license transfer application. In addition, the hearing examiner opined MBDA would not be directly aggrieved if Wegmans obtained the requested license and, therefore, it should not be granted intervenor status.

The PLCB subsequently issued an order approving Wegmans’ license application. The order indicated if an appeal was filed the PLCB would issue an opinion in support of its order. Wegmans filed three motions asking the PLCB to clarify and/or reconsider its order. Each motion focused on the standing of MBDA, Linbur, Inc., or T & T Beverage, t/a Beverage Barn to intervene in the proceedings. Ultimately, the PLCB clarified its prior order, holding MBDA had standing and expressly granting it intervenor status. The PLCB declined to grant Linbur, Inc., or T & T Beverage, t/a Beverage Barn intervenor status because no one appeared at the hearing on their behalf and, therefore, they failed to show how they would be directly aggrieved. MBDA filed a petition for review to this Court, and' the PLCB issued an opinion in support of its order.4

II. PLCB’s Opinion

A. PLCB’s Findings

The PLCB’s opinion in support of its order approving Wegmans’ license application contained 422 findings, which are summarized below.

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Malt Beverages Distributors Ass'n v. Pennsylvania Liquor Control Board, 965 A.2d 1269, 2009 Pa. Commw. LEXIS 62 (Pa. Ct. App. 2009).

965 A.2d 1269 (Malt Beverages Distributors Ass'n v. Pennsylvania Liquor Control Board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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