# Malt Beverage Distributors Ass'n v. Pennsylvania Liquor Control Board

> Supreme Court of Pennsylvania · February 16, 2016 · 635 Pa. 152

URL: https://www.frixlaw.com/law-library/cases/6270184

## Case

- **Full name:** MALT BEVERAGE DISTRIBUTORS ASSOCIATION, Gabler's Beverage Distributor, Inc. and PKD, Inc. v. PENNSYLVANIA LIQUOR CONTROL BOARD, Ohio Springs, Inc. and Sheetz, Intervenors
- **Court:** Supreme Court of Pennsylvania
- **Decided:** February 16, 2016
- **Citations:** 635 Pa. 152; 132 A.3d 972; 2016 Pa. LEXIS 208; 2016 WL 617985
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Consideration, Eakin, Matter
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6270184

## Opinion text

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 *153 “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?
Justice EAKIN did not participate in the consideration or decision of this matter.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6270184. Public record. Not legal advice.