Opinion

Pennsylvania Liquor Control Board v. TLK, Inc.

  • 518 Pa. 500
  • 544 A.2d 931
  • 1988 Pa. LEXIS 201
Court
Supreme Court of Pennsylvania
Filed
Jul 27, 1988
Status
Published
Author
McDERMOTT
On the bench
Nix, Larsen, Flaherty, McDermott, Zappala, Papadakos, Stout
Cited by
31 cases
Authority
More cited than 9.7%

interpreting Section 471 of the Liquor Code, 47 P.S. §4-471, involving revocation

How later courts described this case

  • interpreting Section 471 of the Liquor Code, 47 P.S. §4-471, involving revocation
  • “A violation of the Liquor Code or its attendant laws and regulations places a liquor license in jeopardy on a basis of strict liability. . . . This is due to the legislative mandate in the Liquor Code.”

Written by the judges who cited it.

The opinion

McDERMOTT, Justice,

concurring.

I cannot accept the majority’s dichotomous analysis of section 471 of the Liquor Code. 1 It has long been the law that a liquor licensee’s transgressions of the criminal law should be treated in the same manner as liquor law violations. See Sobel Liquor License Case, 211 Pa.Super. 129 , 235 A.2d 623 (1967); Dubin Liquor License Case, 210 Pa.Super. 346 , 234 A.2d 7 (1967). The General Assembly has had ample time and opportunity to change this construction of the statute, but has not done so. I see no reason for us to change it now. Therefore, I dissociate myself from the majority opinion and concur in the result only.

. Act of April 12, P.L. 90, art. IV § 471, as amended 47 P.S. § 4-471.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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