Strictly construing the Pennsylvania liquor code’s provisions for take out beer sales, an en banc panel of the Commonwealth Court ruled a convenience store cannot sell malt beverages for consumption off premises if it doesn’t allow patrons to imbibe on the premises.
The court’s 4-3 decision in Malt Beverage Distributors Association v. Pennsylvania Liquor Control Board, PICS Case No. 07-0285 (Pa. Commw. Feb. 23, 2007) Simpson, J.; Cohn Jubelirer, J. (20 pages), puts on hold for now the expansion of beer and malt beverage sales in Pennsylvania, where consumers must buy beer either by the case from a beverage distributor or at restaurant or tavern licensed for take out sales.
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