On Feb. 16, the Supreme Court of Pennsylvania granted an allowance of appeal in Malt Beverage Distributors Association v. Pennsylvania Liquor Control Board, No. 648 MAL 2015, to consider whether, under certain circumstances, alcohol and gasoline could be sold at the same general location. Specifically, the Supreme Court granted the appeal to determine three questions: (1) “Can a single store sell both gasoline and beer without violating the Liquor Code?”; (2) “Section 404 of the Liquor Code prohibits the transfer of a liquor license to a location where the sale of liquid fuels or oil is conducted; what is a location?”; and (3) “Section 468(a)(3) of the Liquor Code 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?” How the Supreme Court rules could fundamentally alter the availability of alcohol at or near to gas stations across the state.
Prohibitions on Sale of Beer and Gas
At issue in MBDA is the interplay of certain key provisions of the Liquor Code; specifically, Sections 404, 431, 432 and 468. Sections 404, 431(b) and 432(d) of the code, which relate to the issuance, transfer or extension of hotel, restaurant, club liquor licenses, and malt beverage licenses for manufacturers and distributors, provide that, “The board shall refuse any application for a new license, that transfer of any license to a new location … where the sale of liquid fuels or oil is conducted.” Similarly, Section 468, which provides general provisions for both liquor and malt beverages licenses, provides that, “No license shall be transferred to any place or property upon which is located as a business the sale of liquid fuels or oil.” At the heart of the MBDA appeal and its underlying cases is the difference, if any, between a “location” and “place or property” and the definition of the same.
‘Clearly Defined Parameters’
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