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Supreme Court agrees to hear Gas Prohibition Cases

February 16, 2016

Appeals from Commonwealth Court will be argued this year. Supermarkets and convenience stores will invest to fight for the right to sell beer.

Today the Malt Beverage Distributors Association scored a significant legal victory: the Pennsylvania Supreme Court has agreed to decide whether gas stations can also sell beer. Specifically, after request by legal counsel for the MBDA, the Supreme Court agreed to decide the following 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?
  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?

Since the state’s Supreme Court issues about 100 full opinions per year, this allowance of an appeal is considered a major achievement for the MBDA. Many ask the court to hear their cases but few are granted the right to be heard. We believe this order recognizes that these are important issues that have a wide impact within the state.

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