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MALT BEV. DIST. v. LIQUOR CONTROL BD.

Nos. 84 MAP 2007, 85 MAP 2007.

974 A.2d 1144 (2009)

MALT BEVERAGES DISTRIBUTORS ASSOCIATION v. PENNSYLVANIA LIQUOR CONTROL BOARD, Ohio Springs, Inc., Intervenor. Appeal of Pennsylvania Liquor Control Board. Malt Beverages Distributors Association v. Pennsylvania Liquor Control Board, Ohio Springs, Inc., Intervenor. Appeal of Ohio Springs, Inc., Intervenor.

Supreme Court of Pennsylvania.

Decided June 15, 2009.

Attorney(s) appearing for the Case

Faith Smith Diehl, Esq., Rodrigo Jose Diaz, Esq., PA Liquor Control Board, Harrisburg, Pennsylvania Liquor Control Board (84 MAP 2007).

Robert B. Hoffman, Esq., WolfBlock LLP, for Malt Beverages Distributors Association (84 MAP 2007, 85 MAP 2007).

Mark F. Flaherty, Esq., Mark E. Kozar, Esq., Stanley Wolowski, Esq., Flaherty & O'Hara, P.C., Pittsburg, for Ohio Springs, Inc. (84 MAP 2007).

Mark F. Flaherty, Esq., Mark E. Kozar, Esq., Stanley Wolowski, Esq., Flaherty & O'Hara, P.C., Pittsburg, for Ohio Springs, Inc. (85 MAP 2007).

Faith Smith Diehl, Esq., PA Liquor Control Board, Rodrigo Jose Diaz, Esq., Harrisburg, for Pennsylvania Liquor Control Board (85 MAP 2007).

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.

OPINION

Justice BAER.

This appeal presents the issue of whether an establishment that sells malt or brewed beverages ("beer")1 solely for takeout and prohibits consumption of beer on its premises qualifies as a "retail dispenser," as defined by Section 102 of the Liquor Code ("Code"), 47 P.S. § 1-102.2 We hold that such an establishment does not qualify as a retail dispenser and, accordingly...

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