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MALT BEVERAGES DIST. v. LIQUOR CONTROL BD.

Nos. 81 MAP 2009, 82 MAP 2009, 83 MAP 2009, 84 MAP 2009, 85 MAP 2009.

8 A.3d 885 (2010)

MALT BEVERAGES DISTRIBUTORS ASSOCIATION and Tanczos Beverages, Inc., Appellants v. PENNSYLVANIA LIQUOR CONTROL BOARD, Appellee Wegmans Food Markets, Inc., Intervenor. Malt Beverages Distributors Association, Appellant v. Pennsylvania Liquor Control Board, Appellee Wegmans Food Markets, Inc., Intervenor. Malt Beverages Distributors Association, Appellant v. Pennsylvania Liquor Control Board, Appellee Wegmans Food Markets, Inc., Intervenor. Malt Beverage Distributors Association and Beer Super, Inc., Appellants v. Pennsylvania Liquor Control Board, Appellee Wegmans Food Markets, Inc., Intervenor. Malt Beverages Distributors Association and K.E. Pletcher, Inc., Appellants v. Pennsylvania Liquor Control Board, Appellee Wegmans Food Markets, Inc., Intervenor.

Supreme Court of Pennsylvania.

Decided December 3, 2010.

Attorney(s) appearing for the Case

Robert B. Hoffman , Eckert Seamans Cherin & Mellot, LLC, Harrisburg, for Malt Beverage Distributors Association of PA and Tanczos Beverages, Inc.

Faith Smith Dichl , PA Liquor Control Board, Rodrigo Jose Diaz , Harrisburg, for Pennsylvania Liquor Control Board.

Robert J. O'Hara, III , Stanley Wolowski , Pittsburgh, Mark E. Kozar , Flaherty & O'Hara, P.C., Robert C. Heim , Dechert LLP, Philadelphia, Thomas Benton Henry , Flaherty & O'Hara, P.C., John Shanatanu Ghose , Dechert LLP, Philadelphia, for Wegmans Food Markets, Inc.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice BAER.

We granted allocatur in these consolidated appeals to determine whether the Pennsylvania Liquor Control Board ("PLCB") erred by authorizing five restaurants, each of which is interconnected to a supermarket, to sell beer for consumption on the premises, as well as in limited quantities for takeout purposes. The parties agree that each premises constitutes a "restaurant" as defined by Section 102 of the Liquor Code, 47 P.S. &...

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