Rising Sun Entertainment, Inc. v. Pennsylvania Liquor Control Board

Concurring and Dissenting Opinion by

Judge COHN JUBELIRER.

I agree with the majority’s excellent analysis of the free expression issues. However, I believe that the Board’s regulation is not unconstitutionally vague and therefore, dissent from that portion of the majority opinion.

Board Regulation 13.102 states, in pertinent part:(a) General. Retail licensees may discount the price of alcoholic beverages for a consecutive period of time not to exceed 2 hours in a business day, but may not engage in discount pricing practices between 12 midnight and the legal closing hour. Retail licensees may…