Legal Opinion
Pennsylvania Liquor Control Board v. TLK, Inc.
Supreme Court of Pennsylvania
Decided July 27, 1988No. 46 M.D. Appeal Docket 1987PublishedCited by 32 opinions
1Opinion of the Court
*502OPINION OF THE COURT
FLAHERTY, Justice.
This appeal from the revocation of a restaurant liquor license presents a question never before addressed by this Court: the extent to which a licensee may be liable for illicit drug transactions by an employee. We hold that a strict liability standard is inappropriate and that at least some degree of scienter is required. When violations of the Liquor Code and its attendant laws and regulations are not the conduct under review, a licensee is liable only if he knew or should have known of the illegal activity and if he fails to prove substantial…
2Cases cited10 opinions
- Commonwealth v. KoczwaraSupreme Court of Pennsylvania · 1959
- In re Quaker City Development Co.Commonwealth Court of Pennsylvania · 1976
- Commonwealth v. DobrinoffCommonwealth Court of Pennsylvania · 1984
- Allegheny Beverage Co. v. Commonwealth, Pennsylvania Liquor Control BoardCommonwealth Court of Pennsylvania · 1982
- Dubin Liquor License CaseSuperior Court of Pennsylvania · 1967
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- I.B.P.O.E. of West Mount Vernon Lodge 151 v. Pennsylvania Liquor Control BoardCommonwealth Court of Pennsylvania · 2009
- Paey Associates, Inc. v. Pennsylvania Liquor Control BoardCommonwealth Court of Pennsylvania · 2013
- Rosing, Inc. v. Pennsylvania Liquor Control BoardCommonwealth Court of Pennsylvania · 1997
- St. Nicholas Greek Catholic Russian Aid Society v. Pennsylvania Liquor Control BoardCommonwealth Court of Pennsylvania · 2012
- Becker's Café, Inc. v. Pennsylvania Liquor Control BoardCommonwealth Court of Pennsylvania · 2013
27 more not listed; retrieve them via the Exa API.