Legal Opinion · Dissent

Pennsylvania State Police Bureau of Liquor Control Enforcement v. D'Angio, Inc.

Commonwealth Court of Pennsylvania

Decided October 13, 1995Published

1DissentKelton, Senior Judge

I respectfully dissent because I disagree with the majority’s reasoning that a liquor licensee can shield itself from applicability of the Liquor Code simply by virtue of placing its liquor license in safekeeping. The majority finds that, when a license is held in safekeeping, the operations for which a liquor license is issued have, for all intents and purposes, ceased. Thus, the majority concludes that a licensee cannot be charged with a violation of the Code when its license is available for use but is not in use because the license is in safekeeping.

I find no support in either the Liquor…

2Cases cited11 opinions

  1. Tahiti Bar, Inc. Liquor License CaseSupreme Court of Pennsylvania · 1959
  2. Commonwealth v. Wilsbach Distributors, Inc.Supreme Court of Pennsylvania · 1986
  3. 1412 Spruce, Inc. v. Commonwealth, Pennsylvania Liquor Control BoardSupreme Court of Pennsylvania · 1984
  4. Commonwealth v. Burrell Food Systems, Inc.Commonwealth Court of Pennsylvania · 1986
  5. Commonwealth v. StarrCommonwealth Court of Pennsylvania · 1974

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