Malt Beverages Distributors Ass'n v. Pennsylvania Liquor Control Board

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, affirm the order of the Commonwealth Court.

In January of 2004, Ohio Springs, Inc., (Ohio Springs), filed an application with the Pennsylvania Liquor Control Board (PLCB) for the transfer of both the…