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

OPINION BY

Judge SIMPSON.

This case, which concerns the approval of an application for transfer of a retail dispenser eating place malt beverage license, returns to us after remand in Malt Beverage Distributors Association v. Pennsylvania Liquor Control Board (Malt Beverage I), 881 A.2d 37 (Pa.Cmwlth.2005), pet. for allowance of appeal denied, 586 *173Pa. 775, 895 A.2d 1264 (2006). In this second appeal, we are asked whether an applicant that proposes to sell malt or brewed beverages solely for takeout, and not for consumption on its premises, meets the definition of a “retail dispenser” in Section…