PA Commonwealth Court Issues Opinion on Licensed Premises

Pennsylvania Commonwealth Court Makes Clear The Meaning of “Location, Place and Property” As They Relate To Licensed Premises and Gas Pumps / The Sale Of Liquid Fuels: We are excited to have represented Weis Markets in a victory in Commonwealth Court, which handed down its opinion January 30, 2014 in Water Street Beverage Ltd., t/a Keller’s Beer, Petitioner, v. Pennsylvania Liquor Control Board, Respondent, (Weis Markets, Intervenor), No 849 C.D. 2013. The Commonwealth Court affirmed that “location” is defined in relation to the particular area of a licensed premises. The court noted that a license is issued to a specific “location,” particularly when the licensed location or premises has an interior connection to an unlicensed premises or business, which would be the case with a restaurant with an interior connection to a grocery store or gas station.

We believe that this strongly worded and well-reasoned opinion will stand up to challenge and will give business owners clear guidance and greater flexibility in designing their licensed premises while complying with the spirit and letter of the law.

To view the complete opinion, click here  (http://www.pacourts.us/assets/opinions/Commonwealth/out/849CD13_1-29-14.pdf?cb=1).