PA Liquor Control Board Chairman Comments on Supreme Court Decision to Hear PLCB Appeal in Sheetz Case
The Liquor Control Board is grateful that the Supreme Court has decided to hear this appeal. The board continues to believe that the liquor code grants licensees a right to sell alcohol but does not impose a duty on licensees to sell alcohol.
24/08/07 Pennsylvania Liquor Control Board Chairman P.J. Stapleton issued the following statement on the state Supreme Court's decision to hear the LCB's appeal of a Commonwealth Court decision that would require holders of "eating place malt beverage" licenses to sell malt or brewed beverages for on-premises, as well as off-premises, consumption:
"The Liquor Control Board is grateful that the Supreme Court has decided to hear this appeal. The board continues to believe that the liquor code grants licensees a right to sell alcohol but does not impose a duty on licensees to sell alcohol.
"If allowed to stand, Commonwealth Court's decision could compromise the board's longstanding mission of controlling the sale of alcohol in Pennsylvania by imposing new duties on thousands of holders of eating place malt beverage and restaurant licenses in Pennsylvania.
"If allowed to stand, Commonwealth Court's decision could also subject these licensees, who have operated under the LCB's historical interpretation of the liquor code, to citation for failure to follow the court's interpretation.
"We look forward to making our case before the Supreme Court and believe that we will prevail."
