Pennsylvania Liquor Control Board v. TLK, Inc. , 518 Pa. 500 ( 1988 )


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  • McDERMOTT, Justice,

    concurring.

    I cannot accept the majority’s dichotomous analysis of section 471 of the Liquor Code.1 It has long been the law that a liquor licensee’s transgressions of the criminal law should be treated in the same manner as liquor law violations. See Sobel Liquor License Case, 211 Pa.Super. 129, 235 A.2d 623 (1967); Dubin Liquor License Case, 210 Pa.Super. 346, 234 A.2d 7 (1967). The General Assembly has had ample time and opportunity to change this construction of the statute, but has not done so. I see no reason for us to change it now. Therefore, I dissociate myself from the majority opinion and concur in the result only.

    . Act of April 12, P.L. 90, art. IV § 471, as amended 47 P.S. § 4-471.

Document Info

Docket Number: 46 M.D. Appeal Docket 1987

Citation Numbers: 544 A.2d 931, 518 Pa. 500

Judges: Flaherty, Larsen, McDERMOTT, Nix, Papadakos, Stout, Zappala

Filed Date: 7/27/1988

Precedential Status: Precedential

Modified Date: 8/26/2023