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

Summary

The Pennsylvania Commonwealth Court affirmed the Pennsylvania Liquor Control Board’s approval of Wegmans Food Markets’ intermunicipal double transfer of a restaurant liquor license for its Easton location. The court held that the Malt Beverages Distributors Association had standing to intervene and that the PLCB properly approved the interior connection between Wegmans’ licensed restaurant and unlicensed grocery store under the applicable regulations.

Holdings

1. The PLCB properly granted MBDA standing and intervenor status because MBDA was directly aggrieved by the proposed license transfer.
2. The PLCB properly approved Wegmans' intermunicipal double transfer of Restaurant Liquor License No. R-2455 for its Easton location.

Questions Presented

1. Whether MBDA had standing to intervene in the PLCB proceedings concerning Wegmans' Easton restaurant liquor-license transfer application.
2. Whether the PLCB properly approved the intermunicipal double transfer of the restaurant liquor license, including the proposed interior connection between Wegmans' licensed restaurant and unlicensed grocery store.
3. Whether the PLCB's findings and approval were supported by substantial evidence and were consistent with the Liquor Code and PLCB regulations.

Disposition

affirmed