Commonwealth, Pennsylvania Liquor Control Board v. McKeesport Beer Distributor, Inc.
Commonwealth, Pennsylvania Liquor Control Board v. McKeesport Beer Distributor, Inc.
Opinion of the Court
Opinion by
The Pennsylvania Liquor Control Board (Board) appeals an order of the Court of Common Pleas of Allegheny County (trial court) reversing the order of the Board which imposed a $250 fine on McKeesport Beer Distributor, Inc. (McKeesport) for its alleged violation of Section 431(b) of the Liquor Code (Code), 47 Pa. C. S. §4-431(b).
Louis Acito, a Board Enforcement Officer, testified that when he reviewed McKeesport’s records on February 12, 1986, he discovered that McKeesport received a letter from All Brand Importers, Inc., dated November 10, 1982, which delineated the terrritories assigned to
Our scope of review in a liquor code violation appeal hearing has been recently changed by our Supreme Court in Adair v. Pennsylvania Liquor Control Board, 519 Pa. 103, 546 A.2d 19 (1988). The roles of the Board, the trial court and the appellate court have been modified. The trial court is to conduct a de novo review and make its own findings and conclusions and our scope of review is to determine whether the trial court has committed an error of law or an abuse of discretion and to determine whether the trial court’s findings are supported by substantial evidence. Adair. Using our former scope of review, the Board argues that the trial court committed an error of law and abused its discretion when it reversed the decision of the Board.
The Board argues that because the Board and Mc-Keesport provided no additional testimony at the de novo hearing the trial court abused its discretion in finding that the violation was dé minimis and there was no intent on the part of McKeesport to violate the Code under Pennsylvania Liquor Control Board v. Palumbo, 99 Pa. Commonwealth Ct. 73, 512 A.2d 108 (1986). In Palumbo, this Court stated that:
[wjhile in a de novo hearing the Court of Common Pleas may make its own findings of fact and conclusions of law and then, in the exercise of its own discretion, either sustain, reverse, or modify the action of the Board, . . . this can only be done when new evidence is presented or a clear abuse of discretion exists.
Id. at 76, 512 A.2d at 110. As stated herein, Adair has changed the role of the trial court on an appeal from the Board. However, Adair, has no effect on this Courts duty to review a conclusion of law made by the trial court and to reverse when an error is discovered. Pennsylva
The language of Section 431(b) of the Code does not require that intent be demonstrated in order to establish a violation of the section. In addition, our Court in Allegheny Beverage Company, Inc. v. Pennsylvania Liquor Control Board, 67 Pa. Commonwealth Ct. 487, 447 A.2d 725 (1982) held that intent to violate the Code is not a necessary element to establish a violation of the Code. The trial court committed an error of law when it held that lack of intent to violate the Code constituted a defense to a violation of Section 431(b) of the Code. McKeesport has committed a series of violations of Section 431(b) for which it must be held accountable. Accordingly, the order of the trial court is reversed and the fine imposed by the Board reinstated.
Order
And Now, this 24th day of October, 1988, the Order of the Court of Common Pleas of Allegheny County, dated December 7, 1987, at No. S. A. 849 of 1987, is hereby reversed and the fine imposed by the Pennsylvania Liquor Control Board reinstated.
Act of April 12, 1951, P.L. 90, as amended. Section 431(b) of the Code provides in pertinent part:
. . . Each out of State manufacturer of malt or brewed beverages whose products are sold and delivered in this Commonwealth shall give distributing rights for such products in' designated geographical areas to specific importing distributors, and such importing distributor shall not sell or deliver malt or brewed beverages manufactured by the out of State manufacturer to any person issued a license under the provisions of this act whose licensed premises are not located within the geographical area for which he has been given distributing rights by such manufacturer. . . .
Reference
- Full Case Name
- Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board v. McKeesport Beer Distributor, Inc.
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- 6 cases
- Status
- Published