Pennsylvania State Police v. McCall
Pennsylvania State Police v. McCall
Opinion of the Court
The Pennsylvania State Police, Bureau of Liquor Control Enforcement (Bureau) appeals the order of the Cumberland County Court of Common Pleas that affirmed the Pennsylvania Liquor Control Board’s (PLCB) disallowance of the fine
Licensee, a beer retailer, is a regular customer of W & L Beer Distributors (W & L), a wholesaler, licensed by the PLCB. W & L wanted to sell beer to the American Legion Post (Legion) in Carlisle. However, the Legion is open only on weekends and W & L does not make weekend deliveries. W & L asked Licensee to deliver beer to the Legion for W & L. In exchange, W & L only charged Licensee the wholesale price for beer delivered to the Legion. W & L paid Licensee separately for the delivery. There was no showing that Licensee’s charge increased purchases from W & L. Further, the Licensee continued to sell and deliver beer to the Legion after the payment of delivery fees was discontinued. The Bureau cited Licensee for accepting four cheeks (August 29, September 2, 23, October 7,1988) in the total amount of $96.86 in violation of Section 4-493(22) of the Liquor Code.
for any licensee, or his servants, agents or employees, to offer, pay, make or allow, or for any licensee, or his servants, agents or employees, to solicit or receive any allowance or rebates, refunds or concessions, whether in the form of money or otherwise, to induce directly the purchase of liquor or malt or brewed beverages. (Emphasis added.)
The Administrative Law Judge (ALJ) agreed, holding that checks for delivery represented “rebates” or “concessions” in violation of Section 4^93(22). The PLCB reversed. The Bureau appealed to the trial court which affirmed the PLCB.
On appeal to this court,
With the passage of Act 55, the Legislature obviously intended to restrict the prohibition of Section 4 — 493(22) to forbid payments, rebates and concessions that would directly induce the purchase or sale of alcoholic beverages. Our review of the record does not so find that the checks for delivery “directly induced” Licensee to purchase liquor in violation of Section 4-493(22).
Accordingly, we affirm.
ORDER
AND NOW, this 19th day of October, 1992, the order of the Court of Common Pleas of Cumberland County in the above-captioned matter is hereby affirmed.
. Act of April 12, 1951, P.L. 90, as amended, 47 P.S. § 4-493(22).
. Our scope of review is limited to a determination of whether constitutional rights have been violated, whether the adjudication was in accordance with the law, and whether the agency's findings of fact are supported by substantial evidence. 2 Pa.C.S. § 704.
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