The state Supreme Court dismissed our case seeking to overturn a license for carryout beer sales by a Sheetz location in Cumberland County because the convenience store and cafe were on the same property as gas pumps.
The court tossed the case after a little-noticed provision of Act 39 – the law approved in June that allows supermarkets to sell wine to go – clarified the liquor code based on previous court rulings. The ruling also spared the parties a discussion determining the definition of the words “location” or “place,” the crux of the case. The lawsuit would become moot once Act 39 takes effect on Aug. 8.
With respect to newly-approved licenses to businesses which sell gasoline, as well as those currently pending before the PLCB, we do not anticipate filing additional appeals or legal challenges under the liquid fuel prohibitions at this time. We will continue to look out for our members and do everything within our control to ensure businesses which sell gasoline comply with the liquor code, as amended, and operate in accordance with the law.