78 Pa. Commw. 584 | Pa. Commw. Ct. | 1983
Opinion by
GTRT, Inc., trading as the Beer and Beverage Center, appeals an order of the Court of Common Pleas of Allegheny County, affirming the imposition of a 20-day suspension by the Pennsylvania Liquor Control Board (PLCB) for a violation of the sales-to-minors prohibitions in the Pennsylvania Liquor Code.
The question is whether there was, as a matter of law, a sale to a minor within the meaning of .the Liquor Code.
The facts of the case are uncontested. On February 4, 1981, an employee of GTRT, Joseph Hample, sold a case of beer to a minor, relying on the minor’s
GrTRT contends that these facts do not constitute a sale on the ground that the requisite intent to sell is lacking, citing the Uniform Commercial Code, 13 Pa. C. S. §2204, as to contract formation, and the Pennsylvania Law Encyclopedia, Sale of Personalty §1, as authority supporting its position. Appellant’s argument is not persuasive. Sales of liquor are lawful only to the extent that they are made lawful by the Liquor Code. Tahiti Bar, Inc., Liquor License Case, 395 Pa. 355, 361, 150 A.2d 112, 116 (1959). The Liquor Code contains its own definition of “sale”:
“Sale” or “sell” shall include any transfer of liquor, alcohol or malt or brewed beverages for a consideration.2
The minor exchanged money for a case of beer. That the minor deceived the salesperson does not alter the fact that a transfer occurred with the minor as buyer and GrTRT as seller. To allow GrTRT to escape
The Liquor Code provides for only one reliance defense against prosecution for sales to minors; that provision, section 495,
Order
Now, November 30, 1983, the order of the Court of Common Pleas of Allegheny County, dated April 13, 1982, is hereby affirmed.
Liquor Code, Act of April 12, 1951, P.L. 90, as amended, §493, 47 P.S. §4-493.
Section 102 of the Liquor Code, 47 P.S. §1-102.
47 P.S. §4-495.