Holt's Cigar Co. v. City of Philadelphia

Full title: HOLT'S CIGAR COMPANY, INC., Black Cat Cigar Company, Altadis USA, Inc…

Court: Supreme Court of Pennsylvania

Date published: Jul 9, 2009

975 A.2d 1081 (Pa. 2009)

975 A.2d 1081

Opinion

Nos. 491 EAL 2008, 492 EAL 2008.

July 9, 2009.

Petition for Allowance of Appeal Nos. 491 EAL 2008, 492 EAL 2008 from the Order of the Commonwealth Court.

Prior Report: Pa.Cmwlth., 952 A.2d 1199.

ORDER

PER CURIAM.

AND NOW, this 9th day of July, 2009, the Petitions for Allowance of Appeal are GRANTED. The issue, rephrased for clarity, is:

Does the General Assembly's inclusion of a scienter requirement in the crimes established by 35 P.S. § 780-113(a)(33) preempt Philadelphia Code §§ 9-622(5)(a) and 9-629(2), which impose civil penalties for the sale of enumerated products without requiring a showing of the seller's intent?