Holt's Cigar Co. v. City of Philadelphia

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:

*573Does 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?