Secretary of Revenue v. John's Vending Corp

In Secretary of Revenue v. John's Vending Corp., 453 Pa. 488, 309 A.2d 358 (1973), the Secretary of Revenue revoked a corporation's wholesale cigarette license because a 50 percent shareholder had been convicted of possessing and selling alcohol and opium derivatives between fifteen and twenty years earlier. In revoking the license, the Secretary relied upon a statute which provided that a license could not be issued to a corporation if a 50 percent shareholder had been convicted of a crime involving "moral turpitude." Id. at 491, 309 A.2d at 361. In considering whether the revocation was proper, the Supreme Court initially noted that it was reasonable for the General Assembly to include a provision in the statute concerning the character, integrity and honesty of persons being licensed to sell cigarettes. Id. at 493, 309 A.2d at 361. The Court held, however, that the legislature could not have intended the statute to apply to John's Vending as there was "no material relevance between the past derelictions of the 50 percent shareholder and his present ability to perform duties required by the position." Id. The Court pointed out that because nearly twenty years had expired since the shareholder's convictions and that he had held a license for twelve years without incident, it was "ludicrous to contend that these prior acts provided any basis to evaluate his present character." Id. at 494, 309 A.2d at 362. Accordingly, the Court held that where "prior convictions do not in anyway reflect upon the applicant's present ability to properly discharge the responsibilities required by the position, ... the convictions cannot provide a basis for the revocation of a ... license." Id. at 495, 309 A.2d at 362. John's Vending teaches that the nature of the offending conduct and its remoteness in time must be considered where an agency seeks to revoke a professional license on the basis of a conviction.