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11-29-2009 100
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Posted on May 14, 2008 6:23 PM

Pa. Supreme Court hears liquor license debate

Debate over an Altoona Sheetz's license to sell beer for take out spilled over into the Pennsylvania Supreme Court today after a number of appeals.

The Supreme Court heard a dispute between the Malt Beverage Distributors Association (MBDA) of Pennsylvania and the Pennsylvania Liquor Control Board and Ohio Springs, Inc., an entity of Sheetz, Inc.

Mary Lou Hogan, executive secretary and council for the MBDA of Pennsylvania, said the issue to be addressed is whether convenience stores, such as Sheetz, can sell beer in accordance with Pennsylvania law.

Hogan said the system was created to limit alcohol sales.

"That's why we have state stores," she said.

She said stores such as Wegmans and Sheetz want to own multiple licenses, whereas distributors are permitted only one.

Several Wegmans in Pennsylvania had been granted restaurant liquor licenses, including a State College location. These stores have also met opposition from the MBDA, according to Collegian archives.

The MBDA made appeals to licenses granted to Wegmans, and those appeals are to be heard before Pennsylvania Commonwealth Court, according to Collegian archives.

Michael Cortez, vice president and general council for Sheetz, Inc., said discussion today would center around whether Sheetz would sell beer for on premise consumption in addition to off premise.

He said a decision was made to sell beer for off premise consumption, but if the Supreme Court ruled Sheetz would need on site consumption as well, the store would comply.

Cortez said seeking licenses for other locations has not been ruled out, but it would be difficult to meet all the requirements for other locations.

He said the Altoona Sheetz location is currently selling take out beer with two six-packs allowed per transaction.

The case may have moved before the court today, but there is no set deadline for a decision to be handed down, said Hogan, adding, "It could take months."

Cortez said, after the oral arguments was heard, that the justices would have to come up with their decision, but it is unclear as of yet just what that decision will be.

"I think the whole thing is still up in the air," he said.



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