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Grocer seeks liquor license for eatery
NEW CASTLE, Pa. – A local supermarket is the first in Lawrence County to take advantage of a recent court decision by filing for a liquor license to sell beer, wine and spirits at its in-store restaurant.
A public hearing is set for 6 p.m. Wednesday at the Union Township Municipal Building on the “inter-municipal” transfer of a restaurant liquor license from Edward Pagley, 1061 Rear Butler Ave., to Falcone Foods’ Shop ’N’ Save store at 2080 West State St. in the Westgate Plaza, Union Township.
After the hearing, township supervisors have scheduled a special meeting at 6:15 p.m. to vote on the application. The Pennsylvania Liquor Control Board also would have to approve the transfer.
If it is successful in obtaining the liquor license, Shop ’N’ Save would be the first grocery store in the county to have an in-store restaurant with a license to sell wine, spirits and beer by the glass as well as a limit of two six-packs of beer for takeout.
Grocery stores in Pennsylvania are not allowed to sell wine or beer. Until a court decision earlier this year, beer and wine could be sold only by beer distributors, restaurants and taverns. The court decision allows liquor sales at the in-store restaurants at grocery stores, not from the grocery-store portion of the building.
Shop ’N’ Save owner Dan Falcone said the Confetti Caf restaurant has been open since the grocery was launched in 2000. It seats more than 50 people and is open from 6 a.m. to 9 p.m. He said he is applying for the liquor license due to demand from customers who would like to have a drink with their meal and maybe take a six-pack home.
The door was opened for such sales in February 2009 when Commonwealth Court affirmed the right of Wegmans Food Markets Inc. to sell beer in its in-store restaurants in Pennsylvania. Wegman’s is a 73-store mid-Atlantic grocery chain.
But the Pennsylvania Malt Beverage Distributors’ Association is unhappy with the decision because members fear it will cut into their business. After losing their initial court challenge, they have appealed to the Pennsylvania Supreme Court and are waiting to hear if the court will take the case.
Nick Hays, the Pennsylvania Liquor Control Board spokesman, emphasized that state liquor law has not changed and that the grocery- store restaurant licenses are being allowed due to an interpretation of current law. He said that if an applicant fulfills the requirements, the restaurant cannot be denied a permit.
In order to qualify for the restaurant license, he said a grocery-store cafeteria must have a separate entrance, seating for at least 30 and be at least 400 square feet. Operators also must pass a background investigation.
Though some Giant Eagle stores in the Pittsburgh area have applied for the restaurant liquor license, Giant Eagle spokesman Victor Kimmel said the chain is evaluating opportunities but said he could not confirm anything regarding the two Giant Eagle supermarkets in New Castle.