by Marcus Rauhut
SHIPPENSBURG >> Beer is back at the Shippensburg Sheetz.
A Cumberland County Judge has issued an order granting the transfer of a liquor license to the Sheetz on East King Street.
“This is very exciting for us and our customers,” Ryan Sheetz, director of brand development, said in a statement. “Our customers have told us, loud and clear, they want the right to buy beer at convenience stores in Pennsylvania, and we are committed to doing so responsibly and successfully.”
Beer sales were temporarily halted after the Civic Club of Shippensburg filed an appeal in the Court of Common Pleas in Cumberland County challenging the transfer of a liquor license.
The new Sheetz opened this summer after the Pennsylvania Liquor Control Board approved the license transfer from Ruby Tuesday Inc. of Mechanicsburg.
The Civic Club, which is located on the same block as Sheetz, appealed the decision on the grounds that a liquor license cannot be granted to establishments that sell gas.
Sheetz argued that the restaurant — where the beer is sold — and the convenience store — where gasoline is dispensed — are separate properties.
According to court documents, the land is owned by CSP Investments and leased to Sheetz. CSP subdivided the property into two condominium units and a common area. The units have separate tax assessments, as well as different real estate numbers and different addresses. They are separated by walls and doorways.
In his order, Judge Kevin A. Hess agreed with Sheetz and the PLCB ruling, saying there is clear separation between the sale of gasoline and alcohol.
The Civic Club also argued that the purpose of the liquor code is to restrain the sale of alcohol and protect the welfare, health, peace and morals of citizens.
Sheetz opened their new store Thursday, July 8, 2014 at 359 East King Street, Shippensburg. The new store replaces the old store adjacent to it at the corner of King and Queen streets. (File- Public Opinion)
Hess said in the order “there have been no meritorious allegations” and that the entity in the best position to determine any detrimental impact on the community — the borough of Shippensburg — approved a resolution allowing the license transfer.
The store becomes the second location in Pennsylvania where Sheetz can sell beer. Similar to Shippensburg, the company also sells beer at a store in Altoona by separating the restaurant from the convenience store.
The Altoona-based chain has been a vocal advocate for changing liquor laws in Pennsylvania and sells beer in stores in other states where it operates.
Other supporters have said they want the convenience of buying alcohol in a convenience store and claim the required separation of buildings shows how antiquated the state’s laws are. Opponents have raised concerns about the proliferation of alcohol and the impact on small family-owned businesses that hold liquor licenses.
In addition to the Civic Club’s appeal, another appeal had been filed in Commonwealth Court by attorneys representing the Malt Beverage Distributors Association and a couple distributors.
In 2012, Shippensburg borough council approved a proposal from Sheetz to sell beer at its new store despite concerns from area residents and officials, largely because of its proximity to the university.
The company said that employees at locations where beer is sold go through hours of specialized training programs to ensure that the product is sold properly.
“We are encouraged that the courts recognized we were in compliance with law,” said Ryan Sheetz. “We are happy to afford this opportunity to our customers once again.”
View the judge’s order at https://www.scribd.com/doc/243969085/Shippensburg-Sheetz-order
Marcus Rauhut can be reached at 262-4752.