Thank goodness for Sheetz. First, they give us the shmagel. Now, they are selling us beer. … Thank goodness for Sheetz. First, they give us the shmagel. Now, they are selling us beer.
While the Pennsylvania Supreme Court waits to decide whether a lower court was wrong in prohibiting the mega-gas station chain from selling six-packs of beer, a Sheetz in Altoona, Pa. is continuing to sell beer to card-carrying consumers.
The legal struggle that resulted in the appeal of this case to the state Supreme Court began after Sheetz applied for, and received, a license to sell six-packs at its Altoona flagship store, which contains a large seating area and a kitchen, according to the Philadelphia Inquirer.
According to Liquor Control Board policy, retailers can apply for a license to sell beer for takeout in six-packs as long as they sell food and meet space, seating and other requirements.
The Altoona station meets these requirements – with one exception. The chain decided not to allow alcohol to be consumed on the premises.
This exception – while arcane – was enough to compel The Malt Beverage Distributors Association of Pennsylvania, which represents beer distributors, to challenge the issuing of the license, claiming that the existing legislation requires that a takeout business must also allow drinking on the premises. And a lower Pennsylvania court sided with the distributors.
Now, it is up to the state Supreme Court to decide whether Sheetz has the ability to continue to sell beer on its premises – a decision that could have far-reaching effects in Pennsylvania.
If the justices side with Sheetz, other large convenience stores and grocery chains that meet the requirements could be eligible to receive licenses as well – which will issue a flood of competition for beer distributors, who currently hold a monopoly of sorts on the beer takeout business.
For years beer distributors have had the protection of our state’s antiquated liquor laws, and it’s about time that we finally legislate in favor of the public’s interest – which, in this case, is convenience.
Pennsylvania currently enacts one of most restrictive liquor codes in the United States – and for what reason?
According to a study conducted by the National Highway Transportation Safety Administration in 2005, 58 percent of driving fatalities in Pennsylvania were reported as alcohol related. This ranks Pennsylvania higher than several states, including Florida, West Virginia and New York – which all allow convenience stores and gas stations to distribute beer.
So, the only population that this legislation is protecting is our beer distributors, who honestly could benefit from some healthy competition. Heck, it might even result in lower prices or craftier marketing campaigns.
Sheetz’s case, while admirable, relies only on a loophole, and it might not be enough to get the Supreme Court in its favor. The easiest answer to Sheetz’s problem might in fact be the most difficult – an overhaul of its antiquated liquor code. And we hope that if the chain loses, it continues to lobby our state legislature to update the legislation.
Come on, Pennsylvania, isn’t it time?
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