Allegheny Township supervisors approve liquor license transfer to convenience store near Kiski Area High School

The Allegheny Township supervisors approved a liquor license for a convenience store near Kiski Area High School.

The license headed for the Buy N Fly gas station/convenience store at 315 Hyde Park Road is being purchased from Monike Inc. of Delmont.

Anna K Holdings filed the transfer application for Buy N Fly and its parent company, American Natural.

Since the license is coming from outside the township and will be moved to a location within 300 feet of the high school campus, state law requires a hearing before the municipal governing body. But there are caveats, according to township Solicitor Bernie Matthews, who acted as the hearing officer at Tuesday’s public hearing.

“The township does not have the discretion to deny a license because it feels it has too many licenses,” he said.

According to the Pennsylvania Liquor Control Board (LCB), there are 10 active licenses in the township.

“You do not have the legal right to say that simply because it is within 300 feet, it is denied,” Matthews told the supervisors.

Matthews said a denial requires specific evidence of the license and its destination being a detriment to public health, safety and welfare.

Even if the township denies the application, he said the ultimate decision would be up to the LCB.

The final vote came after 40 minutes of testimony from two witnesses. Fewer than 10 members of the public attended, including Kiski Area School Superintendent Misty Slavic, Assistant Superintendent Jason Lohr and school board member Cassandra Heinle. None of them testified.

Supervisors Chairman Michael Korns and Supervisor Ren Steele voted in favor of the transfer application. Supervisor Jamie Morabito opposed it.

Chris Nichols, attorney for American Natural, briefly outlined the application. He noted that, if township approval is granted, an orange placard will be posted at the store serving notice of its intention to serve alcohol.

He said, once that placard is posted, members of the public can file a protest with the LCB within 30 days and the agency will consider them.

Nichols emphasized that American Natural has 14 convenience store locations, mostly in Allegheny County. Of the 14 locations, Nichols said four serve wine and beer. He said none have been cited for a liquor violation.

CEO testifies

Under questioning by Nichols, James Bromley, American Natural’s CEO, said the license in question allows for selling hard liquor such as whiskey and establishment of a bar, but he dismissed those possibilities.

“We have no intention for this to be a bar,” he said. “We plan to sell beer and wine on a takeout basis.”

He said the Buy N Fly has a restaurant component where customers can sit and eat its food offerings. Those customers would be permitted to drink wine or beer while eating. However, Bromley said they would be limited to two drinks.

Bromley said if the application is approved, he plans to make improvements to the store, particularly the dining area.

He said the license allows alcohol sales until 2 a.m., but store hours will be from 5 a.m. to 11 p.m. during the week and 6 a.m. to 11 p.m. on weekends.

As for preventing sales to people underage, Bromley said employees will use a scanner to determine the validity of a driver’s license. He said that has worked well at his other stores.

Also, he said all of his employees will complete the state’s Responsible Alcohol Management Program certification for workers who serve alcohol. He said the LCB requires only 50% of employees to be certified.

“We are happy to be part of this community, and we take the sale of alcohol to be a responsibility,” Bromley said.

’Everybody gets carded’

Morabito questioned him about the number of employees staffing the store at any one time as well as dining area seating, store size and how the beer and wine are stored.

Bromley said at least two employees would be on-site at any given time and there could be as many as four. The dining area can seat 30 people, and the store is about 2,500 square feet. The wine and beer are in displays that are within sight of the cashier area, and beer also is kept in a “beer cave”-type cooler.

“What prevents 20 to 30 people from going into the store at one time with only two people working?” Morabito asked.

“It happens, we handle it,” Bromley replied. “That’s what our people are trained to do.”

Korns asked what the store policy will be on identification.

“We card 100% of customers,” Bromley replied. “Everybody gets carded every time.”

Resident testifies

Township resident Patrick Leyland, the only other witness, said the supervisors’ decision would not bother him either way.

However, he pointed out similar convenience stores and bars selling alcohol close to schools in other Westmoreland County districts or towns, including Derry, Norwin, Franklin Regional, New Kensington and Lower Burrell.

“I believe American Natural would join with other establishments in our township who sell alcohol responsibly,” Leyland said.

Supervisors’ reasoning

Steele said the prospect of legal-aged young people buying alcohol for those who are underage concerned him.

But he also said Bromley’s company has a good record, and the township needs to support its businesses.

“I would hope you would be very clear about who you are selling your alcohol to and that you don’t allow crowds of kids hanging around,” Steele said.

“I don’t feel it’s a good idea,” Morabito said in voting no. “I don’t feel that it can be controlled enough, with only two employees and 20 or 30 people in the establishment, that something won’t happen.”

Korns said he is opposed to underage drinking as well as excessive drinking.

But, during the hearing, he said, “I heard about a reputable company that has a good record in this. I’ve not heard any specific details in opposition that would form a basis for denial.”