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  11:54am ET, 02/09/10
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Pa. LCB Plans Appeal of Ban on Beer Sale in Food Stores



by KYW's Tony Romeo

The Pennsylvania Liquor Control Board plans to appeal a Commonwealth Court decision that has dealt a setback to sales of beer in food stores.

The Chairman of the Liquor Control Board says the way state liquor law is now written, grocery stores that have in-store dining and meet certain criteria are allowed to purchase liquor licenses and sell beer.

But a sharply divided Commonwealth Court has ruled that a Sheetz convenience store in Altoona cannot sell takeout beer because it does not allow beer consumption in its restaurant.

The LCB’s new CEO, Joe Conti, says the decision will be appealed to the state Supreme Court:

“Obviously, a 4-3 decision makes sense that we take another look at it, and we feel confident in the decisions that our agency made.”

Conti declined to comment further, but a spokeswoman for the board said the LCB is appealing the court decision because the board does not agree with the requirement that stores sell beer for on-premises consumption.

Philadelphia Democrat Robert Donatucci, Chairman of the House Liquor Control Committee, says legislation to address the issue of beer sales in grocery stores is possible:

“If it is going to go, to do it right. My concern is underage drinking: a 19-year-old or 17- year-old selling beer over the counter."


 
 
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