PA: Pennsylvania liquor board ‘frees the six-pack,’ allows beer sales at 9 gas stations

Lancaster Online

By Tim Stuhldreher, Staff Writer

May 26, 2016

Following an appeal by Gov. Tom Wolf to “free the six-pack,” the Pennsylvania Liquor Control Board on Wednesday approved the applications of nine gas stations to sell beer.

While none of them are in central Pennsylvania, the ruling appears to set a precedent that stores here could follow.

The first would likely be Rutter’s, which is seeking a license for its new gas station and convenience store in Leola. Last month, Upper Leackock Township supervisors approved the company’s plan to apply for a liquor license transfer.

Rutter’s did not immediately return a call for comment Wednesday.

In a statement, Wolf said he applauded the decision and asked the board to approve “similar subsequent applications” that otherwise meet its standards.

“‘Freeing the six-pack’ will make the commonwealth more inviting for customers and businesses,” Wolf said.

Proponents have been pushing for years for Pennsylvania to allow six-pack sales at gas stations.

While state law bars granting a liquor license at “any place or property” where a business sells “liquid fuels and oil,” the Liquor Control Board maintains that separating the beer and gas points of sale is sufficient.

The state’s Commonwealth Court agrees, and on Tuesday, Wolf sent the board a letter asking it to use that precedent to approve a dozen license applications pending before it.

However, the Malt Beverage Distributors Association of Pennsylvania’s appeal of the Commonwealth Court’s ruling is before the state Supreme Court.

Frank Pistelli, the association’s vice president, said Wednesday he considers Wolf’s letter “disheartening” and “extremely disrespectful” to the court system.

He said he is baffled that Wolf would choose to intervene: “Why is this an emergency?”

In a statement, the association accused Wolf of “attempting to put his thumb down on the scales of justice” and drive family-owned distributors out of business.

The distributors association contends that allowing beer sales at gas stations ignores the plain meaning of Pennsylvania’s liquor law.

In a statement, LCB spokeswoman Elizabeth Brassell said the Supreme Court’s ruling isn’t expected until 2017, and the agency chose not to make “otherwise qualified applicants” wait until then.

Brassell said the board has licensed more than 300 grocery and convenience stores to sell beer. About a dozen of those also have gas pumps.

The Associated Press contributed to this report.