Beverages

Court Takes Down Takeout-Only

Says retail dispenser license requires some beer to be consumed within Sheetz store
HARRISBURG, Pa. -- A takeout-only policy for beer sales at a Sheetz Inc. convenience store is not allowed by state law, the Pennsylvania Supreme Court ruled Monday, according to an Associated Press report. The high court's 5 to 1 decision said the Altoona Sheetz's retail dispenser license requires some beer to be consumed within the store, which Sheetz has not been allowing. Sheetz had argued that its license allowed on-premises beer drinking, but did not mandate it.

The court said Sheetz's interpretation of the law would expand the character of retail dispenser beer licenses.[image-nocss]

"While a policy determination in this regard may well be accomplished by our legislature, it is not our role to sanction such a momentous transformation," Justice Max Baer wrote.

The ruling was a victory for the Malt Beverage Distributors Association of Pennsylvania, which represents retailers that sell beer by the case or keg, said AP. Association lawyer Bob Hoffman said state regulators now should review whether other license holders are following the rules.

"The court has recognized that there are some discrete distinctions between what different players in the beer distribution system can do, and what Sheetz was trying to do here improperly infringed into what is the domain of the beer distributors," Hoffman said.

Sheetz spokesperson Mike Cortez had no immediate comment.

For a review of the case and to read the majority opinion, click here.

Andclick here for previous CSP Daily News coverage.

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