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Giant Eagle wants to sell six-packs at new store
Saturday, March 28, 2009

A Giant Eagle Market District store under construction in the Settlers Ridge project in Robinson could become the first supermarket in southwestern Pennsylvania licensed to sell up to two six-packs of beer to go if the Pennsylvania Liquor Control Board approves its application to do so.

The O'Hara-based grocer, whose nearly 150,000-square-foot store will anchor the development expected to open later this year, applied to the PLCB last month to approve the transfer of a restaurant liquor license to the store. Restaurant licenses permit the consumption of beer, wine or liquor on the premises and the sale of up to two six-packs to go.

Giant Eagle spokesman Dick Roberts said in an e-mail there was little he could comment on now about the grocer's plan if it receives licensing approval.

"We have beer, wine and liquor offerings in our Ohio, West Virginia and Maryland supermarkets, and our customers have come to appreciate the convenience," he wrote.

Raising objections to Giant Eagle's plans -- and to those of other supermarket chains with similar ideas in the state -- is the Pennsylvania Malt Beverage Distributors. The group representing beer distributors has filed objections to Giant Eagle's application and to another filed by Whole Foods for a store in the eastern part of the state.

Those chains are following the lead of the Wegmans supermarket chain, whose approved licensing to sell beer in some of its stores was upheld last month by Pennsylvania Commonwealth Court. Wegmans has 12 stores in Pennsylvania -- two in Erie and the rest in the eastern half of the state.

The beer distributors' group said this week it would appeal the lower court ruling regarding Wegmans to the state Supreme Court, claiming that if the ruling stands, it could lead to "beer sales almost anywhere."

PLCB spokesman Nick Hays said a change in the business model for grocery stores, and not in the PLCB's rules, is at the heart of the influx of supermarket chain requests for liquor licenses. The growth of large "one-stop shopping" grocery stores that typically include cafes qualifies them to apply for restaurant liquor licenses, at least according to the latest court ruling.

"There has been no change in the liquor code, in the Liquor Control Board's interpretations or in its regulations. It's that the market has changed," he said.

Mr. Hays couldn't say how long a process it would take before Giant Eagle's application is evaluated.

As is typical in any liquor license transfer, the PLCB has instituted an investigation into the background of the owners, whether its plan meets state liquor law requirements, and other facets of the grocer's proposal.

Because of the beer distributors' group's objections, a hearing before an PLCB examiner must be held. The examiner will then make a report to the three-member state board, which then will make the final decision whether to issue the license.

Michael A. Fuoco can be reached at mfuoco@post-gazette.com or 412-263-1968.
First published on March 28, 2009 at 12:00 am