Clarks Summit mulls potential package store

Frank Emmett wants to sell beer by the six pack at his cigar store at 215 Clarks Ave., Clarks Summit.

The borough’s solicitor and at least one Clarks Summit council member have concerns about that proposal.

Council plans to vote on the matter at its July 1 meeting, according to borough manager Virginia Kehoe.

During a June 3 public hearing, borough code enforcement officer Willard Ziesemer told council about inconsistencies when applying the borough’s zoning ordinance to various potential alcohol-licence uses.

Emmett’s store, Summit Cigar Shoppe, 215 Clark Ave., lies within the central commercial district. He sells cigars, tobacco, snacks and lottery tickets. With a liquor license transfer, Emmett said he simply wants to add packaged beer to his sales. Beer sales would not be the principle use of the store.

Emmett is applying for a transfer of a restaurant liquor license from Archbald.

His attorney Richard Fanucci said, “The commonwealth does not issue new liquor licenses” and eatery liquor licenses “are few and far between.”

Fanucci said, “We need this approval (from council) to even submit the application to the Pennsylvania Liquor Control Board.”

He said Emmett had operated a cigar shop for 11 years in South Abington Township and had applied for a liquor license there. At the time, he was a tenant. After the owner sold the building he was in, Emmett bought the Clarks Avenue property, which was previously a florist shop. The shop is just east of the crescent-shaped North State Street Park across from Community Bank. A residence lies just a few feet behind it.

Emmett compared his proposed use to the former Convenient Food Mart (aka Cobbie’s Deli) at the corner of State Street and Highland Avenue, which had a restaurant liquor license.

“It’s just a few blocks away from where I’m doing business,” he said.

Councilman Roy Davis said, “You’re really moving into a neighborhood. ... Those two blocks do make a difference.”

“I’m no Puritan,” Davis continued, but he said he was worried about underage drinking. “We were all teenagers,” he said.

Emmett said he is the father of four children and has never been cited by the state for selling tobacco products to minors. He said he photocopies each buyer’s identification and attaches it to each sale. He also has an in-store camera.

Emmett said he spoke with the store’s neighbors about the issue.

Paul Cantebury, 302 Thurston St., called Emmett’s store “an asset to the neighborhood. I’ve seen him screen the kids for tobacco. I see no problem with having it (beer sales) there.”

No neighbors objected during the hearing.

Borough solicitor Ernie Preate questioned Emmett and Fanucci about the requirements of the liquor license they are seeking.

Fanucci said the store is required to have 30 seats and sell food. “It could be hot dogs,” he said.

Emmett said, “I propose to have a nice sandwich that can be heated in the microwave.”

Preate asked him where the closest place to buy beer is.

Emmett said Weis Market and Armetta’s Pizzeria, in South Abington Township.

“They’re both on (Route) 6/11,” Preate said. “That’s my point. There’s no other store like yours in Clarks Summit, correct?

“Not currently,” Emmett responded.

Preate said the proposal to change a former florist shop on Clark Street into a package beer store “is different. We’re different. Clarks Summit is different than South Abington.”

“Well said,” councilman Pat Williams said.

Fanucci said, “Your zoning ordinance does not prohibit” beer sales.

Ziesemer said, “There has to be a marriage between the state license and zoning.”

The zoning officer also said convenience stores are not allowed in the central commercial district. He said they are allowed in a highway commercial district.

During the hearing, Fanucci amended the zoning use of Summit Cigar Shoppe from a convenience store to a retail store.

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