PINE GROVE TOWNSHIP SUPERVISORS
175 OAK GROVE ROAD, PINE GROVE, PA  17963
JANUARY 12, 2005 - PUBLIC HEARING
≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈
Inter-Municipal Liquor License Transfer
CALL TO ORDER

Chairman Larry Zimmerman called the January 12, 2005 public hearing to order at 6:45 PM.
Attending were Supervisors Herman Clemens, Allen Aungst, and Jerry Wise.  Also present
were Township Solicitor Gino DiNicola, Sect. / Treas. Kathy Ferguson, Martin Cuff, Thelma
Laudermilch, Sally Dinger and other residents; list on file.

Pine Grove Township Solicitor Gino DiNicola stated the purpose of the hearing is for the
supervisors to receive public comment on a proposed inter-municipal liquor license transfer.  
L.E. & F. B. Inc. is applying to purchase liquor license # R-10242 and to transfer it from the
Borough of Mahanoy City to Pine Grove Township.  

DiNicola noted the public hearing was advertised and that Martin Cuff, of 162 Swatara Road,
Shenandoah, who is a partner, is present to represent the corporation.  DiNicola said that
the board has to grant or deny the application within 45 days after the request is made.  The
board while listening to public comment will consider if the inter-municipal transfer is in the
best interest of the residents or if it will have an adverse effect on their health, safety and
welfare.  Mr. Cuff said the corporation plans to open a deli type restaurant with take-out food
and beer at 27 Tremont Road in Pine Grove.    

PUBLIC COMMENT

·        Aungst asked if you can open the beer on the premises, Cuff replied that you could
open it inside the restaurant where they plan to have seating for about 35 people.

·        Clemens asked about the changes in the liquor license laws, if the township is at the
limits of the number of licenses in the township.  DiNicola said the purpose of the application
is that since the township exceeds the limitation of one license per 3,000 residents the
applicant is required to have the governing body approve or deny the transfer.  Zimmerman
said there are currently four liquor licenses in the township.

·        Zimmerman asked if the transfer would affect the existing liquor licenses in the
township, he would not want to jeopardize the license for the old Ulsh restaurant that is
closed while changing owners.  DiNicola said he could not say if it would impact other
licenses, the issue before the board is this license and if the board were to grant the inter-
municipal transfer, this is a condition the applicant needs to provide to the PA Liquor Control
Board (PLCB) who will ultimately permit or deny the transfer.  Zimmerman said this is the
second liquor license transfer in four months and asked if the law had changed.  Cuff said
the law changed in that a liquor license can now be transferred within the county, and before
it couldn’t.  DiNicola said that is fairly accurate and the PLCB did change the law in the last
few years to make the licenses more marketable.  

·        Aungst asked what hours they plan to be open, Cuff said 11 AM to 11 PM.

·        Aungst asked if there were any safety issues, Zimmerman said the intersection has
been a problem for several years.

·        Thelma Laudermilch said the restaurant is outside of Pine Grove and if there were any
problem, there would be a long time until state police would respond.

JANUARY 12, 2005 - PUBLIC HEARING, PAGE 2

·        Sally Dinger said Zimmerman is correct about the intersection and the state police do
not come right away.  Dinger asked if there were six liquor licenses available could they all
come into the Pine Grove area.  Cuff said that would be up to the PLCB.  Dinger asked if it
would be cash and carry, taking six packs out of the store, Cuff said yes, just beer, and no
other alcohol.  Dinger said Daubert’s is just across the street.  Cuff said Daubert’s are a
distributor and people like to buy just a six-pack.  Cuff said they will buy beer from Daubert’s
to supply their store.

The Public Hearing was concluded and Solicitor DiNicola stated the Board of Supervisors
would reconvene at 7 PM for its regularly scheduled township meeting at which they will
entertain for adoption the proposed resolution for inter-municipal liquor license transfer.


ADJOURNMENT        
At 7 PM the public hearing was adjourned.


Respectfully submitted,                

           
Kathy Ferguson, Secretary / Treasurer