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Clarks Summit weighs liquor license

Nathan Urie Abington Journal Reporter

CLARKS SUMMIT- Debate on the transferring of a liquor license for a local tobacco shop was the subject of discussion at Clarks Summit Borough’s Council meeting on Wednesday, June 3.

PA state law requires a public hearing to take place when licenses are transferred from one municipality to the other. Summit Cigar, currently located on 215 Clark Ave. in Clarks Summit, was formerly located in South Abington Township.

Borough Code Enforcement Officer Willard Ziesemer said the existing use of the business on the application was listed as a convenience store and would need to have 30 seats, including 30 percent in food sales. “The only thing (license) that would apply would be a restaurant, traditional,” he said.

Ziesemer also said parking and land development would be relevant to consider. “A hasty approval or denial at this point would be out of order.”

“This isn’t a zoning hearing, we need this application only to transfer. His business is not changing,” said Attorney Richard Fanucci, who represented Frank Emmitt, owner of Summit Cigar. “A restaurant liquor license is one of less than a handful of what the Commonwealth issues. There’s no such thing as a tavern or bar license. We’re just adding another product in his inventory.”

Fanucci also added that the store should have been listed as a retail business on the application and would take the next necessary steps once the license had been transferred.

Councilman Roy Davis asked if it was Emmitt’s intention to sell alcohol when he moved into the Clark Avenue address. “Those two blocks do make a difference,” Davis said. “I have reservations.” “My intention is only to do what is allowed in town,” Emmitt replied.

Solicitor Ernie Preate said the issue was difficult as there are no other businesses in Clarks Summit selling the same products near residential properties.

“As much as I respect that, he is zoned as central commercial for a retail business.” Fanucci said, “Your zoning ordinance does not prohibit liquor sales under the retail category.”

Ray Davis of Clarks Summit asked Emmitt how he would plan to identify customers as age 21 and over. Emmitt said he has camera surveillance and would photocopy their license upon purchase.

Paul Canterbury of Thurston Street in Clarks Summit also testified and said Emmitt was an asset to the neighborhood. “I see no problems with having it there,” he said.

Council has 45 days to make a decision.