Arnold rejects request to label convenience store a restaurant to allow for alcohol sales

Arnold Council dealt a significant setback to a convenience store owner’s plans to sell beer and wine at a new store on Freeport Road.

After a public hearing Tuesday, council voted unanimously against Yashvi Oil owner Mike Thakkar’s request for a conditional use for his planned gas station and convenience store at 1610 Freeport Road to also be a restaurant.

That designation is needed because Thakkar would sell alcohol under a restaurant liquor license, which he was planning to transfer into Arnold from Sewickley Township, Westmoreland County.

Thakkar will be able to appeal council’s decision to Westmoreland County Court, city Solicitor Jaclyn Shaw said.

After getting the decision in writing, Thakkar will have 30 days to decide on filing an appeal, said his attorney, Greg Szallar, senior counsel with the law firm of Flaherty & O’Hara. The firm specializes in alcohol beverage law.

“Until we see what the basis was, he’ll make his decision from that point forward,” Szallar said.

Noting the potential for Thakkar to appeal, Mayor Joe Bia declined to comment on council’s decision.

Questions and concerns voiced during the hearing by council members and residents focused on parking and traffic. There also were concerns over Thakkar’s plans to impose a one-drink limit for on-premise consumption, primarily over its enforcement and if any future owners, should Thakkar sell the property, would be bound by it.

Szallar said Thakkar’s intent is to add another product to the store’s selection, which people would come in, buy and leave within a few minutes. There would not be a bar or televisions to entice people to stay longer.

Szallar said Thakkar’s experience at other locations has been that the majority of customers do not drink at the stores and rarely use the seating areas.

But to meet the requirements of the restaurant liquor license, the store would need 400 square feet of space, seating for at least 30 people, to sell food and to allow for on-premise consumption. “House rules,” such as the one-drink limit, are allowed, said Shawn Kelly, a spokesman with the state Liquor Control Board.

Szallar said most of his clients would rather not have seating so the space could be used for merchandise, but it’s required for the license.

Council in April approved Thakkar’s plans to turn the former gas and service station into a gas station and convenience store. Szallar said a decision on continuing with the convenience store without being able to sell beer and wine has not been made yet.

Development of the gas station had already been postponed for at least two years, Szallar said, because of supply chain issues and high prices for tanks, pumps and a canopy.

Arnold had scheduled two additional meetings related to Thakkar’s desire to sell beer and wine. The Zoning Hearing Board was scheduled to hold a public hearing at 7 p.m. Oct. 25 to consider variances for parking and setbacks, while a hearing before council on the liquor license transfer was set for 6 p.m. Oct. 27.

On Wednesday, Rick Rayburg, Arnold’s director of community development, said the liquor license hearing has been canceled but the zoning hearing still is scheduled.