New Kensington Council rejects liquor license for Valero gas station

New Kensington Council, citing concerns about crime, denied a liquor license transfer to a city gas station and convenience store.

Council unanimously denied a license for the Valero at Seventh Street and Constitution Boulevard. It would have been transferred there from Guy’s Tavern in Avonmore.

Council began a public hearing for the request in May and continued it to Monday, expecting to get more information from the business about its remodeling plans.

However, no one from the business attended the hearing this week, including Mark Kozar, an attorney with the beverage law firm Flaherty & O’Hara, who represented Valero in May.

On Wednesday, Kozar said he had no comment.

It was unclear if the business can appeal the denial and, if so, what that appeal path would be.

Mayor Tom Guzzo said the city had not received any additional information in writing from Valero.

The hearing had been continued for that purpose at Kozar’s request, city Solicitor Anthony Vigilante said.

Because of the city’s denial, the transfer application is dead, according to Shawn Kelly, a spokesman for the Pennsylvania Liquor Control Board.

“The PLCB cannot process an intermunicipal license transfer application unless and until it receives a resolution passed by the municipal governing body approving the transfer into the municipality,” he said.

There was no additional public comment at the hearing Monday. In May, several residents voiced opposition to the station obtaining a license to sell beer and wine.

At the May hearing, Kozar said the store is at a competitive disadvantage to other businesses, such as Sheetz and Giant Eagle, that can sell alcohol.

Councilman Todd Mentecki, who oversees accounts and finance, said he is not willing to jeopardize public safety to bring more income to the city.

“We love to see businesses expand. There’s no doubt that we want to see every business come into town that can come into town and also grow,” he said. “This type of business and the location that they are, and wanting to put beer sales at the Valero, is something that I’m quite uncomfortable with.”

The Valero station is in a “high crime” area, police Chief Bob Deringer said in May.

According to Mentecki, city police responded to the Valero station 67 times last year. That includes 46 times the station called 911 and. The other 21 responses were for traffic stops.

So far this year, the gas station has called 911 for police help at least 15 times, and there have been at least 14 traffic stops in that area, for a total of 29 incidents, he said.

Mentecki noted there are businesses already selling beer in that area.

According to PLCB records, there are 29 active liquor licenses of various types in New Kensington. Nearby license holders include Jillian’s Restaurant, Stella’s Beer Barn, the Blind Pig Saloon, House of 1,000 Beers and Sheetz.

There is a Catholic school nearby at Mount St. Peter Roman Catholic Church, and students from Valley High School walk past the Valero on their way to and from school, Mentecki said.

“It’s my opinion that I cannot support this beer sale being at the Valero,” he said. “I’ve talked to many residents in the area, and they all seem to tell me the same thing: They are very unhappy with that idea. As much as I love to see a business grow, this doesn’t seem conducive to the area.”