Wilkes-Barre residents oppose transfer of liquor license for proposed Scott Street convenience store

Wilkes-Barre City Council on Aug. 12 heard extended public comment on a request to transfer a restaurant liquor license to 1075 Scott Street, a proposed convenience store and laundromat in the Parsons neighborhood. Attorney John Rogers presented the application on behalf of owners Baljeet Singh and Sujan Mathan, and council did not vote on the transfer; the mayor said the matter will appear on the council's Thursday agenda for formal consideration.

Neighbors said the license would bring problems to a residential area near Parsons Park playground and ballfields, a bus stop and a nonprofit foster-care provider. "I live less than 250 feet and did not get a letter advising any of us," resident Dina Lutinski Nichols said during the public comment period, and she urged council to deny the transfer.

The applicants and their attorney described the planned operation as a convenience store with a restaurant liquor license because Pennsylvania law does not offer a separate license category for convenience-store carryout alcohol. Rogers said the building is zoned C-2, the proposed store will include roughly 30 seats, and the owners will install ID-scanning equipment and cameras; owner Baljeet Singh said the business would operate roughly 6 a.m. to 11 p.m. daily and that staff training and an internal ID-scanning policy are in place. "We wanna work with you. We wanna be good neighbors," Rogers told council.

Why the council is considering this: a restaurant liquor license will allow on-premises seating (the applicants said they will provide about 30 seats) and carryout sales in sealed containers; under state liquor rules a license classified as a restaurant requires seating and the ability to serve a single drink on-site. Residents argued that the result would be increased loitering, public drinking, trash and parking pressure near a playground and youth fields. Several speakers also raised concerns about the proximity of the site to a local nonprofit (IHS) and to places of worship and schools.

Substantive issues raised in the hearing - Notice and public outreach: Attorney Rogers said adjacent-property notices were mailed and the application was advertised in the newspaper on July 25 and Aug. 8; some residents said they did not receive the required 250-foot notices. - Prior violations: Rogers and the applicant acknowledged earlier liquor-control citations at other businesses the owners operate; neighbors pointed to a prior underage-sale citation and urged council to weigh enforcement history. The applicant said the underage sale involved a fake ID and an unusually busy July Fourth period. - Zoning and parking: Rogers said the site is in a C-2 zoning district and estimated parking needs at about 15'19 spaces for the licensed area and the store; he and council staff said final parking will be verified through the city's zoning and permitting process. Council and staff noted that zoning discretion allows conditions to be attached to approvals. - Operation details: Applicants described 30 indoor seats, about 36 cameras, ID scanning for customers who appear under 40, no outdoor seating or amplified music, and proposed hours of 6 a.m. to 11 p.m.; an extended-hours application was noted to allow a 6 a.m. Sunday opening under state rules. Residents asked whether skill/gaming machines would be allowed; the applicant said only skill machines would be proposed and that the Pennsylvania Liquor Control Board (PLCB) inspects for drug paraphernalia and other prohibited items. - Site safety and environmental concerns: Neighbors asked whether buried fuel tanks and retaining walls at the site would be removed and requested soil testing; one speaker reported contacting the PA Department of Environmental Protection and the EPA and said a site visit was performed and results are pending.

What happened next: Council did not decide the transfer at the Aug. 12 work/study session. The mayor announced the transfer will be placed on the council's Thursday agenda for a formal vote. Council and staff repeatedly told residents that zoning, permits and, if used, zoning conditions are separate processes and that zoning approvals can include enforceable restrictions on hours, signage or allowed uses.

The applicant reiterated willingness to accept conditions tied to zoning approval and to work with city staff to address neighbors' concerns; residents said they will return to the council meeting on Thursday to comment again. The city attorney and staff also advised council members that Pennsylvania liquor law and court precedent limit council's ability to deny transfers based solely on generalized fears, and that denials must be based on concrete statutory standards.

Next steps: The transfer will appear on the council's Thursday agenda. If council moves forward, the project will also proceed through required city zoning and permitting reviews; residents and the applicant said they would continue efforts to negotiate conditions ahead of any final vote.