THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Thursday, March 28, 1996 TAG: 9603280351
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY TOM HOLDEN
STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 79 lines
A Department of Alcoholic Beverage Control hearing officer said Wednesday that a Brew Thru under construction in the resort district should be granted a license to sell beer and wine.
The officer, Thomas L. Baynham, ruled that Pinnacle Convenience Inc., the company developing the contested project, may sell beer and wine, but drivers must step out of their vehicle to buy alcoholic beverages.
Opponents of the project said they will appeal the recommendation.
The building, under construction at 29th Street and Pacific Avenue, is designed to let drivers pull into a central hall and, while sitting in a car, order food, drinks and other conveniences.
Virginia ABC law prohibits the direct sale of alcohol to people sitting behind the steering wheel, so drivers who want beer or wine will have to step from their vehicle and make the purchase. In instances where the vehicle contains more than one person and the driver wants to buy an alcoholic beverage, all passengers must show proof that they are at least 21 years old.
The store - the first of its kind in Hampton Roads - has drawn opposition from various groups. The Virginia Beach Police Department, the resort area civic league, a Virginia senator and a delegate all have lobbied against the license for several reasons.
The police worried the store would add to traffic congestion on Pacific Avenue, especially during the busy summer months, and send an inappropriate message to young people that links drinking and driving. Civic leaders agreed and added that the resort area has 145 ABC licenses within a one-mile radius of the Brew Thru and can ill afford another such license.
Richard Brydges, an attorney who represented nearby hotel owner and opponent Henry Richardson, said
he would appeal the ruling. Brydges and L. Steven Emmert, an assistant city attorney who represented the police, have 10 days to let the three-member ABC board know they will appeal.
``There is no license until the full board acts,'' Brydges said.
George S. Hazzis, a co-owner of Pinnacle Convenience and the owner of all 19 Domino's Pizza franchises in South Hampton Roads, said he was thrilled at the recommendation.
``I don't know what people plan to do as far as appeals are concerned, but right now we are pleased with the decision,'' Hazzis said Wednesday evening. ``We feel it's a good one. Frankly, anyone looking at this objectively would agree that the merits of the operation are valid. There really should never have been so much opposition as there turned out to be.''
Hazzis said he has remained surprised at the depth of opposition.
``We feel the people who were opposing it did not give us the opportunity to explain the concept to them. Right from the beginning, there were people who thought we were only going to sell beer and wine and nothing else. That's 100 percent incorrect. We will sell all the convenience food items, plus the very popular T-shirts. Had people taken the time to learn just how our operation really worked, they should not have had a reason to oppose it.''
In addition to beer and wine, the store will offer pizza, soft drinks, coffee, cappuccino and the T-shirts that are a trademark of Brew Thrus along the Outer Banks.
``Over the past 17 years, at the Brew Thru at the Outer Banks, T-shirt sales have been as high as 50 percent of total sales,'' Hazzis said. ``Beer and wine account for 25 to 35 percent of total sales, while the rest is made up of normal convenience foods.''
Hazzis' partners include his wife, Deborah; Harry E. Tully, owner of Uncle Harry's Ice Cream; and David Womick, owner of Professional Sales Inc.
Barbara G. Yates, a resort area resident who has strongly fought the license, said she was disappointed at the ruling.
``We're going to appeal, and we'll fight on,'' said Yates, owner of Angie's Guest Cottage, a bed and breakfast at 24th Street and Pacific Avenue. ``Why do we have to make the same mistake over and over again out here? There are too many ABC licenses at the Oceanfront. Why do we have to have more?'' ILLUSTRATION: VP MAP
by CNB