Beer in Bayne becomes liquor on Lincoln

With support from a number of people who attended Bellevue Council's work session Tuesday evening, council approved a fund-raising art festival that will include the sale of alcohol.

The event, which will raise funds for the borough's matching share of a grant to build a skate plaza in Bayne Park, has changed form from the "beer corral" in Bayne that met with significant disapproval from officials last month. According to assistant director of administrative services Katie Hale, plans now call for events to be moved from the park to Lincoln Avenue, and the beer to be replaced with wine that would be offered at a number of businesses, which also would showcase art.

The art festival also could include beer sales, Hale said, by the Bellevue Volunteer Fire Company. The firefighters have reportedly agreed to obtain a special occasion permit (SOP) from the Pennsylvania LCB, because the borough itself is not eligible to do so. Funds derived from alcohol sales -- either wine or beer -- would go to the fire company. Hale said that the fire company has agreed to support the skate plaza fund-raising effort, although the borough does not know how much of the revenue collected actually will be donated to the plaza project.

It is an arrangement that continues to trouble Mayor George Doscher. Assured by council president Kathy Coder that she had double checked with the LCB to ensure that it was legal for the fire company to partner with the borough for this event, Doscher said that while technically legal, the arrangement violates the spirit and intent of the law.

That law, Doscher said, clearly anticipates that the organization obtaining the SOP will be the one that benefits from the proceeds of alcohol sales.

The situation would be different, Doscher said,
had the firefighters come up with the idea themselves and offered to donate to the skate plaza. Instead, he said, borough officials approached the firefighters to act as "front men" for the sale of alcohol.

Council member Jane Braunlich said that she had concerns about using private organizations to raise money for borough projects. She also said that by approving the alcohol aspect of the fund-raising effort, council was opening the door for a series of similar events. If residents of a particular street wanted their street paved, she said, and were told that it wasn't in the borough's budget, they could simply sell enough beer to pay for the work.

Council member Jim Viscusi asked who would be liable for any problems resulting for the sale or consumption of alcohol, and if additional insurance needed to be purchased. DAS Doug Sample said that the policies currently in effect for both the borough and the fire company were sufficient. Solicitor Tom McDermott said that the borough itself could not be held liable under the state's "dram shop" laws, which hold the server of alcohol responsible for any accidents or injuries resulting from someone drinking.

Viscusi said that although the legal sale of alcohol was likely to come to Bellevue someday, the timing of this event -- just after a voter referendum that rejected changing Bellevue's longtime "dry" status -- was a bad idea.

Residents at last month's council meeting also pointed out the referendum results in speaking against alcohol sales at the art festival.

A number of people attended this week's meeting, however, to support not only the idea of building a skate plaza, but selling alcohol as a way of raising some of the $70,000 in matching funds Bellevue will have to come up with over the next two years.

Resident Jeff Bergman said that the key to selling alcohol would be to have controls in place.

"If it's done right, I support it the whole way," he said.

He and other residents said that most large fund-raising events include alcohol.

Council approved the resolution necessary for the fire company to obtain the SOP. The vote was 4-2, with Braunlich and Viscusi opposed. Voting in favor were Coder, Mark Helbling, Lisa Blaney-Stewart and and David Gillingham Jr. Linda Woshner, Susan Viscusi and Mark Panichella were absent.

Hale said that she and organizers are continuing to develop plans for the festival, which already is scheduled to include artwork on old skateboards, tie-dying t-shirts, and an art auction. There is a possibility that part of Lincoln Avenue will be closed on Aug. 20, 2-9 p.m., for the event, she said.


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