THE VIRGINIAN-PILOT  
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Saturday, May 11, 1996                 TAG: 9605110289
SECTION: LOCAL                    PAGE: B1   EDITION: FINAL  
SOURCE: BY PAUL CLANCY AND KEVIN ARMSTRONG, STAFF WRITERS
DATELINE: VIRGINIA BEACH                     LENGTH: Medium:   99 lines

CORRECTION/CLARIFICATION: ***************************************************************** Customers buying beer and wine at the upcoming Brew Thru in Virginia Beach will be able to drive into the building and place orders while seated in their vehicles. To pay for alcoholic beverages, they must get out of the car while it is in the building and walk to a cashier. The procedure was described wrongly in a MetroNews story Saturday. Correction published Tuesday, May 14, 1996. ***************************************************************** BREW THRU WINS ALCOHOL LICENSE ABC CLEARS DRIVVE-THROUGH BEER AND WINE SALES, BUT AN OFFICIAL SAYS VIRGINIA BEACH MAY APPEAL OWNER PLANS TO OPEN OCEANFRONT STORE MAY 20

The Brew Thru debate apparently ended Friday as the Virginia Alcoholic Beverage Control board granted a beer and wine license for the proposed oceanfront convenience store.

The store, nearing completion at Pacific Avenue and 29th Street, sparked opposition by the city of Virginia Beach, local politicians and civic groups.

``We're very pleased that the ABC board has decided to give us our license,'' said principal owner George S. Hazzis, who got word late Friday afternoon.

``All of this brouhaha has finally come to the end of the line and we're just glad it's over with,'' Hazzis said.

Opponents claimed it would disrupt pedestrian traffic along Pacific Avenue and send the wrong message about mixing alcohol and driving.

Hazzis said the ABC ruling rejected all such claims.

But the last word may not have been heard.

Assistant City Attorney L. Steven Emmert said Friday that the city does have an avenue of appeal.

``In light of the board's ruling we'll evaluate whether to pursue an appeal under the Administrative Procedures Act (of the state code),'' he said. ``Are we going to appeal? That's something we have to discuss with the City Council.''

Emmert explained that the act allows the city 30 days in which to appeal the ABC board's decision before the Circuit Court.

Hazzis said the store will open May 20, adding that it may be the first of several in Hampton Roads.

The building is designed to let drivers pull into a central hall and, while sitting in their cars, order food, drinks and other convenience items.

But there will be no driving through for brew under conditions set by an ABC hearing officer in a recent ruling. The officer, Thomas L. Baynham, ruled that the company, Pinnacle Convenience Inc., may sell beer and wine, but drivers must walk into the store to buy alcoholic beverages.

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.

Among the opponents were the Virginia Beach Police Department, the resort area civic league, a citizens advisory commission and the president of Virginians Opposing Drunk Driving

``We did our part to try and stop it,'' resort civic leader Barbara Yates said Friday after learning of the decision. She added that she hopes the city will appeal the decision.

Yates, owner of Angie's Guest Cottage on 24th Street, testified at an ABC hearing in Chesapeake earlier this year as well as before the General Assembly on several occasions to voice her opposition to the Brew Thru.

Yates is opposed to the concept of making alcohol so accessible to motorists and to the traffic that a drive-through will add to an already choked Pacific Avenue.

``We've been working to clean this place up,'' Yates said. ``It's sad this thing got through the cracks.''

Yates said the Planning Commission should have dealt with this issue sooner.

The Planning Commission is drafting an ordinance that would restrict drive-throughs citywide, including banks, fast-food restaurants and pharmacies.

While it would not prohibit drive-throughs, the law would allow the city greater control over where they are located. MEMO: HOW THE NEW BREW THRU WILL HANDLE BEER, WINE SALES

The building is designed to let drivers pull into a central hall and,

while sitting in their cars, order food, drinks and other convenience

items.

There will be no driving through for beer and wine under conditions set

by an ABC hearing officer in a recent ruling. The officer ruled that the

company may sell beer and wine, but drivers must walk into the store to

buy the alcoholic beverages.

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.

ILLUSTRATION: Map

by CNB