Could concerns from neighbors, police put stop to new downtown State College sports bar?
A Midwestern sports bar chain is hoping to open in downtown State College, but borough police and a neighborhood association have expressed concerns — something borough council will have to consider before it decides whether to effectively allow the chain to move forward next month.
Brothers Bar & Grill, which has 17 locations nationally and five in other Big Ten towns, wants Happy Valley to be its first foray into Pennsylvania by moving into the former Amazon Pickup Store at 134 S. Allen St. The problem for Brothers is the liquor license it agreed to purchase for six-figures — from Fuji & Jade Garden — has restrictions attached to it since that license previously came from outside the borough.
In a presentation Monday night, during a public hearing, State College Police Chief John Gardner read aloud a number of staff recommendations for council to consider imposing on Brothers and the liquor license — such as requiring the bar and grill to have food account for 60% of its business, if it wants its license renewed after two years. But the two chain owners, brothers Eric and Mark Fortney, intimated they couldn’t open under those restrictions.
“I don’t think percentages make sense in today’s day and age,” added the brothers’ attorney, Mark Kozar, from the firm Flaherty & O’Hara. “Particularly, as Mark and Eric mentioned, a cheeseburger basket’s at $10 and you have two craft beers that come to $14, and you’re already above.
“... I just think the percentage of sales is really not what it’s cracked up to be.”
Other recommended restrictions read by the police chief include alcohol only being served in containers not to exceed 22 fluid ounces. (Asked one of the co-owner brothers: What about pitchers of beer?) And another disallowed discounted drink specials and advertising.
“The realities of the recommendations here are difficult at best,” Mark Fortney said.
Ultimately, it will be up to borough council on what restrictions — if any — to attach to the liquor license. Council is tentatively set to take action on the matter Feb. 6.
What are concerns of police, neighbors?
Fuji & Jade Garden sold alcohol at its former Westerly Parkway location, but it wasn’t the restaurant’s primary source of business. It had agreed to many of the same restrictions that State College’s police chief is now proposing for Brothers Bar & Grill and, additionally, Fuji also agreed to stop serving alcohol at 10 p.m. Sunday through Thursday and 11:30 p.m. Friday and Saturday. (Limited hours aren’t a recommendation for Brothers.)
By allowing Brothers to operate downtown with fewer restrictions, Gardner shared statistics and police data to show that one unwanted outcome could be an increased strain on police.
He cited the National Institute on Alcohol Abuse and Addiction, which found a relationship between violence, crime and health problems with the density of “alcohol outlets” like bars. And, within 200 feet of Brothers’ proposed location, at least four other businesses boast liquor licenses. Gardner also reported that the average number of police calls to establishments with restaurant liquor licenses are 16 times greater than calls to other borough properties.
He also brought up the issue of alcohol-fueled “riots” mainly by Penn State students, saying more than $100,000 in property damage was caused since 1998.
Mark Huncik, president of the Highlands Civic Association, echoed several points made by Gardner.
“Most importantly to the residents — and I’ve been approached several times on this in the past — is the latest crime statistics, which Chief Gardner hit upon some of those,” Huncik said.
“...Total crimes, and overall police cases in 2021, are the highest they’ve been since 2013 in the downtown area. So I think the most important part is that this location is different than the Westerly location. And it’s a significant change for that block of town, which is targeted as the Allen Street Promenade, or a town square for State College.”
Another longtime borough resident, Vicki Fong, said she worried about the density of drinking establishments downtown. And she urged “all the factors to be considered” by council.
What was the sports bar’s response?
The Fortney Brothers were both on-hand Monday night, speaking softly with a Midwestern twang and painting themselves as an honest, hardworking pair that wants to be a good partner to State College.
To promote more responsible drinking, and to provide an outlet for designated drivers, the Wisconsin natives said all fountain sodas are free starting at 9 p.m. An employee will be standing at the door, ID’ing everyone who comes in after 9 p.m. Employees aren’t allowed to have alcohol while on duty. And staff are certified through a national program when it comes to how to respond to scenarios involving minors, drunk customers, and more.
When asked if this is a location where families and children would feel comfortable before the late-night crowd takes over, the brothers responded in the affirmative.
“We get it, OK? Now we’re growing up and, now, we want to go out too as young adults,” Mark Fortney said. “Eric has four children, I have four children — I have triplets — so it’s hard to please all the time. But the reality is that we want to be in our place as well. It’s terrific, OK? It’s casual dining.”
Borough manager Tom Fountaine acknowledged he and staff reached out to three peer college towns that already had the bar and grill and heard positive comments.
“And I think, in terms of business responsibility, one of the licenses was only fairly recently renewed by the community,” Fountaine said. “And we heard positive things overall about the management of their businesses.”
What would the bar look like?
No renderings were presented Monday night, but the brothers did have some details available — and hoped to boast an “operable storefront” that would allow them to have up to 20% of the restaurant with a sort of open-air feel.
The potential location would have 232 seats at tables, with another 35 seats at the bar. And it would open seven days a week, from 11 a.m. to 2 a.m. The full menu — consisting mostly of burgers, chicken sandwiches, wings and appetizers — would be available until 10 p.m., with an abbreviated menu consisting of appetizers available after that.
Food prices mainly range from $12-$20, and weekly specials are a staple at other locations. In Columbus, Ohio, near Ohio State, Tuesdays feature $2 cheeseburgers and Wednesdays feature 40-cent wings while in Bloomington, Indiana, near the University of Indiana, it’s $2 cheeseburgers on Tuesdays and 25-cent wings on Wednesdays. Each day, in Bloomington and Columbus, also has multiple drink specials.
It’s not yet known when Brothers Bar & Grill wants to open the new location near Penn State, but the business doesn’t intend to relocate the liquor license until August — so it almost certainly will not try to open before then.
What comes next?
Brothers Bar & Grill must wait until Feb. 6 to hear borough council’s verdict. That’s when council will publicly take action on the transfer of the liquor license and decide what restrictions, if any, it might attach.
Again, it can only attach restrictions in this case because Fuji’s liquor license came to the borough from the Hummingbird Room in Spring Mills. The license was only able to be transferred after borough council OK’d it in 2006, with both parties agreeing to restrictions and Fuji agreeing any future transfer would require the approval of council.
Councilman Peter Marshall also requested that the police chief contact the police departments in peer college towns to see if the business has caused additional problems for them.
