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The owner of three downtown bars, shut down Thursday after a judge dismissed the company’s appeal of a state decision to pull its liquor license, is asking the judge to reconsider.
CDT file photo/Christopher Weddle
Tony’s Big Easy, Lulu’s Nightspot, and the Candy Bar and Lounge, all at 129 1/2 S. Pugh St. CDT file photo/Christopher Weddle
Tony’s Big Easy, Lulu’s Nightspot and Candy Bar and Lounge, all located at 1291/2 S. Pugh St., were notified Thursday that they no longer had the authority to sell liquor.
The bars are owned by Sam-mark Inc., which hired local attorney Karen Muir to try to get its appeal to keep its liquor license back into court.
The appeal was dismissed by Commonwealth Court Judge Jim Flaherty on Tuesday because Sammark’s previous attorney, Francis X. O’Brien, of Harrisburg, never filed the papers required for
the appeal to move from Centre County Court to the appellate court.
Muir said company president Tony Sapia was driving a motion for reconsideration down to Harrisburg on Friday, hoping it will be filed Friday evening or early Monday.
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That motion asks a Commonwealth Court judge to remand the case back to Centre County President Judge David E. Grine so Muir can “fix what prior counsel missed.”
Muir said she hopes a decision could be made by the end of next week, but until a judge rules, the bars will stay closed.
Last summer the state Liquor Control Board decided not to renew the license, citing several problems such as offering an unlimited amount of alcohol for a set price and allowing minors to frequent the establishments. The board also noted at least three disturbances at or near the establishments, including a fatal stabbing in 2006.
Sammark unsuccessfully appealed the decision to Centre County Court, then appealed to Commonwealth Court.
As part of her motion, Muir also asked the judge to reinstate an order by Grine that would allow the bars to open and sell liquor while they continue to appeal.
Even if Sammark can get the appeal back into court, it will still need permission from the judge to sell alcohol.
“We want Tony to be back in the position where he stood prior to his prior counsel not submitting that statement,” Muir said. “Part of that is having that stay put back in place so he can continue to operate.”
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