Bar owner may focus on food

State College facilities stay open during license appeal

Sara Ganim

STATE COLLEGE — Sammark Inc.'s three downtown bars aren't known for their food, but owner Tony Sapia is considering changing that, his attorney said Monday.

Right now Tony’s Big Easy, Lulu’s Nightspot and Candy Bar and Lounge, all at 1291/2 S. Pugh Street are a major party scene for young adults.

But with two courts having upheld a 2007 state Liquor Control Board decision not to renew their shared liquor license, Sapia is throwing around the idea of making the food more prominent in hopes of improving his chances of keeping the establishments open, said attorney Robert Hoffman.

“One of the things they might have to do is flip it around so there is more food sales than alcohol sales,” Hoffman said. “That might help. It changes the atmosphere of the place.”

“They’ve been talking,” Hoffman said, “So stay tuned. You’ve not seen the last chapter of this one.”

Right now, the bars are asking the state Supreme Court to consider their appeal — the last possible bid to overturn the state’s decision that Sammark abused its liquor license privileges with illegal drink specials and by allowing entrance to minors.

Two judges have already heard their appeal — at the county level and the Commonwealth Court — and denied them.

Each time, Sammark officials have fought to keep the bars open while the case is appealed to the next level.

Since Dec. 30, when the company first lost its license during the appeals fight, Sammark has shut down the bars — then reopened them — a number of times.

“Legally, it’s been quite amusing,” said Hoffman, who was hired in July when another attorney didn’t file paperwork needed to keep the appeal going.

Most recently beginning Halloween night, Sammark closed for one week until it got an “interim” order allowing the bars to stay open while waiting to see if the case will continue at the Supreme Court level.

Hoffman said the order to stay open could also be contingent on any possible outcry from the Liquor Control Board.

“I think it’s safe to say we are exploring all legal avenues that are open to us,” said the board’s spokesman, Nick Hays.

“The board made its position clear when it voted not to renew the license,” Hays said. “And it continues to believe it was correct. And two courts have agreed with us. That said, the licensee has appeal rights and we respect due process.”

In the meantime, a Facebook site for one of the larger bars, Tony’s Big Easy, says it all.

“WE ARE OPENNNNN!!!”