Drying up

Liquor licensees cease listing alcohol specials

Several liquor licensees involved in The Daily Collegian's "Over 21 Scene" listing of alcohol specials withdrew their participation from the paper's twice-a-week feature.

To avoid violating state Act 199, the Collegian began running a special section on Tuesdays and Fridays that listed area drink specials for readers over age 21.

Megan Donley, editor in chief of the Collegian, said since Wednesday, five participants have asked to have notices removed.

"They were afraid that their listings were illegal under Act 199," Donley said.

Donley said the notices will not appear today.

"We (Donley and General Manager Gerry Hamilton) are discussing other possibilities and considering that this may not be the best avenue," she said.

Manufacturers and licensees of alcohol were notified by the Pennsylvania Liquor Control Board Aug. 6 that advertising that indicates the availability and/or prices of alcoholic beverages in college newspapers is prohibited under Act 199. The paper removed advertisements this semester because of increased enforcement.

The state law went into effect Feb. 18, 1997. It includes restrictions on publications published by or for educational institutions, including college newspapers.

Hal McCullough, owner of Cafe 210 West, 210 W. College Ave., said he decided to withdraw from the "Under 21 Scene" listings after liquor enforcement officials notified him that participation in the publishing of the notices is illegal.

McCullough said enforcement officers stopped by Wednesday, but missed him, and called again yesterday to notify him that participation violates the state liquor code.

"All we're trying to do is abide by the rules. Abide by the rules. Abide by the laws," McCullough said.

Hamilton said he is confident the Collegian has not violated Act 199. He added that he believes the law to be unconstitutional.

Nadia Vargo, an attorney for the Pennsylvania State Police Bureau of Liquor Control Enforcement, which handles issued citations, said she could not confirm or deny that officers visited establishments in the State College area Wednesday.

"If there's an investigation ongoing, I am not at liberty to discuss our policy until the case is closed," Vargo said.

Vargo added that she has not personally seen the price lists the Collegian has published but said she is aware of them. She said she has an article published Jan. 20 announcing that the Collegian will publish drink specials in a section listed for readers over age 21.

"There have been discussions in the legal department as to the policy set forth in the article I refer to," Vargo said.

Vargo said she has no personal knowledge about what occurred Wednesday. She also said that as of yesterday no citations had been issued.

Wednesday, a source at the Gingerbread Man, 130 Hiester St., said enforcement officers visited the establishment.

The source said that officers said their interpretation of Act 199 means no information regarding drink specials may be printed in the Collegian.

"Their interpretation is all that matters today," the source said.

The source added that no threats other than a verbal warning were given to stop participation in the publication of the drink specials.