A State College bar is scheduled to appear before the Pennsylvania Bureau of Liquor Control Enforcement for "happy hour violations" next month, a representative from the bureau said.
Sammark Inc., the State College-based group who co-owns Tony's Big Easy, 129 S. Pugh St., received a citation this summer for three separate incidents that allegedly occurred in February at the location, which also includes Candy Bar and Lounge and Lulu's Nightspot, formerly known as Club Love.
Dennis Smolko, Enforcement Supervisor with the Pennsylvania Police and Bureau of Liquor Enforcement, said the investigation of Tony's Big Easy started after the stabbing of Penn State student Michael Donahue, who died of a puncture wound to the heart on Feb. 17.
Josephy A. Ventura is facing first- and third-degree murder charges for the stabbing, which occurred at the former Club Love, 129 1/2 S. Pugh St., after an altercation between both Ventura's and Donahue's friends, State College police said.
"The investigation started as a result of a complaint received to State College Police Department after the stabbing," Smolko said. "They asked us to follow up and see if they were following all the rules. [Donahue] was stabbed one of the nights that they were having a drink special, which was one price for all you can drink. We got involved to see about the legality of that drink special."
The Liquor Control Board said in April that they were investigating the nightclub, and Club Love bartender Jeffrey Jennings testified in the Centre County Courthouse that the special the night of the stabbing was an open bar.
Holding open bar drink specials are prohibited, according to the Pennsylvania Liquor Control Board, which requires that "the serving of unlimited or indefinite amounts of alcohol for a set price" be forbidden.
The first of the three charges states that on Feb. 23, Feb. 25 and March 16, 2006, the establishment distributed alcohol at a discounted price for a period longer than two hours, according to the citation.
The citation also said an unlimited amount of drinks were sold at a fixed price, which violates Liquor Control Board regulations. According to the citation, unlimited bottled beer and mixed drinks were served for the set price of $1 on Feb. 23 and unlimited draft beer, bottled beer and liquor were served for the price of $1 on Feb. 25.
Sammark Inc. is also being cited for allowing three female minors and two male minors to frequent the premise without supervision on March 1, according to the citation.
Smolko said the bar did not sell beverages to minors; rather they entertained the minors without having proper supervision for them.
"[This charge] was for improper supervision," he said. "You have to have one adult for every 20 minors [in the establishment]."
Smolko said although it's hard to say what's common when it comes to liquor license violations, Tony's Big Easy did not do anything criminal, and the bureau of liquor control enforcement routinely has what are known as "happy hour violations" throughout the year.
"It's common for us to have citations issued for happy hour violations," Smolko said. "[This was] a violation of rules and regulations prohibiting certain discount pricing practices."
Smolko said currently, Sammark is pleading not guilty and has asked for a hearing.
He said Sammark can waive the hearing if the company reaches an agreement with the bureau and pays the fine.
Smolko said the charges, which are administrative charges, not criminal charges are against the liquor license of the establishment and not just the owner in particular.
The Bureau of Liquor Control Enforcement through the Pennsylvania State Police is also issuing subpoenas to the five minors who were at 129 1/2 S. Pugh St., location during the March 1 violation.
"Just like any type of any other case, they are witnesses to some type of action," Smolko said. "They are only there for their input or testimony, they aren't in any trouble."
The public hearing will be held at 10:30 a.m. on Oct. 26 at the Hampton Inn, 180 Charlotte Drive, in Altoona, Smolko said.
