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Posted on July 17, 2008 12:59 AM

Bars fight to regain licenses

The future of Tony's Big Easy and two accompanying bars is uncertain after the Pennsylvania Liquor Control Board (PLCB) declined to renew their parent company's liquor license last week.

After multiple incidents and violations on the premises -- including a murder in 2006 and a February fight which saw four arrests and a crowd of 200 surge into the street -- the board voted against renewing the license for Sammark Inc., owner of Tony's Big Easy, Lulu's Nightspot and Candy Bar & Lounge, all located at 129 1/2 S. Pugh St.

"Over the years the establishment had compiled a list of liquor code violations and also was repeatedly the scene of disturbances where the local police were called in," PLCB Deputy Press Secretary Francesca Chapman said.

On Friday, attorney Francis X. O'Brien filed an appeal on behalf of the bars' owner, Tony

Sapia. The bars can remain open while the appeal processes, Chapman said.

"They have temporary operating authority until the case is resolved," Chapman said.

During 2005 and 2006, the bars received fines for liquor code violations, including using a loudspeaker that could be heard outside and selling drinks at a discounted price for a period before midnight exceeding two hours, Chapman said.

In February 2006 Penn State student Michael Donahue was stabbed to death inside Club Love, now known as Lulu's Nightspot, according to Collegian archives.

If Sammark loses the appeal the liquor license will "effectively disappear," Chapman said.

Sammark cannot sell its license unless the appeal is successful, Chapman said. However, similar cases sometimes end in what is called an offer-in-compromise, she said.

In that case, the license is reinstated but the licensee must sell the license to someone else, Chapman said, though she added there is no current indication of an offer-in-compromise with the Sammark appeal.

Sapia declined comment on the appeal, and O'Brien did not return phone calls by press time yesterday.

In January 2007, the license was up for renewal when the state Bureau of Licensing recommended not to renew because of the history of violations and criminal activity on the property, Chapman said.

The case worked through the PLCB system, and last week, the board officially voted against renewing the license, Chapman said.

"I think really the most compelling thing is that there was a fatal stabbing on the premises," Chapman said.



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