Arch Cafe: Liquor license renewal in limbo
Judge Ralph C. Warman will make the determining decision.
An appeal hearing was held at the courthouse on Friday based on the Pennsylvania State Liquor Control Board's (LCB) refusal to renew the liquor license for the Arch Cafe.
The establishment, located at 615 N. Pittsburgh St., is considered a nuisance bar by Connellsville Police Chief James Bielecki.
According to state control board assistant counsel Michael Bigley, Bielecki notified the LCB that illegal and criminal activities occurred inside and around the establishment.
In October 2000, an administrative hearing was held in Pittsburgh where state and local law enforcement agents testified to 21 alleged drug deals and incidents involving minors purchasing alcoholic beverages at the business.
During testimony Friday, Arch Cafe manager Frank McKlveen said that Cpl. Ronald Haggerty of the Connellsville City Police Department approached him in February 1999 in reference to the alleged criminal activity.
'Haggerty said that three people were selling drugs and he asked me to throw them out,' testified McKlveen. 'I told him I had no reason to.'
'I told him (Haggerty) if he had any suspicions that he could come in and arrest them,' said McKlveen.
Bigley said it was McKlveen's uncooperativeness with the Connellsville City Police that launched the full-blown problems that the owner, Felicia Ida Merendino, is currently having with the renewal of the liquor license for the establishment.
'The manager of the establishment reacted improperly to the suggestions made by the local police department. He didn't respond to their efforts when they tried to assist him. And he didn't take responsibilities that he owed to the community to prevent crack and cocaine dealers from hanging out in the neighborhood,' Bigley said after the hearing.
However, during testimony McKlveen said that five cameras were installed inside the bar in December 1999. Additionally, he said the locks were removed from the bathroom stalls in the restroom facilities.
Under cross examination, Bigley asked McKlveen why he removed the locks from the stalls and installed the cameras. 'Did you do it because of suspected drug activity?' questioned Bigley. 'It was done for any problems that could occur,' he responded.
Furthermore, McKlveen was questioned by Bigley as to whether or not he agreed to meet with Haggerty and provide a list of suspected drug dealers who were selling in and around his establishment.
McKlveen admitted that he agreed to meet with Haggerty but not on those premises.
McKlveen said he committed to a meeting with Haggerty to discuss the three alleged dealers but then changed his mind and decided not to go.
Anthony Merendino, the son of Felicia Ida Merendino, also testified on Friday. He said the Arch Cafe was known as a drug area and added that he contacted the state police. 'I called the state police and asked about undercover officers. I called a friend who's in the FBI and asked him what could be done,' Merendino said.
Furthermore, Merendino said that Connellsville itself is a drug haven and added that the press (newspaper media) made the Arch Cafe look like a drug ward.
Merendino said that McKlveen issued 31 certified letters to individuals who weren't to return to the establishment due to suspicions that they were involved in criminal activity.
'People read things in the paper and it makes things look like it's (the Arch Cafe) nothing but a drug nest,' he said.
Merendino testified that he was made aware of the alleged drug activity in the establishment by rumors and the newspaper articles, not by McKlveen. Warman then intervened.
'Did Frank tell you about the three people?' asked Warman. 'Did you see him with 31 letters?'
Merendino answered no to both questions.
Two citations had been previously filed against the establishment - one in 1992 for being open after hours and the other in 1999 for the operation of gambling devices, according to Bigley. In both instances fines were paid by the owner.
Before Warman determines whether or not the license will be renewed, a memorandum submitted by defense attorney Greg Nichols of Greensburg has to be reviewed by Bigley.
Bigley has until June 4 to reply and Nichols is allotted 10 working days thereafter for an additional response.
If Warman decides to deny the renewal of the license, Merendino can appeal and the case will appear before the Commonwealth Court.
In that instance the case is limited to review. That means there will be no testimony and the Commonwealth Court will make the final decision.
The Arch Cafe continues to serve alcohol with temporary permission pending Warman's decision.
