Smartie Artie's could be declared 'nuisance bar'

PLUM: Once the investigation into Smartie Artie's bar and restaurant is completed, Allegheny County District Attorney Stephen A. Zappala Jr. plans to visit Plum and lay out his findings.

"I will come out at some point and discuss this matter, meet with the owners and their attorney and tell them what our position is," Zappala said.

Zappala directed detectives from the nuisance bar task force to investigate whether Smartie Artie's should be declared a "nuisance bar" after one of the owners was arrested on charges of selling cocaine at the restaurant.

Joseph Sciullo, 43, of Plum, one of the owners, and Frank Spena, 41, of Turtle Creek, were arrested Jan. 9 by Plum police and officers from the Allegheny County District Attorney Narcotics Enforcement Team. According to court documents, the drug transactions occurred at the restaurant. The estimated street value of the drugs totals $10,000, Zappala said.

The two are scheduled for a preliminary hearing on April 14 before Penn Hills District Justice Leonard Hromyak.

Zappala said he has asked detectives to determine if the bar should be declared a nuisance under the provisions in the liquor code as well as the narcotics code.

The three criteria evaluated to determine whether a bar is a nuisance are: citation history, police reports and community input.

Smartie Artie's, which opened in November 1985, does not have a long history of violations, according to the state Liquor Control Board.

Zappala said he directed Plum officials to send some of their officers to conduct interviews of business owners "in and around the bar." Those interviews have been completed, he said.

The district attorney said the bar concerns him for two reasons — including the "possible scope of narcotics distribution of persons associated with the individuals who were arrested in Plum."

Further, Zappala said he is concerned because young people frequent the restaurant.

"This bothers the mayor (John Schmeck) and the task force," he said.

Schmeck could not be reached for comment.

In January, Schmeck vowed to do everything he could to shut down the bar. Zappala praised Plum's efforts.

"Plum has been diligent in (doing) everything we've asked them to do," Zappala said. "The mayor is passionate about his community."

Meanwhile, Smartie Artie's has remained open throughout the district attorney's investigation.

"Things are moving along," said attorney Timothy J. Kidd who represents Arthur Sciullo, owner of Smartie Artie's on Route 286. "They are going through the healing process."

Kidd said Arthur Sciullo, who will turn 68 in June, has taken a more active role in the operation of the establishment since the arrest of his son (Joseph Sciullo).

"He's working over 60 hours a week," Kidd said.

Arthur Sciullo, who could not be reached for comment, is awaiting word from the state Liquor Control Board concerning his application to establish a new corporation, Kidd said.

Kidd said Art Sciullo wants to delete both sons' names from the corporation and replace them with his own as the sole shareholder.

Donna Pinkham, Liquor Control Board press secretary, said if the name change is granted, Arthur Sciullo will be listed as president, secretary, treasurer, stockholder and manager.

"He would have the day-to-day responsibilities," Pinkham said. The application is being reviewed, she said.

Joseph Sciullo now is listed as president, and Jay Sciullo, a younger brother, is listed as vice president.

Pinkham said if Joseph Sciullo is convicted of the drug offense, the bar could lose its liquor license, which expires May 31.