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poolpimp911
Active Member
Joined: 26 Mar 2004
Posts: 81
Location: Pennsyltucky
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 Posted: Monday Oct 10, 2005 |
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This is from Monday's Tribune-Democrat in Jtown
Published: October 09, 2005 11:02 pm
By JULIE BENAMATI
jbenamati@tribdem.com
MARSTELLER —
A local tavern owner who refurbished a former coal miners’ union hall into a pub and banquet facility wants Barr Township supervisors to amend their nuisance ordinance.
The noise regulations in that ordinance are outdated and must be changed to protect his liquor license and to attract other new businesses, he maintains.
Martin Lydic owns Martin Moss Inc., which owns Marty’s Pub, 1036 Moss Creek Road – the former United Mine Workers of America Local Union 2246 social hall.
Once a former gathering space for hundreds of coal miners and their families, the building’s renovation began in 1998. It opened for business as a pub in April 2004.
Lydic plans to rent the social hall for wedding receptions and parties, as well as hosting live bands for weekend entertainment.
Lydic's attorney, Frank Sluzis of Harrisburg, said he and his client will attend the Barr Township municipal meeting tonight to present supervisors with a petition containing about 100 signatures from township residents who support Lydic.
For now, because the township does not have a separate noise ordinance approved by the PLCB, Marty’s Pub falls under the PLCB rules.
And since opening, Sluzis says his client has been fined more than once by the state Liquor Control Board for violating the PLCB's “amplified sound” ordinance.
State regulations say that a liquor licensee is prohibited from allowing amplified sounds from licensed premises – a problem if a bar owner has a loud jukebox or hosts live bands or a disc jockey.
“The problem is that Marty had a series of bands playing at the pub, and he also got a series of violations by the PLCB for violating the PLCB noise ordinance,” Sluzis said from his Harrisburg office.
“Marty didn’t realize that when it comes to renewal time for his liquor license, when you have three or more citations in a licensing period, the PLCB has a right to object.”
Sluzis said his client did not protest the violations and promptly paid the fines.
“We straightened all that out with the PLCB,” Sluzis said. “At my suggestion, in an effort to alleviate the possibility of another citation in the future, I suggested that Barr Township adopt its own noise ordinance.”
The township’s law, which falls under the municipality’s nuisance ordinance, was adopted July 8, 1957. There have been no changes since its adoption almost 50 years ago.
“There are a lot of different things in (the nuisance ordinance), like making or engaging in riots or violent assembly, discharging firearms, immodest or lewd gestures, wrongfully striking other people and playing the radio or phonographs at loud volumes,” Sluzis said.
“Times have changed since then. How can you enforce (the current ordinance) in this day and age?”
Sluzis wants the township to opt out of the PLCB’s noise ordinance.
To do that, supervisors would be required to update their noise rule by pulling it out of their general nuisance ordinance. They would then hold public hearings and send a township resolution to the PLCB.
“The PLCB reviews (the resolution) at a meeting and makes a decision,” Sluzis said. “I’m pretty confident that the PLCB has never turned one down.”
Sluzis will ask supervisors to have all liquor-licensed establishments obtain amusement permits, which also would provide an exemption from the PLCB noise ordinance.
Currently, there are only four other establishments with liquor licenses in the township. Three are open for business: St. Nicholas Hotel in Nicktown, Moss Creek Rod & Gun Club in Marsteller and Colver Sportsmen’s Club. The Blue Goose Inn near Duman Lake Park has closed.
But while Supervisor Chairman Roger Duman said he did not know enough about the issue to make a comment, he said he’s leary of infringing on Marty’s Pub's neighbors.
“I’m not going to vote for something that will infringe on other people in the township,” Duman said. “The neighbors of Marty’s Pub should have rights also. You have to consider the people who live there.”
Duman also questioned the petition.
“If (Sluzis) has 100 signatures, I’d like to know how many of them are from the people who live right around that building,” Duman said.
Sluzis said he is hopeful supervisors will at least mull the request for some time before voting.
“For Marty not to be able to utilize his place would be a shame,” Sluzis said. |
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bassist4life2004
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Joined: 17 Nov 2004
Posts: 1050
Location: Milroy, PA
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| Posted: Tuesday Oct 11, 2005 |
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Anyone get the feeling that this is a guy that we should back up. I know marty, and ill tell ya what, he's a stand-up guy, and it would be a good fight to be fought if we all joined in with him.
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RobTheDrummer
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Joined: 10 Dec 2002
Posts: 5228
Location: Tiptonia, Pa
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| Posted: Tuesday Oct 11, 2005 |
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I think we should introduce something to our local government that people can vote on in the booths. I guarantee the people would vote to snuff out noise regulations for clubs.
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ToonaRockGuy
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Joined: 17 Dec 2002
Posts: 3091
Location: Altoona, behind a drumset.
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| Posted: Tuesday Oct 11, 2005 |
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"Sluzis will ask supervisors to have all liquor-licensed establishments obtain amusement permits, which also would provide an exemption from the PLCB noise ordinance."
Am I missing something? If it's that damned simple, why hasn't every bar owner in the area gotten an amusement permit???
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Big M
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Joined: 17 Oct 2005
Posts: 3
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| Posted: Thursday Nov 03, 2005 |
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As bassist4life2004 said, I agree that this IS a guy that we should all back up. I am a personal friend of Marty's, and attended at least 98% of all the functions held at his establishment, sat in and jammed with almost every band/acoustic act that ever played there. There was nothing unreasonable going on as far as noise or anything else, for that matter. There was a clear picture being painted by the PLCB that they were out to make life miserable for the new guy. On one of the nights they got wrote up, PLCB actually wrote the bar up twice: once before midnight, and once after midnight. Now, if the noise was that unbearable, wouldn't one think that they should have put a stop to it while it was going on instead of letting it go 'til (after midnight) the following day? If it was even a legitimate violation, like say, someone is stealing a car, this would be like the police were watching the person break in, start it up, and drive it away, but not make an arrest until they see him steal another car, or even worse yet, wait until after midnight, and get him for stealing it on two different days!!! Gimme a F&*$ing break!!! The noise gestapo has to be stopped! There will be a meeting at the Barr Township Municipal Building, Nicktown, Pa. on November 14, at 7:00pm where they will discuss proposed changes to the noise ordinance. I am sure that there will be people in support of and people against the proposed changes and I am certain the more people on our side that attend will only help things. I am new to Rock Page as far as being a member,this being my first post, but I have been a lurker for some time, and I recognize a lot of names here, and have played music with a lot of you. I will try to keep you all posted, as I get the time. Fight the good fight, and God bless.
Big M |
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