HOLLIDAYSBURG - A Pennsylvania Liquor Control Board ruling from last year refusing to renew the liquor license of an Altoona nightclub has been upheld by Blair County Judge Elizabeth Doyle.
Gary McLoota, owner of the Thee Mirage, 130 Sixth Ave., made an application to renew the club's Hotel Liquor License beginning in February 2011.
The request was challenged by the LCB and the Altoona Police Department because of the club's many liquor code violations and the number of crimes and brawls that occurred both in the club and its parking lot.
The board refused the renewal of the license for 2011 and 2012.
McLoota, through his attorney, Karen Muir of Centre County, appealed the ruling to a Blair County judge, contending that the LCB did not establish McLoota knew about the incidents on the property and that the board did not consider steps McLoota took in response to past problems for which the club was cited.
Doyle rejected the idea McLoota didn't know about the crimes and violence that was occurring.
"A number of the incidents occurred [in McLoota's] own parking lot when the premises were open," she said.
The incidents included a patron receiving a broken nose in a fight that involved 20 people, a man and woman being assaulted and a woman being stabbed.
Doyle stated "the severity of these events, happening immediately outside the licensed premises, should have put [McLoota] on notice of the activity."
She said in September 2009, Altoona Detective Sgt. Brian Friewald, executing a search warrant, found heroin, marijuana, drug paraphernalia and "numerous weapons" inside the office of the club.
Doyle agreed that McLoota had taken steps to address complaints from the LCB over the years. He installed an emergency light system, added an eight-camera security system, purchased an ID scanner to exclude underage drinkers, fired an employee found smoking marijuana in the parking lot and employed a bouncer and certified bartenders.
But, Doyle concluded, "These measures are found to be ineffective because several of the most severe incidents, including the Sept. 10, 2010, stabbing, occurred after the security measures were implemented."
The case against Thee Mirage dates back to 1997, according to court papers.
From 1997 through 2010, there were eight citations against the nightclub. They included permitting dancers to associate with patrons "for lewd, immoral, improper or unlawful purposes."
The nightclub bounced two checks; discounted the price of alcohol between midnight and 2 a.m.; served alcohol between 2 and 7 a.m.; served alcohol to a 15-year-old girl; failed to clean the coils, tap rods and connections and to maintain records of the cleaning of its equipment; failed to operate as a hotel; and placed false information on its renewal application.
In addition, the board reviewed 12 incidents that included various brawls. Most of the cited incidents of violence occurred in 2009 and 2010, Doyle pointed out.
Muir argued that her client has a "zero tolerance drug policy." She argued that city police, state police and the LCB never provided warnings to McLoota to alert him that he was in trouble.
In her brief to Doyle, Muir said McLoota had cooperated with police in the investigations of incidents and had asked police and the LCB for help to improve his operation.
At least one neighbor testified before the board that she has had no problems with the club.
The club has remained open during the ongoing appeal to the Blair County Court.
Doyle's decision can be appealed to the Commonwealth Court.
Muir said as Wednesday she could not comment or indicate if an appeal will be taken because she had not seen Doyle's order.
Stacey Witalec, a spokeswoman for the PLCB, said that unless there is a stay issued by the court, the adverse decision by a county court judge to the request to renew a liquor license means the license under which the club operates ceases to exist.
Mirror Staff Writer Phil Ray is at 946-7468.
