Appeal in Nanticoke bar decision

WILKES-BARRE – An attorney for the Pennsylvania State Police has appealed a Liquor Control Board ruling that dismissed one of the citations issued to a Nanticoke bar in connection with a woman who was accused of slashing another woman in the face.

Craig Strong, attorney for the Bureau of Liquor Control Enforcement, contends the LCB erred when it dismissed a citation against the Prospect Street Café for allowing a minor to frequent the establishment that was issued in connection with a Jan. 1, 2012 incident involving Melanie Figueroa.

Figueroa, who was 20 at the time, was accused by Jennifer Mieczkowski of slashing Mieczkowski during an altercation at the bar. Nanticoke police investigated, but no charges have been filed against Figueroa, who has denied the allegations.

The appeal, filed Thursday in Luzerne County Court, says the LCE cited the bar's owner, Paul Halliday, in February for several violations throughout the year. Two of the citations involved serving Figueroa, who was under the legal drinking age, and allowing her to frequent the establishment.

An administrative law judge upheld the citation in November. Halliday then appealed to the LCB board.

The board in January upheld the citation for serving a minor, but dismissed the citation for allowing a minor to frequent the establishment.

In dismissing the one count, the LCB found the LCE had presented evidence that Figueroa was permitted to enter and stay in the bar on only one occasion. The board said the law required it show evidence she was there habitually or on more than one or two visits.

In his appeal, Strong claims the board's interpretation of the law is in error. State police contend even one visit to a licensed premise by a minor may be considered frequenting a bar.