New court date set for Pottsville brew pub owner over free beer event citations

POTTSVILLE — The owner of Black Rock Brewing Co. has a new court date for the three citations filed against him by the city regarding his free beer event held March 16.

Bobby Weaver’s summary hearing is scheduled for 10 a.m. Tuesday, May 28, in Magisterial District Judge James K. Reiley’s courtroom, Pottsville. A prior date in April was postponed because of a scheduling conflict with Weaver’s lawyer.

“We’re eager to get this in front of the judge,” Weaver said Thursday.

The three summary citations were filed March 18 related to occupying a condemned property and lack of a valid license for food handling and drinking establishment. Weaver was fined $300 for each plus costs, totaling $1,154.17 He has pleaded not guilty.

Friday is the one-year anniversary of the closure of Black Rock, at 325 Centre St., Pottsville, after the city levied 67 citations following an overnight kitchen fire two days earlier that was extinguished by a Pottsville police officer.

Weaver said he has fixed or attempted to address the code issues.

But a Nov. 8 letter from Justin Trefsger, lead code official, said Weaver’s attempts to use a new compliance process violates the 2015 International Building Code; that the building lacks fire escapes, which Weaver said were removed because they were in poor condition; and that a sprinkler system is needed under the International Building Code.

The city originally said it would shut down Weaver’s event if he held it, but later relented, with Mayor Dave Clews citing the potential for a public relations “nightmare” for all involved. The day of the event, however, Weaver was told he would be cited.

Weaver said hundreds of people attended the free event, where he gave away previously brewed beer that he hadn’t been able to sell because his brewpub was closed.

Weaver started a GoFundMe page to pay for the fines. A total of $1,534 was raised, nearly $400 above the fine total. He said previously if he doesn’t have to pay the fines, he’ll seek input from the public as to what nonprofit or fundraiser should receive the money.

Meanwhile, a Schuylkill County Court of Common Pleas hearing on Weaver’s appeal of a city UCC Board of Appeals decision denying his appeal of a building permit for Black Rock was discontinued May 10 per an order from Judge Christina E. Hale on April 25.

The judge ordered the city to certify and return the evidentiary record within 10 days and said if Weaver wants an evidentiary hearing to supplement the record, a written motion for justification should be filed.

Thomas J. Campion, attorney for the UCC Board of Appeals, said it has retained the firm Siana Law, Chester Springs, as legal counsel.

Eric Brown, the attorney involved with the case, did not return a call for comment Thursday.

Weaver’s plan for reopening was first rejected by the city code office in November and, upon appeal, by appeals board on Feb. 23.