Man accused of drinking while tending bar pleads no contest
SUNBURY - A Kulpmont man pleaded no contest Monday to consuming liquor while tending bar and was ordered to pay a $125 fine plus costs and fees.
By pleading no contest to the liquor law violation, Cody Shustack, 21, of 947 Spruce St., is neither admitting nor denying guilt, but realizes enough evidence exists that could result in him being convicted at trial.
An additional charge of underage drinking was not prosecuted.
Shustack, who attends Penn State University, was represented by Attorney David Noon of Sunbury.
Assistant district attorney Michael Seward represented the commonwealth.
Shustack was charged by Liquor Control Enforcement Officer Jannell (Wilk) College in connection with an Aug. 3, 2013, incident at the Jan Sobieski Club in Kulpmont. College was working undercover as a patron inside the Kulpmont social club at approximately 2 a.m. when she allegedly observed Shustack take a drink from a bottle of Dr. McGillicuddy's liquor while he was tending bar.
His 60-year-old grandfather, Bruno Varano, who serves as president of Kulpmont Borough Council, pleaded no contest Feb. 25 to a summary offense of disorderly conduct before Magisterial District Judge John Gembic III of Shamokin involving the same incident.
Varano, who accompanied his grandson to Monday's legal proceeding before Judge Charles Saylor, paid a fine and costs totaling $341. An additional charge of furnishing alcohol to minors filed by College was withdrawn.
Gembic was assigned to hear the cases involving Shustack and Varano after Magisterial District Judge Hugh Jones of Mount Carmel recused himself due to a conflict of interest.
Shustack was initially charged when he was 20 years old by College with consuming liquor while tending bar, escape and underage drinking, all of which were withdrawn by the LCE and district attorney's office at a Feb. 25 hearing before Gembic. But College refiled the underage drinking and consuming liquor while tending bar charges March 28 at Jones' office. The case was then transferred to Magisterial District Judge Benjamin Apfelbaum of Sunbury, who held Shustack for court on both charges June 10, sending the case to the Court of Common Pleas.