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Portsmouth nightspot disputes criminal charges
The corporation is charged with two counts of serving alcohol in a restricted area.
Stachowske suggested his client could only face administrative action by the state's Liquor Commission — not criminal charges — because New Hampshire's liquor laws do not specifically address whether patrons can consume liquor on a dance floor.
Prosecutors say O'Neill leveled fatal blows to the head of Joshau Krantz, 24, of Dover just before closing time on April 6 in response to having a drink spilled on him earlier in the night. Krantz died at his Dover apartment from repeated punches to the head.
Conway acknowledged that the law makes no specific mention of dance floors, but argued that liquor licenses clearly designate the specific areas where drinks can be served.
A Jan. 27 trial date has been set for O'Neill in Rockingham County Superior Court.
The corporation already turned down a plea deal by county prosecutors in which it would plead guilty and pay a $75,000 fine, according to court documents.
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