County Alcohol Board Reviews Violations, Transfers And A New License
By David Slone
Times-Union
KOSCIUSKO COUNTY — On the docket for the Kosciusko County Alcohol and Tobacco Commission on Thursday, Sept. 5, were three license transfers, one new license application, two renewals with violations and 14 renewals without violations.
All were unanimously accepted except for the beer, wine and liquor hotel license renewal for Fortune 1 LLC, doing business as Wyndham Garden, Recovery Lounge and Palette Restaurant, 2519 E. Center St., Warsaw. They’ve had two violations in the past year, but no one representing them attended Thursday’s meeting so the hearing was tabled to the October meeting.
The other renewal with a violation was for McClure Oil Corporation, doing business as McClure Oil No. 55, 311 S. Huntington St., Syracuse. They have a beer and wine dealer grocery store license.
Michael Kantner, director of operations for McClure Oil, explained, “We had a cashier who violated our company policy. Our policy is to scan all identification, to read it, read the date, accept the transaction, move on. There is a way they have found to bypass because there’s several identifications out there in the world that are not scannable. She bypassed our policy, broke the law, we had to terminate her employment for the violation. We don’t accept that, we don’t tolerate it, we don’t condone it.”
He said it was the first violation for the Syracuse store. McClure has 22 stores with permits, and this is their fourth violation in 20 years of having permits for the entire chain, Kantner stated.
As a result of the violation, he said everyone working at the store had to take their training again before they were allowed to run a cash register.
Excise officer April Tackett asked if McClure No. 55 received a fine for this violation. Kantner said he believed they did and it was paid. The violation occurred in “March or April of last year,” he said.
With no remonstrators against the renewal, it was accepted 4-0 by the local commission. All decisions by the local commission are a recommendation to the state board, which makes the final decision.
Falling Rabbit
The new beer, wine and liquor river and lakefront district license application, with no carryout, was for Falling Rabbit LLC, doing business as Falling Rabbit, 105 E. Center St., Warsaw.
Owner Molly Hollar said the business is a cocktail bar that will not have carryout. She has to fill out the application yet to be in the Designated Outdoor Refreshment Area. While they’re not opened yet, Hollar said they’re planning on opening as soon as the license goes through.
“Mostly just cocktails, beer, wine, small amounts of food that we’re providing, and then we’ll have a QR Code for a couple of the restaurants around town,” she said.
There will be no smoking and it’ll be for those 21 and older. She also won’t have Type II gaming.
“So technically,” Tackett said, “With it being no smoking and no Type II gaming, we’re going to call it you must be 21 to enter, because that’s what you want it to be, but a kid could come in with their parent or family member to eat and leave only. So if that comes up, it’s a possibility, but we’re still going to mark it that it’s barroom.”
Commission President Alan Alderfer asked Hollar if she had experience in the business. Hollar said she does as she’s been a bar manager and bar director in the Warsaw and Winona Lake area since she moved here in 2006. Businesses she’s worked at included Hacienda, One Ten and Cerulean.
With no remonstrators, the new application was accepted 4-0.
Transfers
The first hearing on a license transfer was a double transfer, requested by Kyle & Mario LLC, doing business as Moe’s Hideout Bar & Grill, 204 E. State St., Etna Green. The licenses transferred included a beer and wine retailer restaurant license and a beer, wine and liquor restaurant license.
Owners Kyle Lenfestey and Mario Brisemo attended the meeting for the transfers for the restaurant.
Brisemo said they bought the bar in April and are trying to comply with everything. They’ve been working on the business under the current license for George and Angie’s Pub LLC, doing business as George’s Highlander, and now they’re trying to transfer it to themselves.
There were no remonstrators against the transfer.
Lenfestey and Brisemo said they’ve not been involved in the alcohol business before, but they’re learning a lot. Lenfestey said they both have their bartender licenses and took the training. Their other employees are over 21.
The transfer was approved, but is on hold until the owners turn in an affidavit that they didn’t have with them Thursday.
Tackett told the owners the renewal for George’s Highlander was approved Thursday and asked them when they planned to open. Lenfestey said as soon as they could. Tackett asked them if George’s had a letter of extension, and Brisemo said he believed they did.
“So if George’s has a letter of extension, you can open and just work off the old one until your new one comes in the mail,” she said. “If George’s — because we just heard the renewal today — does not have a letter of extension, you can either pay the fee to get one, or you can wait until after the 17th and that’s when all of this will be marked active. So that’s up to you how you guys want to do it.”
Another double transfer request was presented for Mi Lindo Acapulco Ind., doing business as Mi Lindo Acalpulco Restaurant, 307 W. Market St., Warsaw. The two licenses are a beer retailer restaurant license and a beer, wine and liquor restaurant license.
The owner is Socorro Brito and her accountant, Erica Parra, provided some translation for her.
Parra said there was a fire at the old Mi Lindo Acapulco location at 217 E. Center St. in 2022. The renovations took a while so Brito looked for a new location. She now has a signed lease at 307 W. Market St. and has been in business, just not serving alcohol.
Brito said she’s ran Mi Lindo for about 19 years.
Tackett asked about the patio at the new location and if there was a barrier around the patio seating yet.
Brito said there wasn’t.
Tackett asked if the location was in the map of the DORA. Parra said that would be a question for the owner, so Tackett assumed it was not in the DORA.
“So if you do not have a barrier around that patio, you can not have alcoholic beverages out there,” Tackett said, adding the barrier has to be at least 3 feet high, but it could be planters, a rope or some other type of barrier.
Through Parra, Brito said that would be a conversation she’d have with the landlord. So for now, Tackett stated, there’s no alcohol to be served outside. If Brito figures something out with the landlord, or if they get included in the DORA, Tackett told Brito and Parra to call her and she’d do an inspection.
With no remonstrators, the transfers were approved. Mi Lindo will be able to serve alcohol after the state commission approves the license on Sept. 17.
The last transfer was for a beer and wine dealer grocery store license for Multani Mart Inc., 400 S. Buffalo St., Warsaw.
Owner Gurmaile Singh said he was buying the grocery store and gas station from Gmart. He has six other locations in Indiana with alcohol sales and he has 16 years of experience. There were no remonstrators, and the transfer was accepted.
No Violations Renewals
In other business, renewals without violations approved included:
• Aldi (Indiana) LP, doing business as Aldi No. 38, 945 N. Parker St., Warsaw, beer and wine dealer grocery store license.
• B & E Holding LLC, dba Viking Liquor, 112 W. Main St., Mentone, beer, wine and liquor package store license.
• Boathouse Restaurant, dba Boathouse Restaurant, 700 Park Ave., Winona Lake, beer, wine and liquor restaurant license.
• Bulldog Saloon Inc., dba The Bulldog Saloon, 101 E. Main St., Mentone, beer, wine and liquor restaurant license.
• El Pacifico Restaurant LLC, dba El Pacifico, 615 S. Huntington St., Syracuse, beer, wine and liquor river and lakefront district license.
• Family Express Corporation, dba Family Express No. 79, 109 W. State St., Etna Green, beer and wine dealer grocery store license.
• Freeland Enterprises Inc., dba Pizza Hut, 3314 Lake City Hwy., Warsaw, beer and wine retailer restaurant license.
• George and Angie’s Pub LLC, dba George’s Highlander, 204 E. State St., Etna Green, beer, wine and liquor restaurant license.
• LM Acquisitions Inc., dba NewMarket No. 771, 306 S. Main St., North Webster, beer and wine dealer grocery store license.
• Mallers Joyner Cinemas LLC, dba North Pointe Cinemas, 1060 Mariners Drive, Warsaw, wine retailer restaurant license.
• Service Liquors Inc., dba Service Liquors East, 3720 Lake City Hwy., Warsaw, beer, wine and liquor package store.
• Spikes Inc., dba Spikes Beach Grill, 310 Eastlake Drive, Warsaw, beer, wine and liquor restaurant license.
• T & C Restaurants LLC, dba Lakeside Restaurant, 110 E. Main St., Syracuse, beer, wine and liquor river and lakefront license.
• The Owl’s Nest LLC, 7369 E. CR 800N, North Webster, beer, wine and liquor catering hall license.