ABC Delays Action On Transfer Amid Legal Concerns

July 28, 2016 at 4:25 p.m.

By DAVID SLONE, Times-Union Staff Writer-

Legal questions Thursday surrounding a transfer of ownership for alcohol permits resulted in the Kosciusko County Alcoholic Beverage Commission tabling the transfer to its Dec. 5 meeting.

The beer, wine and liquor and Sunday sales retailer permits for E.F. Enterprises, doing business as The Hawg House, South Huntington Street, Syracuse, were first renewed.

Then Carl Flickinger, Nappanee, wanted to transfer the permits to his other corporation, Hunter's Hideaway LLC, from E.F. Enterprises. If the transfer was approved, Flickinger said, he would then start the procedures to sell the permits to other persons who were interested in buying the permits. His E.F. Enterprise Corp. - with other partners - is dissolved.

ABC chairman Darwin Call said he had a problem with the transfer because it appears the transfer was a way for Flickinger to get out of debt. Flickinger did tell the board he has some outstanding bills, but they are in his name. By transferring the permit from E.F. Enterprise Corp. to Hunter's Hideaway for Flickinger's financial protection, theoretically, Call said, Flickinger was taking the financial protection away from the people he did business with under the E.F. Enterprise Corp.

"I don't want to transfer it without some legal advice," Call said. He said he was concerned the board may be opening itself up to a lawsuit if it allowed the transfer.

Excise officer Patty Fleck said, "It's not uncommon that this happens. It's never been challenged." However, because of the board's legal concerns, she continued the hearing on the transfer for a month. She said she will get an "interpretation" on the matter from the state commission's executive secretary and will get that to the board by December's meeting.

A transfer of ownership was approved from Wal-Mart Stores East Inc., Arkansas, to Wal-Mart Stores East LP, Arkansas. According to the attorney representing Wal-Mart, Wal-Mart is transferring ownership of its alcohol permits nationwide, but "it's all Wal-Mart."

The Alcohol Tobacco Commission requires the transfer when there is any stock or corporate change, said the attorney.

Due to a violation, JD's Roadhouse renewals for a beer, wine and liquor retailer permit and Sunday sales retailer permit were tabled to the Dec. 5 meeting.

The business was fined $400 for minor loitering, according to Joyce Avery, one of the partners of the business, at Thursday's meeting. That fine was paid but Avery did not have a receipt with her and excise officer Patty Fleck did not have a copy of the violation, so the hearing was tabled. The business' permits were extended to January.

Other permits approved included:

• La Pasadita, East Winona Avenue, Warsaw, new beer and Sunday sales retailer permits.

• Marge's Marina, West Warren Avenue, Silver Lake, beer and wine dealer permit renewal. The permit will be held in escrow until it can be sold or the business is up and running again.

• Stonehenge Golf Club, East Pierceton Road, Winona Lake, beer, wine and liquor and Sunday sales retailer permits renewal.

• Service Liquors East, Lake City Highway, Warsaw, beer, wine and liquor dealer permit renewal.

• Lakeview Liquors, East Main Street, Silver Lake, beer, wine and liquor dealer permit renewal.

• The Keg, West Van Buren Street, Leesburg, beer and wine and Sunday sales retailer permits renewal.

• BPO Elks 802, East Center Street, Warsaw, beer, wine and liquor retailer permit renewal.

• Time Out Inn, U.S. 30W, Warsaw, beer, wine and liquor and Sunday sales retailer permits renewal.

• Mentone Tavern, Main Street, Mentone, beer and wine retailer permit renewal.

• Nana's Broadway Inc., South Broadway, Mentone, beer, wine and liquor retailer permit renewal.

• Spike's Beach Grill, Eastlake Drive, Warsaw, beer, wine and liquor retailer permit renewal.

• Pizza Hut, Lake Village Shopping Center, Warsaw, beer and wine and Sunday sales retailer permits renewal.

• Trammel & Trammel, North Higbee Street, Milford, beer, wine and liquor dealer permit renewal.

• CVS Pharmacy, Ind. 13S, North Webster, beer, wine and liquor dealer permit renewal.

• CVS Pharmacy, East Pickwick Drive, Syracuse, beer, wine and liquor dealer permit renewal.

• American Legion Post 49, North Buffalo Street, Warsaw, beer, wine and liquor and Sunday sales retailer permits renewal.

• Liquid Assets Fine Spirits, East Center Street, Warsaw, beer, wine and liquor dealer permit renewal.

• Warsaw Bowl, East Market Street, Warsaw, beer, wine and liquor and Sunday sales retailer permits renewal.

• Down Under, North Huntington Street, Syracuse, beer and wine retailer permit transfer of ownership.

• American Legion Post 223, South Huntington Street, Syracuse, beer, wine and liquor and Sunday sales retailer permits renewal.

• Fraternal Order of Eagles, West Center Street, Warsaw, beer, wine and liquor and Sunday sales retailer permits renewal.

• Gilliam Lanes, Ind. 15N, Warsaw, beer, wine and liquor and Sunday sales retailer permits renewal.

Members of the Kosciusko County Alcohol Beverage Commission are chairman Darwin Call, Kenneth Johnson, Gordon Vanator and excise officer Patty Fleck. They meet at 1 p.m. in the county courthouse, Warsaw, on the first Thursday of every month. Their next meeting is Dec. 5. [[In-content Ad]]

Legal questions Thursday surrounding a transfer of ownership for alcohol permits resulted in the Kosciusko County Alcoholic Beverage Commission tabling the transfer to its Dec. 5 meeting.

The beer, wine and liquor and Sunday sales retailer permits for E.F. Enterprises, doing business as The Hawg House, South Huntington Street, Syracuse, were first renewed.

Then Carl Flickinger, Nappanee, wanted to transfer the permits to his other corporation, Hunter's Hideaway LLC, from E.F. Enterprises. If the transfer was approved, Flickinger said, he would then start the procedures to sell the permits to other persons who were interested in buying the permits. His E.F. Enterprise Corp. - with other partners - is dissolved.

ABC chairman Darwin Call said he had a problem with the transfer because it appears the transfer was a way for Flickinger to get out of debt. Flickinger did tell the board he has some outstanding bills, but they are in his name. By transferring the permit from E.F. Enterprise Corp. to Hunter's Hideaway for Flickinger's financial protection, theoretically, Call said, Flickinger was taking the financial protection away from the people he did business with under the E.F. Enterprise Corp.

"I don't want to transfer it without some legal advice," Call said. He said he was concerned the board may be opening itself up to a lawsuit if it allowed the transfer.

Excise officer Patty Fleck said, "It's not uncommon that this happens. It's never been challenged." However, because of the board's legal concerns, she continued the hearing on the transfer for a month. She said she will get an "interpretation" on the matter from the state commission's executive secretary and will get that to the board by December's meeting.

A transfer of ownership was approved from Wal-Mart Stores East Inc., Arkansas, to Wal-Mart Stores East LP, Arkansas. According to the attorney representing Wal-Mart, Wal-Mart is transferring ownership of its alcohol permits nationwide, but "it's all Wal-Mart."

The Alcohol Tobacco Commission requires the transfer when there is any stock or corporate change, said the attorney.

Due to a violation, JD's Roadhouse renewals for a beer, wine and liquor retailer permit and Sunday sales retailer permit were tabled to the Dec. 5 meeting.

The business was fined $400 for minor loitering, according to Joyce Avery, one of the partners of the business, at Thursday's meeting. That fine was paid but Avery did not have a receipt with her and excise officer Patty Fleck did not have a copy of the violation, so the hearing was tabled. The business' permits were extended to January.

Other permits approved included:

• La Pasadita, East Winona Avenue, Warsaw, new beer and Sunday sales retailer permits.

• Marge's Marina, West Warren Avenue, Silver Lake, beer and wine dealer permit renewal. The permit will be held in escrow until it can be sold or the business is up and running again.

• Stonehenge Golf Club, East Pierceton Road, Winona Lake, beer, wine and liquor and Sunday sales retailer permits renewal.

• Service Liquors East, Lake City Highway, Warsaw, beer, wine and liquor dealer permit renewal.

• Lakeview Liquors, East Main Street, Silver Lake, beer, wine and liquor dealer permit renewal.

• The Keg, West Van Buren Street, Leesburg, beer and wine and Sunday sales retailer permits renewal.

• BPO Elks 802, East Center Street, Warsaw, beer, wine and liquor retailer permit renewal.

• Time Out Inn, U.S. 30W, Warsaw, beer, wine and liquor and Sunday sales retailer permits renewal.

• Mentone Tavern, Main Street, Mentone, beer and wine retailer permit renewal.

• Nana's Broadway Inc., South Broadway, Mentone, beer, wine and liquor retailer permit renewal.

• Spike's Beach Grill, Eastlake Drive, Warsaw, beer, wine and liquor retailer permit renewal.

• Pizza Hut, Lake Village Shopping Center, Warsaw, beer and wine and Sunday sales retailer permits renewal.

• Trammel & Trammel, North Higbee Street, Milford, beer, wine and liquor dealer permit renewal.

• CVS Pharmacy, Ind. 13S, North Webster, beer, wine and liquor dealer permit renewal.

• CVS Pharmacy, East Pickwick Drive, Syracuse, beer, wine and liquor dealer permit renewal.

• American Legion Post 49, North Buffalo Street, Warsaw, beer, wine and liquor and Sunday sales retailer permits renewal.

• Liquid Assets Fine Spirits, East Center Street, Warsaw, beer, wine and liquor dealer permit renewal.

• Warsaw Bowl, East Market Street, Warsaw, beer, wine and liquor and Sunday sales retailer permits renewal.

• Down Under, North Huntington Street, Syracuse, beer and wine retailer permit transfer of ownership.

• American Legion Post 223, South Huntington Street, Syracuse, beer, wine and liquor and Sunday sales retailer permits renewal.

• Fraternal Order of Eagles, West Center Street, Warsaw, beer, wine and liquor and Sunday sales retailer permits renewal.

• Gilliam Lanes, Ind. 15N, Warsaw, beer, wine and liquor and Sunday sales retailer permits renewal.

Members of the Kosciusko County Alcohol Beverage Commission are chairman Darwin Call, Kenneth Johnson, Gordon Vanator and excise officer Patty Fleck. They meet at 1 p.m. in the county courthouse, Warsaw, on the first Thursday of every month. Their next meeting is Dec. 5. [[In-content Ad]]

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