ABC Member Asks Excise Officer To Transfer Out Of County
July 28, 2016 at 4:25 p.m.
By Tim [email protected]
Smith and ABC President Gordon Vanator told Tackett they were dissatisfied with the results of two split votes at the board's Nov. 1 meeting.[[In-content Ad]]At that meeting, the board approved a request for a new wine, beer and liquor license for Dewart Lake Inn and a request for a transfer of ownership for the Sleepy Owl Supper Club by votes of 3-1. After suggesting the board continue the cases, Tackett voted against both requests because she said the signs announcing the Nov. 1 hearing were not posted at the sites according to state regulations.
Thursday, Smith told Tackett he had received calls claiming that Kristi Boren and Tom Clemens, owners of Dewart Lake Inn, had been required to attend a hearing before the Indiana Alcohol and Tobacco Commission in Indianapolis in order to obtain their license to sell alcohol.
"They should have had that license when they left here after the hearing," Smith said.
Tackett said state policy did not allow Dewart Lake Inn to receive the requested license nor a letter of authority immediately following the Nov. 1 hearing.
"To get a letter of authority, the request must be passed unanimously," Tackett said. "If there is a 3-1 vote, the license has been approved at the local level, but it still has to be reviewed by the state board."
Reached by phone, Indiana Excise Police Public Information Officer Jennifer Fults said Tackett is right.
"Any time that it is not a unanimous decision, then it gets forwarded to the commission in Indianapolis and they hear it at commission meetings," Fults said.
Vanator and Smith said they were unaware of the state policy. Vanator said the board has had mixed votes before that resulted in immediate issuance of licenses. He asked Tackett for a letter explaining the state policy.
"This board did not understand that if we didn't have a unanimous vote we didn't do our job, someone else in Indianapolis will," Vanator said. "We don't understand how the system works. As a member of this board, I don't understand."
Smith said the policy undermines the power of the local board.
"Why have a board if you have more authority than we do?" he asked Tackett.
Smith said he and the other board members voted to approve Boren's and Clemens' request so the restaurant owners could avoid financial loss from being unable to sell alcohol during the Thanksgiving holiday season. When they didn't get the license immediately, Smith said Boren and Clemens had to attend a Nov. 20 hearing in Indianapolis before Dewart Lake Inn could sell alcohol.
"They lost $50,000 in sales that month on account of they didn't get the license that day when they walked out of here," Smith said.
Tackett said she was simply doing her job, enforcing state mandates when she voted against the Nov. 1 requests.
"So, you're not going to give a break to anybody?" asked Smith.
"On affidavits of compliance, absolutely not," said Tackett.
Smith told Tackett he had a request for her.
"I would be pleased if you would ask for a transfer to another district," Smith said, "because you aren't doing the job this county needs."
In other news, the board unanimously approved:
n A transfer of ownership request from Shaffner & Shaffner Enterprises Inc. for Bennigans, Warsaw.
n A transfer of stock request from Petro Christos for the Boathouse Restaurant, Winona Lake.
n License renewals for Lakeview Liquors, Silver Lake; The Keg, Leesburg; American Legion Post 223, Syracuse; The Turf, Milford; and F.O.E. 1339, Warsaw.
ABC member Kenneth Johnson did not attend Thursday's meeting. The next ABC meeting is scheduled for 1 p.m. Jan. 3 in the Old Courtroom.
Smith and ABC President Gordon Vanator told Tackett they were dissatisfied with the results of two split votes at the board's Nov. 1 meeting.[[In-content Ad]]At that meeting, the board approved a request for a new wine, beer and liquor license for Dewart Lake Inn and a request for a transfer of ownership for the Sleepy Owl Supper Club by votes of 3-1. After suggesting the board continue the cases, Tackett voted against both requests because she said the signs announcing the Nov. 1 hearing were not posted at the sites according to state regulations.
Thursday, Smith told Tackett he had received calls claiming that Kristi Boren and Tom Clemens, owners of Dewart Lake Inn, had been required to attend a hearing before the Indiana Alcohol and Tobacco Commission in Indianapolis in order to obtain their license to sell alcohol.
"They should have had that license when they left here after the hearing," Smith said.
Tackett said state policy did not allow Dewart Lake Inn to receive the requested license nor a letter of authority immediately following the Nov. 1 hearing.
"To get a letter of authority, the request must be passed unanimously," Tackett said. "If there is a 3-1 vote, the license has been approved at the local level, but it still has to be reviewed by the state board."
Reached by phone, Indiana Excise Police Public Information Officer Jennifer Fults said Tackett is right.
"Any time that it is not a unanimous decision, then it gets forwarded to the commission in Indianapolis and they hear it at commission meetings," Fults said.
Vanator and Smith said they were unaware of the state policy. Vanator said the board has had mixed votes before that resulted in immediate issuance of licenses. He asked Tackett for a letter explaining the state policy.
"This board did not understand that if we didn't have a unanimous vote we didn't do our job, someone else in Indianapolis will," Vanator said. "We don't understand how the system works. As a member of this board, I don't understand."
Smith said the policy undermines the power of the local board.
"Why have a board if you have more authority than we do?" he asked Tackett.
Smith said he and the other board members voted to approve Boren's and Clemens' request so the restaurant owners could avoid financial loss from being unable to sell alcohol during the Thanksgiving holiday season. When they didn't get the license immediately, Smith said Boren and Clemens had to attend a Nov. 20 hearing in Indianapolis before Dewart Lake Inn could sell alcohol.
"They lost $50,000 in sales that month on account of they didn't get the license that day when they walked out of here," Smith said.
Tackett said she was simply doing her job, enforcing state mandates when she voted against the Nov. 1 requests.
"So, you're not going to give a break to anybody?" asked Smith.
"On affidavits of compliance, absolutely not," said Tackett.
Smith told Tackett he had a request for her.
"I would be pleased if you would ask for a transfer to another district," Smith said, "because you aren't doing the job this county needs."
In other news, the board unanimously approved:
n A transfer of ownership request from Shaffner & Shaffner Enterprises Inc. for Bennigans, Warsaw.
n A transfer of stock request from Petro Christos for the Boathouse Restaurant, Winona Lake.
n License renewals for Lakeview Liquors, Silver Lake; The Keg, Leesburg; American Legion Post 223, Syracuse; The Turf, Milford; and F.O.E. 1339, Warsaw.
ABC member Kenneth Johnson did not attend Thursday's meeting. The next ABC meeting is scheduled for 1 p.m. Jan. 3 in the Old Courtroom.
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