The difference between a domicile and a residence led Texas to dismiss charges against Sam Stimmel.

"It really was a case that should not have been indicted," said George Filley, Stimmel's attorney in Texas.

Stimmel is the former owner of Stimmelators Gentlemen's Club, 114 E. Washington St., North Webster. The club now is owned by his daughter Tracy.

In a telephone interview Monday afternoon, Filley said the statute that led to charges against Stimmel refers to a person not making any false statements when applying for a liquor license in Texas. When Stimmel moved to Victoria County, Texas, from Indiana, he maintained his Indiana residence and said on his liquor license application for a bar he wanted to run in Texas that he was a Texas resident.

The statute does not require an applicant to have a domicile in Texas, only that he be a resident for at least one year, which at that point Stimmel had been. Nothing in the statute prohibited Stimmel from having more than one residence.

In the official order to dismiss, the reason given for the state dismissing the charge of "false statement on alcohol" application (Cause No. 04-11-21, 350-D) is "state no longer pursuing charges." The order was signed by the presiding judge Feb. 8.

A domicile, under Texas law, refers to an residence to the exclusion of any other residence - "one residence, one home." Meanwhile, a person can have several different residences, such as when a person lives in Indiana for part of the year and then Florida or Texas for the other part of the year. Both would be a person's residences.

When applying for the alcohol license in Texas, Filley said, Stimmel even asked the local Alcohol Beverage Commission what were the specific steps he needed to take to receive a license and then he took those steps.

"It's kind of crazy," Filley said. "The state tells you how to do it and then files these charges against you."

Filley said a disgruntled employee of Stimmel's had called the Texas ABC and told them Stimmel had made a false statement on his application. During the entire application process, however, Filley said Stimmel was honest. For the purpose of the application, the question of residency was ambiguous. Stimmel had bought property and had a residence established.

"It's a very nice beach resort area," said Filley. "Sam would have had a nice place down there."

With the dismissal of the case against Stimmel, Filley said, Stimmel has no convictions against him. And that also means Stimmel may help his daughter Tracy run Stimmelators or try for another alcohol license in Texas if he chooses.

In February, the Kosciusko County Alcoholic Beverage Commission unanimously approved the transfer of stock of the beer, wine and liquor retailer permit of Night Shift of North Webster Inc., doing business as Stimmelators Gentlemen's Club, from Sam to Tracy.

The fate of Stimmel's Indiana permit came into question in October after Indiana Excise Officer Sgt. Greg Wiese questioned Sam about an alcohol license permit he applied for in Victoria County, Texas, in September 2003. Stimmel, on his application, provided a Texas address. Stimmel admitted at the October meeting that he gave false information to Texas and is a Hoosier.

At the November Kosciusko County ABC meeting, a tie vote of 2-2 was reached by the board on the renewal of Stimmelators Gentleman's Club's permit. The permit renewal was then forwarded to the state.

According to a copy of the transcribed minutes from the state commission's meeting Jan. 4, Stimmelator's permit renewal was approved "on the condition of the transfer (of the permit) and that he (Sam Stimmel) have no activity or no involvement in the permit, unless he would be cleared from what is going on in Texas right now with the law."

Stimmel now is cleared of all charges in Texas.

Tracy Stimmel has been learning the business for the past two to three years to buy the club from Sam. It was decided the best way to purchase the club was through a stock purchase. On Nov. 3, Tracy applied for a transfer of stock of the business subject to the renewal of Stimmelators' license.

Stimmelators has had only three violations in the past 17 years. [[In-content Ad]]