Excise officer John Barchak differed with Tom Clemens when the Time Out Inn owner appeared to renew the beer, wine and liquor license for the tavern.

Clemens' Time Out alcohol permit was cited twice for having illegal gambling machines at the 1701 W. Lake St., Warsaw, establishment: once in June when the devices were being used; and again in October when they were still on the property, unplugged, but operational because the computer "mother board" hadn't been removed.

"I've held a liquor license for 35 years. I think I'm the longest, most continuous permit-holder. The prosecutor looks the other way. It puts Kosciusko County bar owners at a disadvantage.

"I'm not making excuses. The machines were unplugged, not in use. That was our second offense. Why would we get fined?" Clemens asked.

"Simply having them on the property is illegal," Barchak said.

Clemens said he felt like a criminal when the violations were published in the Times-Union.

"The laws are ambiguous," Clemens said. "To think a person could loose their business over it ..."

He also owns Gordy's Sub Pub and The Downtown in Warsaw and a bar in North Manchester.

"The laws are not ambiguous. There are certain forms of gambling that are legal. Others are not," Barchak said.

Gambling devices are illegal in the county and in the state. If an excise officer discovers one or more in a bar, the Indiana Alcohol and Tobacco Commission can levy violations and fines.

If a county's prosecuting attorney seeks to have the devices removed, criminal charges can be applied.

The alcoholic beverage permit for the Time Out was renewed. Clemens was reminded that if there is a third violation, the permit will be revoked.

A permit renewal also was approved for the Fraternal order of Eagles 1339 Inc., 1400 W. Center St., Warsaw, that also had an illegal gambling device violation levied against it.

Nancy Alvarado requested and received a new beer, wine and liquor permit for the All Occasions Catering Hall. Alvarado is renovating the building at 835 N. Lake St., Warsaw, for the business.

Larry Cripe from the Lakeland Golfer Association, 1700 Rozella Road, doing business as Rozella Ford Golf Club, and Bogey's Restaurant owners Greg Treesh and April O'Neill appeared before the board to renew the club's license.

Cripe explained the association owns the golf course, pro shop and the restaurant area. The restaurant bar and dining areas are leased.

Barchak explained the alcoholic beverage permit should be transferred to the restaurant operators/managers.

"You want to make sure the transfer indicates the license reverts back to the association if they leave. This takes liability away from the golfers association. Technically, you're in violation," Barchak said.

The license was renewed for the Lakeland Golfer Association with the expectation that ownership of the license will be transferred.

The board also:

• Approved a beer license renewal for Juan Malagon, 520 E. Winona Ave., Warsaw, doing business as Gorditas Aguas Calientes.

Approved renewals for beer, wine and liquor licenses for

• Keg Corp., 111 W. Van Buren, Leesburg dba The Keg. David Stouder, Syracuse president, Douglas Stump, Milford, secretary;

• Wal-Mart Stores East, 2501 Walton Blvd, Warsaw, dba Wal-Mart Supercenter #1304;

• Dana Habb, 112 W. Main St., Mentone, dba The Mentone Party Pack; and

• DNA Properties, 714 S. Huntington St., Syracuse, dba Knocker's Sports Bar.

County alcohol commissioners are Ken Johnson and Elim Smith. Gordon Vanator was absent. [[In-content Ad]]