Barbee Landing Liquor License Up In The Air

December 4, 2020 at 12:29 a.m.

By Amanda Bridgman-

Kosciusko County Alcohol Tobacco Commission on Thursday continued the hearing on Barbee Landing’s liquor license renewal after not enough members were present.

The case on the board’s docket in regard to Channel Side LLC, doing business as The Barbee Landing, 3687 N. Barbee Road, Warsaw, was continued for a second time after being continued in November to December. This time, the case was continued because the board wasn’t able to reach a quorum after board member Elim Smith was absent and member Dan Woods abstained due to a conflict of interest.

As it stands, Barbee Landing’s restaurant beer, wine and liquor license renewal is stalled because of a violation the business got in September 2019. That violation was after 20-year-old Ty Brown was served by the establishment after never being ID’d.

Barbee Landing owner Joel Stein said Brown had a fake ID, but Brown’s family claims Stein only knows that after police found it in Brown’s wallet after they found him dead at 5 a.m. Sept. 2, 2019, on McKenna Road.

A police investigation determined that Brown had left the Barbee Landing on foot that evening and ruled his death as accidental, saying Brown fell and hit his head and causing bleeding on the brain. Toxicology results showed alcohol in Brown’s system, with his BAC at 0.21. Brown was from Indianapolis and a junior at Butler University when he was visiting Kosciusko County for the Labor Day weekend.

Brown’s family attended the virtual ATC meeting Thursday and were upset by the continuance and asked excise officer and board member April Tackett for more information about the next meeting and how to remonstrate at the state level if Kosciusko continues the Barbee Landing’s liquor license.

The next Kosciusko ATC meeting is schedule for 1 p.m. Jan. 7.

The board also Thursday approved a permit for the Oswego Mini Mart in Leesburg to sell beer and wine during dinner service.

Tippy Lake Mart LLC, doing business as Oswego Mini Mart & Café, 2757 E. Armstrong Road, Leesburg, had applied for a new restaurant beer and wine retailer permit.

Tessa Smalley, administrative assistant at the mini mart, explained the business’ plans.

“What we’re wanting to do is it won’t be an all-day thing ... we’d like to eventually turn it into a dinner club up there, where we would have fine dining and just beer and wine is served only by servers,” Smalley told the board. “We right now have carry-out in the mini mart, but we’re looking to serve beer and wine with dinner.”

While the board did unanimously approve the permit, Tackett said the mini mart will have to make some changes before it can take effect.

“With this permit, you cannot have two permits at one location unless they are completely separated,” Tackett said. “You still have access and free flow from one business to the other, so in order to qualify for this restaurant permit, the business would either have to completely separate the two businesses by putting up a wall or you could get rid of the grocery permit and not do any construction.”

Right now people who patron the mini mart can go from the café side to the grocery side.

Smalley said she will have to speak with the owner and see what they want to do, but the Kosciusko board approved the permit. It will go for final approval by the state commissioners Dec. 15.

The board also approved the following renewals: restaurant beer, wine and liquor for Bar 13, 131 N. First St., Pierceton; restaurant beer, wine and liquor for Clouse Enterprise Inc., doing business as Down Under, 801 N. Huntington St., Syracuse; restaurant beer and wine retailer for Light Rail Coffee LLC, doing business as Light Rail Cafe, 1000 Park Ave., Winona Lake; and restaurant beer, wine and liquor for Side House Grill, 2604 Sheldon Drive, Warsaw.

The hearing for Warsaw Bowl Inc.’s beer, wine and liquor permit was continued until the January meeting. Warsaw Bowl is at 1702 E. Market St., Warsaw.

Kosciusko County Alcohol Tobacco Commission on Thursday continued the hearing on Barbee Landing’s liquor license renewal after not enough members were present.

The case on the board’s docket in regard to Channel Side LLC, doing business as The Barbee Landing, 3687 N. Barbee Road, Warsaw, was continued for a second time after being continued in November to December. This time, the case was continued because the board wasn’t able to reach a quorum after board member Elim Smith was absent and member Dan Woods abstained due to a conflict of interest.

As it stands, Barbee Landing’s restaurant beer, wine and liquor license renewal is stalled because of a violation the business got in September 2019. That violation was after 20-year-old Ty Brown was served by the establishment after never being ID’d.

Barbee Landing owner Joel Stein said Brown had a fake ID, but Brown’s family claims Stein only knows that after police found it in Brown’s wallet after they found him dead at 5 a.m. Sept. 2, 2019, on McKenna Road.

A police investigation determined that Brown had left the Barbee Landing on foot that evening and ruled his death as accidental, saying Brown fell and hit his head and causing bleeding on the brain. Toxicology results showed alcohol in Brown’s system, with his BAC at 0.21. Brown was from Indianapolis and a junior at Butler University when he was visiting Kosciusko County for the Labor Day weekend.

Brown’s family attended the virtual ATC meeting Thursday and were upset by the continuance and asked excise officer and board member April Tackett for more information about the next meeting and how to remonstrate at the state level if Kosciusko continues the Barbee Landing’s liquor license.

The next Kosciusko ATC meeting is schedule for 1 p.m. Jan. 7.

The board also Thursday approved a permit for the Oswego Mini Mart in Leesburg to sell beer and wine during dinner service.

Tippy Lake Mart LLC, doing business as Oswego Mini Mart & Café, 2757 E. Armstrong Road, Leesburg, had applied for a new restaurant beer and wine retailer permit.

Tessa Smalley, administrative assistant at the mini mart, explained the business’ plans.

“What we’re wanting to do is it won’t be an all-day thing ... we’d like to eventually turn it into a dinner club up there, where we would have fine dining and just beer and wine is served only by servers,” Smalley told the board. “We right now have carry-out in the mini mart, but we’re looking to serve beer and wine with dinner.”

While the board did unanimously approve the permit, Tackett said the mini mart will have to make some changes before it can take effect.

“With this permit, you cannot have two permits at one location unless they are completely separated,” Tackett said. “You still have access and free flow from one business to the other, so in order to qualify for this restaurant permit, the business would either have to completely separate the two businesses by putting up a wall or you could get rid of the grocery permit and not do any construction.”

Right now people who patron the mini mart can go from the café side to the grocery side.

Smalley said she will have to speak with the owner and see what they want to do, but the Kosciusko board approved the permit. It will go for final approval by the state commissioners Dec. 15.

The board also approved the following renewals: restaurant beer, wine and liquor for Bar 13, 131 N. First St., Pierceton; restaurant beer, wine and liquor for Clouse Enterprise Inc., doing business as Down Under, 801 N. Huntington St., Syracuse; restaurant beer and wine retailer for Light Rail Coffee LLC, doing business as Light Rail Cafe, 1000 Park Ave., Winona Lake; and restaurant beer, wine and liquor for Side House Grill, 2604 Sheldon Drive, Warsaw.

The hearing for Warsaw Bowl Inc.’s beer, wine and liquor permit was continued until the January meeting. Warsaw Bowl is at 1702 E. Market St., Warsaw.

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