Alcohol Board Continues Two Hearings To December Meeting

November 6, 2020 at 2:47 a.m.


Two permit hearings before the Kosciusko County Alcohol Tobacco Commission Thursday were continued to the Dec. 3 meeting because of a violation for one and the affidavit of compliance wasn’t posted for the other.

Channel Side LLC, doing business as The Barbee Landing, 3687 N. Barbee Road, Warsaw, was cited for a violation in September 2019. Owner Joel Stein said they had a kid with a fake ID come in, it wasn’t caught and the kid was served alcohol.

Excise officer and ATC board member April Tackett said the beer, wine and liquor restaurant permit hearing was continued from October to November because of the violation and that Stein and the ATC prosecutor were working on a resolution.

Stein said he and the prosecutor have come to an agreement, but he still has to sign the paperwork and get it to the prosecutor, who will then forward it on to the state board.

Tackett said that since that process is still ongoing, the hearing for Barbee Landing would be continued to the Dec. 3 hearing at 1 p.m. The meeting will be virtual, as was Thursday’s.

The other hearing continued to December was for a new beer and wine retailer restaurant permit for Tippy Lake Mart LLC, doing business as Oswego Mini Mart & Cafe, 2757 E. Armstrong Road, Leesburg.

Tessa Smalley, administrator for the business, said its primarily a cafe and mini mart. When Tackett asked Smalley if the orange sign – affidavit of compliance – had been posted at least 10 days before the hearing, Smalley said they never received one. Tackett said that with every new application, the orange sign has to be posted at least 10 days before the hearing and has to face the road so everyone can see it. She informed Smalley that the sign is provided after a $2 fee is paid for it.

Smalley said they had legal representation handle all the paperwork. Tackett checked her information but couldn’t find anything to indicate a sign was paid for or a sign was sent out. When Tackett asked if Rockhill Pinnick LLC was their legal representation, Smalley said yes. Tackett told Smalley to either get a hold of them about the affidavit or contact their permit processor.

“You will have to have that before your permit can be heard,” Tackett said.

Gurpreet K. Miani was the last person to have a case before the county ATC Thursday. He represented Nickibaba LLC, doing business as Handy Spot Liquors, 2223 E. Center St., Warsaw, which was up for a renewal of its beer, wine and liquor package store permit.

He said they owned the liquor store since 2011, but they had their first violation back in March. An employee didn’t verify an ID, but that employee has since been fired and employees have been retrained.

Miani said they paid a $1,000 fine.

There were no remonstrators against the permit renewal, and the board unanimously approved for it to be renewed.

Permits, without violations, that were renewed included:

• American Legion Post 223, 1008 S. Huntington St., Syracuse, beer, wine and liquor fraternal club permit.

• Cerulean, 1101 E. Canal St., Winona Lake, beer, wine and liquor restaurant permit.

• Wings Etc., 3416 Lake City Hwy., Warsaw, beer, wine and liquor restaurant permit.

• Claypool Inn, 108 S. Main St., Claypool, beer, wine and liquor restaurant permit.

• Lucky’s Tavern, 560 S. Main St., North Webster, beer, wine and liquor restaurant permit.

Two permit hearings before the Kosciusko County Alcohol Tobacco Commission Thursday were continued to the Dec. 3 meeting because of a violation for one and the affidavit of compliance wasn’t posted for the other.

Channel Side LLC, doing business as The Barbee Landing, 3687 N. Barbee Road, Warsaw, was cited for a violation in September 2019. Owner Joel Stein said they had a kid with a fake ID come in, it wasn’t caught and the kid was served alcohol.

Excise officer and ATC board member April Tackett said the beer, wine and liquor restaurant permit hearing was continued from October to November because of the violation and that Stein and the ATC prosecutor were working on a resolution.

Stein said he and the prosecutor have come to an agreement, but he still has to sign the paperwork and get it to the prosecutor, who will then forward it on to the state board.

Tackett said that since that process is still ongoing, the hearing for Barbee Landing would be continued to the Dec. 3 hearing at 1 p.m. The meeting will be virtual, as was Thursday’s.

The other hearing continued to December was for a new beer and wine retailer restaurant permit for Tippy Lake Mart LLC, doing business as Oswego Mini Mart & Cafe, 2757 E. Armstrong Road, Leesburg.

Tessa Smalley, administrator for the business, said its primarily a cafe and mini mart. When Tackett asked Smalley if the orange sign – affidavit of compliance – had been posted at least 10 days before the hearing, Smalley said they never received one. Tackett said that with every new application, the orange sign has to be posted at least 10 days before the hearing and has to face the road so everyone can see it. She informed Smalley that the sign is provided after a $2 fee is paid for it.

Smalley said they had legal representation handle all the paperwork. Tackett checked her information but couldn’t find anything to indicate a sign was paid for or a sign was sent out. When Tackett asked if Rockhill Pinnick LLC was their legal representation, Smalley said yes. Tackett told Smalley to either get a hold of them about the affidavit or contact their permit processor.

“You will have to have that before your permit can be heard,” Tackett said.

Gurpreet K. Miani was the last person to have a case before the county ATC Thursday. He represented Nickibaba LLC, doing business as Handy Spot Liquors, 2223 E. Center St., Warsaw, which was up for a renewal of its beer, wine and liquor package store permit.

He said they owned the liquor store since 2011, but they had their first violation back in March. An employee didn’t verify an ID, but that employee has since been fired and employees have been retrained.

Miani said they paid a $1,000 fine.

There were no remonstrators against the permit renewal, and the board unanimously approved for it to be renewed.

Permits, without violations, that were renewed included:

• American Legion Post 223, 1008 S. Huntington St., Syracuse, beer, wine and liquor fraternal club permit.

• Cerulean, 1101 E. Canal St., Winona Lake, beer, wine and liquor restaurant permit.

• Wings Etc., 3416 Lake City Hwy., Warsaw, beer, wine and liquor restaurant permit.

• Claypool Inn, 108 S. Main St., Claypool, beer, wine and liquor restaurant permit.

• Lucky’s Tavern, 560 S. Main St., North Webster, beer, wine and liquor restaurant permit.

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