A Syracuse restaurant received a favorable recommendation Thursday from the Kosciusko County Alcohol Tobacco Commission (ATC) for their alcohol license, while four other businesses had to explain why they previously received violations.
The new application for a beer, wine and liquor riverfront/lakefront license was from 201 WM Inc., doing business as (dba) West Main Kitchen, 201 W. Main St., Syracuse.
Jerry Parsons, vice president and part owner, said, “We purchased the restaurant from the previous owners who held a similar permit. They reached out to the state to find out what the process was for us obtaining the permit. They informed us that we could not transfer it, it would have to be a new application. So we went through the process of filing the application. In the interim, the state informed the previous owners that we could be assigned as managers. So they filled out an application and we had to turn in paperwork for that, so we’ve been operating under their previous license as managers.”
He said he and his wife are the only two people that work there, though his wife’s mother occasionally helps with washing the dishes.
The restaurant will offer dinner Thursday, Friday and Saturday evenings, by reservation only. No one under 21 is permitted unless they’re dining with a parent, guardian or other relative. The pre-fixed menu is the same for everyone, but they can choose their entree, Parsons explained.
The ATC unanimously gave the new application their approval.
The first violation the ATC heard was for Bar B-Q Bar LLC, dba The Dock Cafe, 1009 S. Huntington St., Syracuse. Their beer, wine and liquor restaurant license was up for renewal.
Allison Robie, member owner with Bar B-Q Bar LLC, said they own the property but had it leased to another business that was operating and managing the license. Originally, it was Peterson’s Fish and then that ownership transferred to another entity that operated under Peterson’s Fish for a while but then changed its name to Boondocks, Robie said. They then had the opportunity to move out to the South Shore property south of Syracuse and operate under South Shore’s license. They were going to try to do a breakfast restaurant under The Dock Cafe, but they then shut down after a couple months, she said.
“So they are not quite out but will be out by this weekend,” Robie said.
She said the alcohol license was approved to be put into escrow in June.
As far as the violation, Robie said it was explained to her that a 19-year-old waitress, who did not have any kind of server’s license, took an order and handed it off to another waitress who does have a license. The other waitress served the customer but neither one of them checked the customer for their ID.
Robie said they were fined $1,000 and that was paid, and the server was fined $500.
Excise officer April Tackett asked if anything was running at 1009 S. Huntington St. now. Robie said no, it’s shut down and they have it listed for sale. The ATC approved the renewal of the license.
The second violation hearing was for NELP LLC, dba Milford Party Park, 314 N. Higbee St., Milford. Their beer, wine and liquor package store license was up for renewal.
Heidi Um, manager, explained that she wasn’t there when the violation occurred, but the girl who had the violation had no excuse except for a lack in judgment.
“Excise went in and she served a minor,” Um said.
Tackett asked if the violation was for sale to a minor or minor loitering and Um said both. Tackett also asked what is supposed to be the in-house rule about carding people at the business. Um said they’re supposed to card everyone who looks under the age of 40.
The violation took place approximately six months ago. ATC member Dan Woods asked if the employee was still with the Milford Party Pack and Um said yes. The fines for the business and employee have been paid, Um said.
The renewal was approved.
The third violation brought before the board Thursday was a food violation for Time Out Inn of Warsaw Inc., dba Time Out Inn, 1701 W. Lake St., Warsaw. Their beer, wine and liquor restaurant license was up for renewal.
Roger “Rocky” Clemens, founder/secretary/manager, explained that at 11 p.m. on a Friday night, an excise officer asked an employee if they served food and the employee answered the question incorrectly and said no.
“She should have said yes,” Clemens said, adding that the Time Out has sandwiches and soup to be consumed, it just has to be microwaved. “In our permit, we are required to have food on hand at all times, and soup, as well as milk and pop.”
The fine was for $250.
Clemens noted that the Time Out allows its customers to call any restaurant in town and have it delivered to the Time Out as they only sell soup and sandwiches and other small items.
“We’re not famous for food,” Clemens stated. “The Time Out is pretty much known as a bar.”
Tackett explained that state law requires that anybody that has an alcohol permit to have food readily available at all times that they’re serving alcohol. “So if they open up at 7 a.m. or if they open up at 9 p.m., anytime they’re serving alcohol, they have to have those minimum food requirements of hot soup, sandwich, coffee, milk and soft drinks,” she said.
Clemens said the Time Out has had food violations before for not having enough milk.
Board member Alan Alderfer asked Clemens if at this point he was prepared to serve food if needed. Clemens said yes and that they showed the officer that night they had food ready to go. Clemens said the state law on serving food dates back to 1934.
Alderfer asked Clemens if his staff now had the proper training on how to answer the question of if they have food readily available. Clemens said the employee just answered the question wrong.
The renewal of Time Out’s license was approved.
The final violation was for KH Brewing LLC, dba HopLore Brewing, 307 W. Market St., Warsaw. Their beer, wine and liquor riverfront and lakefront license was up for renewal.
Stefan King, owner/manager/bartender, said he had a bartender who did not check an ID. That employee is no longer with the company.
He said the violation was for not checking ID. Tackett asked him if that was it. King said there was a violation for allowing a minor to loiter but that violation was dropped. Tackett asked if the violation of selling to a minor was dropped, but King said there was no sale to a minor as far as he was aware and no money changed hands.
The fine was for $1,000, and King said that was paid.
Tackett said if the fine was for $1,000, she assumed that the sale to a minor part of the violation “stuck” and they just dropped the loitering part.
“So, just so you are crystal clear on this, even if money does not exchange hands, if a minor gets served alcohol, then the violation has occurred,” she said.
The license renewal was approved.
Renewals without violations approved included:
• American Legion Post 49, 301 N. Buffalo St., Warsaw, beer, wine and liquor fraternal club license.
• Kroger Limited Partnership I, dba Kroger J-837, 2211 E. Center St., Warsaw, beer, wine and liquor drug store license.
• Oakwood Resort LLC, dba Oakwood Resort, 702 E. Lakeview Road, Syracuse, beer, wine and liquor hotel license.
• Saint Regis Club LLC, 101 E. Center St., Unit 101, Warsaw, beer, wine and liquor riverfront and lakefront license.
• Texas Roadhouse Holdings LLC, dba Texas Roadhouse, 700 W. CR 300N, Warsaw, beer, wine and liquor restaurant license.
• Warsaw Seafood Inc., dba Asian Cajun, 658 S. Buffalo St., Warsaw, beer and wine retailer restaurant license.