Lack of proper paperwork and serving to a minor led to two alcohol license violations within the past year for Wyndham Garden, 2519 E. Center St., Warsaw.
Thursday, the Kosciusko Alcohol Tobacco Commission had a hearing on the renewal for the beer, wine and liquor hotel license held by Fortune 1 LLC, doing business as Wyndham Garden, Recovery Lounge and Palette. The hearing was continued from the September meeting when any representatives of the business failed to appear at that meeting.
Rajesh Patel, member/owner of Fortune 1 LLC, told the board he thought the first violation was for a person serving alcohol without a permit and the second violation was for serving to a minor.
Excise officer April Tackett said the first violation occurred Oct. 27. “And it was a little more than operating on an expired permit,” she said. “Nobody had a manager’s questionnaire, nobody had employee permits, nobody had copies of employee permits. Is that all correct?”
Patel said he had gone to Indianapolis and got a temporary two-month permit. A work permit expired in May. He thought a violation happened in “March or something,” and there was a $1,000 penalty.
After asking who Alex Guzman was, and Patel said nobody, Tackett said Guzman was the bartender who didn’t have a license. Patel said that was correct.
Marino Mendez identified himself as the manager, Tackett said, who also didn’t have an employee permit. “You can’t manage an alcohol license without an alcohol permit,” she said.
The board was told Mendez had a permit, but it just wasn’t present on the day of the violation.
Patel said Mendez’s permit was issued Nov. 22, 2023, and expired Nov. 22, 2026. Tackett said the violation was Oct. 27, so at that time Mendez didn’t have a permit.
Tackett asked who runs the restaurant part, and Patel said Mendez, who now has the manager’s questionnaire and a permit.
Tackett asked how many employees are there at the restaurant that serves alcoholic beverages. Patel responded, “Right now, we have one person. We don’t do a whole lot. So one person for lunch and one person for dinner.”
That one person is the server and bartender, and that’s Mendez. Patel said the bar is only opened for a short time, something like 5 to 8 p.m.
The second violation was in November, Tackett stated, and that was for the sale of alcoholic beverages to a minor and for allowing a minor in a tavern. Patel said he thought that one was what the $1,000 penalty was for, and Tackett said probably.
Tackett asked who a Yanette was. Patel said he thought she was the employee who used to work in the restaurant and made the mistake of serving the minor.
Commission President Alan Alderfer asked about training new employees on serving alcohol. Patel said they don’t have a lot of employee turnover and they don’t do a lot of business. As part of the criteria for having the hotel, they have to have the restaurant.
“So the Wyndham Garden is a full-service hotel, and that’s the reason, otherwise we don’t make a dime. We’re losing dime, basically, to be honest with you guys,” Patel said.
He added that right now the hospitality business “is really bad.”
Tackett said it sounded like the employee permit issues have been fixed, and Patel agreed. All of their fines have been paid, too, he said.
Commission member Dan Woods said, “It just sounds like ... it’s rough. But as rough as it is, it opens you guys up to really get caught on the short side here. And that’s my only concern. I realize how hard it is to run a restaurant and the alcohol, but don’t ...”
Woods made a motion to approve the renewal, Tackett seconded and the motion passed 3-0. The county alcohol commission is only a recommending board to the state, which will make the final decision.
Nickibaba LLC, doing business as Handy Spot Liquors, 2223 E. Center St., Warsaw, also had a violation against its beer, wine and liquor package store license.
Nick Singh, president of the company, explained their violation was for a new employee who sold alcohol to a minor. He said she was trained but missed checking for the minor’s identification. The employee was terminated immediately.
The business and the employee both were fined and those fines were paid, Singh stated.
There were no remonstrators against the license renewal, which the board approved.
A beer and wine dealer grocery store license renewal for Gurleen Petroleum Inc., doing business as Angel Food Mart, 10010 N. Turkey Creek Road, Syracuse, was continued to the Nov. 7 meeting because of an uncertainty as to whether or not the business had a violation. No one from Angel Food Mart was present at Thursday’s meeting.
Owens Family Farm LLC, dba Owens Fresh Meat Market, 6287 Ind. 15, Leesburg, sought a new beer and wine dealer grocery store license. However, due to some paperwork issues, the hearing for the license was continued to the Nov. 7 meeting at 1 p.m.
License renewals without violations approved by the board included:
• Cerulean Winona Lake LLC, doing business as Cerulean, 1101 E. Canal St., Winona Lake, beer, wine and liquor restaurant license.
• Dolgencorp LLC, dba Dollar General Store #19834, 8919 E. Black Point Road, Syracuse, beer and wine dealer grocery store license.
• Dolgencorp LLC, dba Dollar General Store #20445, 4739 N. Ind. 13, Leesburg, beer and wine dealer grocery store license.
• Dolgencorp LLC, dba Dollar General Store #24108, 106 W. Dixie Drive, Silver Lake, beer and wine dealer grocery store license.
• Family Express Corporation, dba Family Express #83, 203 S. Main St., Leesburg, beer and wine dealer grocery store license.
• Time Out Inn of Warsaw Inc., dba Time Out Inn, 1701 W. Lake St., Warsaw, beer, wine and liquor restaurant license.