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Sam Stimmel's character and state of residency are under scrutiny by Indiana and Texas officials, and it could mean the loss of his Indiana alcohol licenses.
He already can never hold an alcohol license in Texas because of his legal trouble, Stimmel told the Kosciusko Alcoholic Beverage Commission Thursday.
Stimmel was before the ABC to renew his beer, wine and liquor retailer permit for his nightclub, Stimmelators Gentleman's Club, North Webster.
Stimmel had a violation earlier this year when a minor with false identification was found in the club. Stimmel paid a fine of $500 for that violation, telling the board it was only his third violation in 17 years.
Stimmel also holds an alcohol permit for an establishment in Peru. That business is closed and the permit is in escrow.
But the ABC postponed Stimmel's license renewal until the Nov. 4 ABC meeting at 1 p.m. in the county courthouse, Warsaw.
The fate of his Indiana permits came into question not because of the underage violation, but after Indiana Excise Officer Sgt. Greg Wiese asked Stimmel about an alcohol license permit he applied for in Victoria County, Texas, in September 2003.
To apply for an alcohol permit in Texas, an applicant must be a resident of the state for at least one year prior to applying. Stimmel, on his application, provided a Texas address. Wiese asked Stimmel if he saw on the application where if the applicant gave a false statement, the applicant could face jail time of not less than two years and no more than 10 years. Stimmel said he did not remember that on the application.
When Wiese asked Stimmel if he is an Indiana or Texas resident, Stimmel said he is a resident of Indiana. Wiese then asked Stimmel if he was a resident of Indiana but told Texas he was a resident of that state. Stimmel admitted he gave false information to Texas and is a Hoosier.
Stimmel said about three years ago, on eBay, he saw a bar in Texas for sale. He wanted to retire to a warmer climate so he bought that bar. He found a manager and put the alcohol license in the manager's name, who then quit in 2003. Stimmel said money was extorted from him and he spent money to keep the Texas bar open. When the license came up for renewal, Stimmel said he had no one in Texas to apply for the alcohol license so he put it in his name. He did get a Texas driver's license and registered to vote there, but Stimmel said he didn't think that made him a Texas resident.
He has since closed the Texas establishment and is trying to sell it. He said he understands he will never have an alcohol license in Texas again. While dealing with his problems in Texas, he said, he also was dealing with problems in Indiana that he did not specify.
"I was wrong in what I did, but I didn't have anyone to put (the license) in their name down there," said Stimmel.
He said Texas is punishing him for what he did.
"The only thing I did in Texas was provide jobs. I didn't take any money from Texas," he said.
ABC chairman Gordon Vanator asked what Texas alcohol laws have to do with Indiana laws. Wiese said that according to Indiana alcohol statutes, a reason to deny a permit or renewal is because the applicant does not maintain a high moral character. Stimmel's actions in Texas could reflect on his character.
Stimmel said he's 55 years old and until his current Texas situation, he's not done anything wrong but receive speeding tickets. He said he's sure he will pay heavily for his actions in Texas. He admitted to doing wrong.
"I'm a Hoosier. I'm so glad to be back in Indiana," he said, defending his residency. When he had a Texas driver's license, he said, he didn't have an Indiana driver's license, but now has his Indiana license back. He said he felt he was "coerced" into doing what he did in Texas.
Stimmel said, and his daughter agreed, that his whole intention was to retire in Texas and occasionally come back to Indiana to help his daughter run Stimmelators Gentleman's Club.
Kenneth Johnson, ABC member, asked Stimmel if he gave any thought to the possibility he could lose his Indiana license by the actions he took in Texas. Stimmel said he did not and while in Texas, his daughter ran Stimmelators. He said he doesn't feel he's an immoral character.
The question before the board, Wiese said, is whether Stimmel had a five-year continuous Indiana residency. To have an alcohol permit in Indiana, the permit holder must be an Indiana resident for five continuous years, Wiese said. Also, Stimmel's character comes into question since he may have falsified his Texas alcohol application.
Wiese said Stimmel either misled Texas or Indiana regarding his residency. Stimmel replied he told Texas, after the fact, that he is an Indiana resident. He never actually left Indiana. He got a Texas driver's license to get the alcohol permit and he files his taxes in Indiana, Stimmel said.
Excise Officer Patty Fleck said as a ABC member, she doesn't even know if his application for the permit renewal is correct since he may have been a Texas resident.
Stimmel said he didn't think he needed to be punished in both states for his actions in Texas.
Fleck continued his permit until the November meeting. Vanator suggested Stimmel get an attorney and file everything correctly. If the board had to make a decision Thursday, Vanator said, the board likely would pull his license.
Remonstrator Helen Hoy was present to offer information on Stimmel's actions in Texas, but since the board discussed it, she said, "I'm happy with it."
Stimmel's bond after being arrested in Texas was $20,000, Hoy said.
As for his alcohol permit in Peru, Stimmel said he has a man who may want to purchase the club. That club's alcohol permit, Wiese said, will be left up to the Miami County ABC.
