Kosciusko County Alcoholic Beverage Commission approved a one-year renewal of an alcohol permit for the Barbee Landing, Warsaw, Thursday.
Phil Fozo, owner of the Landing, appeared before the board seeking the renewal of his license and a redemption of his character in their eyes.In early 2006, Fozo was arrested on felony charges of possession and dealing cocaine from the Barbee Hotel, Warsaw. Fozo pleaded guilty to the charges and served a sentence in the Kosciusko County Jail and a term of probation.
State statute requires business owners with an alcohol license to keep a good reputation in the community. Thursday, Fozo told the board he is seeking to mend his reputation.
"I know I've made mistakes," he said.
Fozo said his involvement with drugs started during a very difficult time in his personal life.
"I should have had more faith in my God, my friends and counselors," he said. "But, I didn't. I am sorry for that. I was wrong."
Fozo is the former owner of the Barbee Hotel. He told the board he lost the hotel and lost his home after he was arrested.
"I do not want to lose my alcoholic beverages permit," he said, "it's all I have. I am begging you to renew my permit."
Several business people and other members of the community attended Thursday's hearing as character witnesses for Fozo.
Darrell Hicks, Warsaw, is a former neighbor of Fozo and the manager of Monteith Tire. Hicks told the board, though Fozo has been through a low time, he believes his character is still intact.
"He's had a rough road and he's come around and he's apologized," said Hicks. "I think he's tried to prove himself. I wouldn't have a problem with him holding that permit. I think he would hold up his legal responsibility."
Becky Plummer is a former employee of Fozo's. She worked for him at the Stonehenge Golf Club and at Barbee Hotel.
"Phil Fozo would give his shirt off his back to you," Plummer said. "He would then and he would now. I feel he's made a huge mistake and he's trying to move on. It's up to the board here to see if he's going to be able to move on."
Fourteen people at the hearing indicated they were attending to support Fozo. The board also received several letters from local business people and Fozo's pastor, Denny Wilson, of Warsaw Community Church.
Fozo's lawyer, Mark Webb, Indianapolis, told the board the crimes Fozo was convicted of are not included in the list of felonies which can make a business owners ineligible to hold an alcohol license. He said he feels Fozo deserves the renewal.
"Here's a guy who has come before you with no pretenses whatsoever," said Webb. "There are times in a person's life when they ought to be given a second chance."
Fozo's license was originally up for renewal with two violations cited. The first violation was a minor loitering in the section of the Landing where alcohol is served, and the second was a door providing access between the Landing and an apartment upstairs. Indiana Excise Officer April Tackett said Fozo corrected both violations immediately.
No one at the hearing indicated they were attending to oppose Fozo's request. The ABC members reviewed their options for action on the request and decided to grant Fozo a one-year permit renewal after which Fozo will be required to come before the board again for review.
"I believe he's sincere and I'm willing to give him another chance by renewing his permit for a one-year term," said board member Kenneth Johnson.
Board member Elim Smith said he agreed. "But, I sure wouldn't want to see any violations in that year," Smith added.
Board president Gordon Vanator said part of the ABC's job is to give people a second chance sometimes.
"We've taken a position of not putting people down if we don't have to," Vanator said. "We're here to help people."
The three-member board and Tackett voted unanimously to approve a one-year renewal.
