Continuously serving Kosciusko County since 1854
Lack of responsibility and a violation caused the Kosciusko County Alcohol Beverage Commission on Thursday to continue the JD's Roadhouse beer, wine and liquor and Sunday sales retailer permits renewal request for the second consecutive month.
According to a Warsaw Police Department report, then-20-year-old Jennifer Kerkhoff got into an altercation with another woman Feb. 23 at the bar. During the fight, Kerkhoff got on top of the other woman and, as the two women were being pulled apart, Kerkhoff bit the other woman's breast.
At the time of the incident, Kerkhoff was staying with Derrick and Rhonda Avery, Leesburg. Derrick helps operate JD's Roadhouse and is the son of Joyce Avery, who owns the establishment and the alcohol permit.
Upon investigating the matter, officers were told by Rhonda Avery that she and Derrick didn't know the suspect was under age 21 and had been drinking at the bar, according to the police report. Other officers picked up Kerkhoff at the Avery home for questioning.
Kerkhoff at first denied being at the bar and then, when officers told her the Averys said she was in the bar, she said she didn't know why the other woman attacked her. Officers could smell the odor of alcoholic beverage on her breath and her blood-alcohol content was .12 percent, according to the report. She was charged with illegal consumption of alcohol by a minor and other charges were being considered.
ABC chairman Darwin Call said, according to the report he had, the Averys were celebrating Derrick's birthday and the Averys knew Kerkhoff was under 21. Upon hearing that, Joyce Avery said she was "flabbergasted."
Joyce was the only person at the meeting representing JD's Roadhouse and, when asked, said Derrick was not there because he was working at a new job. While the alcohol permit is under Joyce's name, she said, she has a contract with her two sons and they are also partners.
Asked what occurred between her and her son after the incident, Joyce said Derrick learned his lesson and was responsible for paying the $400 fine levied against the bar by the state ABC.
"I think he's learned a hell of a lesson about the whole thing," she said. Joyce also said Kerkhoff just showed up at the bar and the bartender told Joyce he asked Kerkhoff for identification.
"One person biting another is a pretty serious offense," said Kenneth Johnson, ABC member.
The board also was concerned that Joyce was not as forthcoming about the matter as she should be. Joyce said she was, but her son tried to hide the matter from her as much as he could. She said she never knew aboout the fine until arfter the fact.
Johnson said, "It seems you don't know what's going on in your own establishment."
"Derrick is 30 and he knew I'd get real hot," Joyce said.
"That doesn't mean anything," said Call. "That doesn't apply here."
Gordon Vanator, ABC member, said he didn't know how she could bypass her responsibilities. He said they should continue the renewal and "you're very close to losing your license."
Call said Derrick and her other son need to be at the Jan. 2 meeting and have proof they are buying into the bar.
"The problem is you don't really seem to know" what's going on, said Call. "We want to meet those people who are allegedly responsible for the operation of your bar."
Sometimes someone under 21 slips into a bar. That can and does happen, he said. However, the February incident at JD's is a totally different situation, Call said, because Derrick knew Kerkhoff was under 21.
"Your boys need to come in and explain themselves," he said.
For Blue Coyote Grill & Cantina, South Buffalo Street, Warsaw, the ABC approved the business' beer, wine and liquor retailer permit to be renewed and also held in escrow for one year.
Excise Officer Patty Fleck said the business owners are still in mediation with their insurance company on how much money they will receive as a result of the business burning down in June. While that is ongoing, the owners want their permit held in escrow so they can decide if they want to rebuild or sell their permit altogether.
A new Sunday sales retailer permit was approved for American Legion Post 223, Syracuse. The nonprofit veterans' club's intentions for the permit aren't to be open every Sunday, a representative said, but just for special events, such as fund-raisers.
In other business, the following renewals were approved and had no violations:
• Gropp's Fish of Stroh, Ind. 13, Syracuse, beer, wine and liquor and Sunday sales retailer permits.
• Barbee Hotel Bar & Grill, North Barbee Road, Warsaw, beer, wine and liquor and Sunday sales retailer permits.
• CVS Pharmacy, North Detroit Street, Warsaw, beer, wine and liquor dealer permit.
• Holiday Inn Express & Suites, Lake City Highway, Warsaw, beer, wine and liquor retailer permit.
• The Pastime, North First Street, Pierceton, beer, wine and liquor and Sunday sales retailer permits.
• El Arriero, North Detroit Street, Warsaw, beer, wine and liquor retailer permit.
Members of the ABC are Darwin Call, Kenneth Johnson, Gordon Vanator and excise office Patty Fleck. They meet at 1 p.m. in the county courthouse on the first Thursday of every month.
