Alcohol Board Denies Transfer Of Permit For E&S Express Inc.
Posted
David Slone-dslone@timesuniononline.com
After at least four months of noncompliance, the Alcoholic Beverage Board of Kosciusko County denied the transfer of a beer and wine dealer permit for E & S Express Inc., 2518 E. Center St., Warsaw.
In July, the transfer of the alcohol permit was tabled to August because the sign notifying the public of a hearing on an alcohol license had not been posted. In August, no one representing E & S Express attended the meeting, but excise officer April Tackett said the sign still hadn’t been posted, and it was tabled to the September hearing.
On Thursday, no one from E & S Express attended the board meeting.
Tackett said, “And just let the record state that no sign was posted for the hearing today. Also, let the record state that this is at least the fourth, maybe the fifth, time we have continued this permit.”
After the third continuance with a no-show, if the board wants to, she said the board can go ahead and vote on the transfer.
Board member Alan Alderfer asked if they could vote to approve or deny it, but really couldn’t approve it because E & S Express wasn’t following the rules. Tackett said that was correct.
Dan Woods, board member, made the motion to deny the transfer, and his motion was unanimously approved.
“Just so the board knows,” Tackett said, “The way transfers work, the alcohol permit that is already there, it expired and they had some issues. They renewed the old license, and they’re working on a manager’s questionnaire until this transfer would go into their name. So since the board recommended (to the state commissioners) to deny it – let’s just say hypothetically the commissioners uphold this and deny it as well – they still have a valid license just from the old owners.”
Woods asked how long could the new owners work under that. Tackett said there was no timeframe to work off a manager’s questionnaire, but every year the permit has to be renewed and “if the old owner doesn’t want to renew it or wants to resell it or whatever, then they’d be done with it.”
Board President Elim Smith said, “I thought they couldn’t sell anything because they didn’t post their sign.”
Tackett said they couldn’t sell any alcohol because “the old license expired and the new license hadn’t transferred, so they didn’t have a valid permit. They haven’t been able to be heard by the board for at least three months because they didn’t post the sign for the transfer.”
Woods asked, “Then at some point, the license they’re working under now – the manager’s – that will come before us to be renewed?” Tackett said it would.
“Then at that point, we could pretty much vote not to renew it and they would have to go to the state?” Woods asked.
Tackett said the board would have to have a legal reason to not renew the license. Woods said the legal reason would be that E & S hasn’t shown up to meetings to do their part, and “if they aren’t doing things that way, then why would we allow them to keep doing it under the old permit?” Tackett agreed, but said it would be at least six months before the board would see them back on the old permit.
Two other transfers then were scheduled to come before the board.
The beer and wine dealer grocery store permit for Kmart, Lake City Highway, Warsaw, was tabled to the October meeting because no representative of Transform KM LLC was present. Tackett also said no notice of Thursday’s hearing was posted at the business.
The other transfer was for a beer, wine and liquor restaurant permit for Wings Etc., Lake City Highway, Warsaw. The notice of hearing sign was posted, Tackett confirmed.
Owner Bryan Burcroff said he and his wife bought the restaurant/sports bar July 1. He said they also own the Wings Etc. in Huntington, which opened 12 years ago. A year ago, they opened their second restaurant in Wabash.
“The employment situation, the way it is, seems to be a little more difficult in Warsaw than it has been in our other two communities,” Burcroff said, which he guessed was the main driver for the former owner of Warsaw Wings Etc. to get out of the business. “Because we’re dealing with that right now.”
He said he and his wife are actively involved in the stores and are very engaged with their employees. At their other businesses, they are second-chance employers and work with the state and county to bring in convicted felons and give them another chance.
“I feel like we were doing that 12 years ago back in Huntington. Now they (the state) made it a formal plan because no one would hire a felon when unemployment was higher. As soon as unemployment drops to where it is, then all of a sudden everyone wants to hire them, so unfortunately that’s put more pressure on us,” Burcroff said.
The board unanimously approved the license transfer for Wings Etc.
Permit renewals approved by the board, with no remonstrators, included:
• Service Liquors East, Lake City Highway, Warsaw, package store, beer, wine and liquor.
• Freedom Express No. 1, West State Street, Etna Green, grocery store, beer and wine dealer.
• Freedom Express No. 6, South Main Street, Leesburg, grocery store, beer and wine dealer.
• Dollar General Store, West School Street, Leesburg, grocery store, beer and wine dealer.
• Warsaw Bowl, East Market Street, Warsaw, restaurant, beer, wine and liquor.
• Rua, East Market Street, Warsaw, restaurant, beer, wine and liquor.
• Louie’s Bar and Grill, East Bowser Road, Syracuse, restaurant, beer, wine and liquor.
• Anthology, East Center Street, Warsaw, riverfront, beer, wine and liquor.
• Wawasee Bowling Lanes, South Huntington Street, Syracuse, restaurant, beer, wine and liquor.
