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WINONA LAKE - Whether alcohol will be sold in Winona Lake is not an issue for the town council, residents were told Tuesday.
"The town of Winona Lake has no authority to regulate the sale of alcohol in Winona Lake," said town council president Brent Wilcoxson.
Wilcoxson also is involved with Dane Miller in Winona Restoration Partners, which is building a tourist-oriented historical development in Winona Lake. Plans for the development include a lakeside restaurant that developers say may sell alcoholic beverages.
Winona Restoration Partners also is restoring the Winona Hotel and has mentioned the possibility of alcoholic drinks being sold in its dining room.
Approximately 75 people were present at Tuesday's town council meeting for the discussion on alcohol sales.
Resident Barbara Oakley told the council that 250 signatures opposing the sale of alcohol in the historically dry town have been collected on petitions.
Town attorney James Walmer said the 21st Amendment to the U.S. Constitution that repealed Prohibition gave authority to the states to regulate alcohol sales and took it away from local municipalities. However, he said, the Indiana Alcoholic Beverage Commission requires cities and towns with populations of less than 5,000 to pass an "enabling ordinance" before an establishment in that city or town can sell liquor by the drink.
An enabling ordinance is the town's way of saying it approves of the sale of alcohol within city limits, he said. Without passage of the enabling ordinance, the establishment may sell beer and wine but not liquor, Walmer said.
"The town is expressly prohibited from passing an ordinance regulating the sale of alcohol except for the enabling ordinance," he said.
Wilcoxson said the issue is one for Winona Restorations and not for the town council.
"There is no ordinance in front of the town council, nor is there one contemplated that would fulfill the enabling act," he said.
In response to a resident's question on whether Winona Restoration Partners intended to apply for a liquor license with the ABC in the future, Wilcoxson said, "I don't intend for anything."
He said that while Winona Restoration Partners plans to build the restaurant, it would be operated by someone else, who would be the party to make application to the ABC for a permit.
Wilcoxson also offered to meet privately with any groups or with churches "that have Winona Lake in their name" to discuss the issue.
"But that's a personal issue and I don't think we should take council time for that," he said.
The town council also:
• Agreed to vacate a public alley east of the street department building for private use;
• Approved asking the state tax commissioners for a town tax rate of $2.55, which is 17 cents less than the current tax rate;
• Asked Walmer to notify the owners of Merrywood Mobile Home Park that they have until Nov. 30 to fix the water infiltration problem in the sewer lines. The council also directed Walmer to file suit against the owners for $17,000 in back sewage payments still owed the town;
• Set Halloween hours for 6 to 7:30 p.m. Oct. 31.
The town council will meet next at 7:30 a.m. Oct. 28 in the community building.
