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Finding “no need for services at the proposed location,” the Kosciusko Alcohol Tobacco Commission (ATC) on Thursday unanimously denied Robert T. Carter’s application for a new beer retailer license at 206 W. Monroe St., Mentone.
It was the fourth hearing on the license application since Carter first appeared before the county’s ATC in March.
Excise officer April Tackett tabled the application in March to the April 2 meeting for further investigation. At the April 2 meeting, the Kosciusko ATC approved a favorable recommendation to the Indiana ATC for Carter’s application after all their questions were answered and there were no remonstrators against it.
However, at their April hearing the Indiana ATC remanded Carter’s application back to the county with questions and citing concerns from remonstrators.
At Thursday’s hearing, Tackett asked Carter to give the board a quick explanation of the permit request.
“The scope of it hasn’t changed. From the first meeting we had, it’s a low-key bar,” Carter said, stating he would be the only bar’s employee. He would run it when he retires. He currently owns and operates the Bulldog Saloon.
Tackett said the local board was hearing it again because it got remanded to them from the state. Carter said he went to the state’s hearing and it seemed to him that they didn’t have the information from the April meeting regarding septic and permits.
Tackett kept to the questions from the state ATC.
The state wanted clear documentation of whether Carter was ever convicted of a felony or a misdemeanor. “So when I looked up on Doxpop, there is one misdemeanor conviction. Is that correct?” Tackett asked.
Carter said it was correct. Tackett said the charge was in 2012 and the disposition of the case was in 2014, and Carter said that sounded about right.
“So, this would have been a C misdemeanor of guilty,” Tackett said. “... This C misdemeanor does not necessarily disqualify an owner for the permit. They just had questions regarding the documentation of it. So that’s it for that part.”
Carter said he believed that was for operating a motor vehicle while intoxicated.
Tackett then read from the state ATC information that an additional local board hearing would allow local remonstrators to speak and the state commission had received several correspondence from remonstrators. Two letters were forwarded to Tackett and she read them aloud.
The first one, from Monica Mullins, read, in part, “My primary concern is the location’s proximity to a youth league facility that is regularly used by children and families. I believe it is important to carefully consider the impact that an alcohol permit at this location could have on the surrounding area and the family-oriented environment that many residents value.”
She also was concerned about the concentration of alcohol permits within a community of Mentone’s size. She stated many residents have concerns about Carter’s application and its potential effect on the character of the town.
The next remonstrance letter came from Justin Hill. In part, it said, “This location he wants to open a bar at is close to the baseball fields in Mentone. Also at the baseball fields are a playground that kids play at, even when it’s not ball season. This area of town does not have sidewalks, so kids that are in that area are usually walking on the road. I am very concerned that someone leaving the bar could strike a kid and hurt them or worse.”
Hill also brought up Carter’s “criminal history” for an OWI “and it concerns me that he will not know when to cut people off and will allow people to leave more inebriated than they should be to drive.” Tackett reiterated Carter only has one misdemeanor conviction.
Hill’s letter said the location was not a good one at all, and referred to Carter’s “history of holding liquor licenses and not using it, as well as his opposition to the Pug Pub makes me believe he is mostly doing this to control all of the license in town and create a monopoly, as well as to prevent anyone else from opening a restaurant that would compete with his current one, the Bulldog Saloon. He also works alongside the owners of the BBQ on Broadway, which has its own liquor license.”
ATC President Alan Alderfer asked what the approximate distance was from the baseball field to the location of Carter’s proposed bar. Carter said he didn’t see his business as being a “threat” to the baseball field, and estimated the distance at 450 feet. Tackett said the only distance rule is in regards to a bar’s distance from a church or school, though the board could still take that into consideration.
Carter said he’s been in the bar business for 27 years and he knows when to cut someone off from drinking. He said, and Tackett agreed, that the Bulldog Saloon has not had any violations for not cutting people off from drinking too much.
Tackett then brought up the Indiana ATC’s mention of Carter’s history of holding permits in escrow for long periods of time and not using the permits. “Questions that need to be addressed are: When will this business open?”
Carter said with all the work he needs to do, about 18 months, but was shooting for 12 months.
He said there’s a well there for water, and the building already had electricity, but they need to put in septic. He has a quote from the town of what it would take to install that. Carter said he hasn’t hired any contractors, but did get the permit from the town to do the construction in the building.
Tackett asked, “So from the time you originally filed for this new application for a beer permit, until today, what has been done at this place?”
Carter said some cleanup has been done outside, and he’s just been getting numbers together for what it’ll take to get the building done.
Jaron Bubb remonstrated against Carter’s application “solely off the fact that they’re scared of competition, it seems like. They posted nasty things on Facebook, from their actual business page, about not only my restaurant, but also my family, and three liquor licenses within one family is kind of ridiculous not only to myself but a lot of people in the community. We don’t believe that a single family should hold three liquor licenses, especially in a small town as Mentone,” he said.
Tackett pointed out the Kosciusko ATC had some opposition to Carter’s application this time from community members saying the community does not desire any more alcohol establishments. She said she doesn’t see any forward movement with anything at 206 W. Monroe St.
“We have escrow rules that say two years, five years, everybody knows that. We’ve talked about it. It’s just a matter of going by the handbook,” she said.
For a new permit application, there are a few legal reasons it can be denied: The applicant does not maintain a high and fine reputation in the community; there is no need for services of the applicant at the proposed location; the neighborhood and/or community does not desire the services; the services at the proposed location would have a negative impact on other businesses in the neighborhood, as well as a negative impact on the neighborhood in general; the permit premise is within 200 feet of a church or school; the permit premise is in a residential area referred to in a statute.
With no questions from the rest of the board, Tackett said, “Hearing the answers that the ATC Commissioners wanted answered, and the two emails and the other remonstration and the permittee not doing anything at the location to even get started with a business, I am going to make a motion that the permit is denied because there is no need for services at that proposed location.”
Commission member Mike Hall seconded the motion and it passed 3-0. Member Dan Woods was absent.
Tackett said that was a recommendation to the state commissioners, who will meet June 16. She said she didn’t know if they will make the final decision then or if they will take it under advisement. Carter asked if the state commissioners would let him talk at that meeting, and Tackett said they will not. It’s an open door meeting, but they don’t have discussion at those meetings.
She informed Carter they denied his application at the local level, and the state commissioners will make the final approval or denial. If the state commissioners were to deny it, Carter can appeal their decision and that is when he could go down to Indianapolis and speak in front of them.
Carter asked Tackett for the reason for Thursday’s denial of his application.
“My reason for denial is there is no need for the services at the proposed location. The proposed location still has nothing. You don’t even know if you’re using that building,” she said.
When Carter continued to comment on the application, Tackett said a decision has been made and she wasn’t going to debate it.
