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About three years ago the local alcoholic beverage board adopted a policy of denying alcoholic beverage permit renewals if the holder has three gambling-related violations.
Board members Gordon Vanator, Ken Johnson and Elim Smith call it their "three strikes and you're out" policy.
The permit for Bud's Bar was benched Thursday when the men unanimously voted to deny renewing the alcohol license for the Milford establishment.
The act is a recommendation to the state commission. The state board has the final word after a hearing on the matter is complete.
Crystal Wyatt appeared before the board as power of attorney for her father and permit holder, Gary Whetten. Wyatt said her father was in Florida.
Excise officers found gambling machines, which are illegal in Indiana, on three different occasions: May 2005, September 2005 and April 2006.
Whetten has appeared before the state commission and paid $1,750 in related fines. The state board also is suspending the bar for five days. During the suspension no alcohol may be served at Bud's Bar. The state will determine the days of suspension.
Vanator also chided Whetten for his absence.
"I have a problem with the man who left you alone to face us," he said to Wyatt.
"I recommend a suspension concurrent with our policy. You can go to the state and they will probably overturn us. You can operate until then. It's up to state policy."
Three men from the North Webster American Legion Post 253 also appeared before the board.
Jon Sroufe introduced the new Post Commander Tom Jones Sr. and member Willy Mowrey.
In a public apology to excise officer John Barchak, Sroufe said he understood there was a "gross mistreatment of you and other officers and we do apologize."
Gambling machines were found inside the establishment over a two-month span last year. On the second occurrence the machine's operating mechanisms were supposedly removed. Penalties are still assigned to the device's presence in a building, whether it is operational or not.
When excise officers inspected the Legion, the legality of their presence was challenged.
"The former commander, David Welker, and others involved in the gambling machine incident are no longer holding offices," Sroufe said, referring to the June 3 reorganization. "We got rid of both attorneys. We're here to eat humble pie."
"The issue was, do you know the laws?" Barchak said. "He (the former commander) said yes. Then he said he didn't think we could enforce the gambling laws. He was also under the presumption, or assumption, that we couldn't come on the premises."
"What bothers this board is that John Barchak is our representative," Vanator said. "He reported the incident to us. He said the Post went as far as calling in the local police, which put that (local) officer in a terrible position."
Barchak suggested the people who are upset with the gambling laws channel their energy in a positive way and lobby their legislators to make the gambling machines legal.
The board approved renewal of the Post's alcoholic beverage permit with the caution that they have two strikes, out of three, against them.
The board also:
• Approved a beer, wine and liquor permit transfer of ownership from Lakeland Golfers' Association to Bogey's Steak House LLC, 1700 Rozella Road, Warsaw doing business as Bogey's Steak House. Bogey's is at the Rozella Ford Golf Course.
• Approved a beer, wine and liquor permit renewal for Kroger Limited Partnership, 2211 E. Center St., Warsaw doing business as Owens.
• Continued the hearing for a new beer and wine new license for PHI Corp, 2242 N. Ind. 15, Warsaw, doing business as Lakehaven Brewing Co., Jeffrey Alan Burkhart, 1151 S. Summer Breeze Court, Warsaw, president; Hannah Rose Railey, 318 E. High Circle Drive, Warsaw, secretary.
• Heard the District 2 Indiana State Excise Police office has moved from Roanoke to Columbia City at 1353 S. Governors Drive. The telephone number is 260-244-4285.
