Board's Vote Of Conscious Doesn't Hold Water

A recent decision by the Kosciusko County Alcoholic Beverage Commission is a good case study in how local boards overstep their authority.

The board voted 3-1 to deny a request by Village Pantry for a permit to sell beer and wine at its new store at the corner of West Winona Avenue and South Buffalo Street.

While their reasons for denying the permit might be perfectly logical, there was no legal basis for their decision.

And if Village Pantry appeals the decision before the state ABC, they almost certainly will prevail and get their permit anyway.

In fact, the local excise officer voted in favor of the permit.

Board members cited their displeasure with the fact that alcohol and gasoline would be sold at the same location.

Frankly, I tend to agree with them. Intuitively, the sale of booze and gas at the same place just doesn't seem to mix.

Even though the beer and wine would be warm and nobody drinks warm beer, it still seems odd.

Secondly, the board questioned the need for a permit at Village Pantry when the Marsh store right across the parking lot already has a permit.

That one gets a little thin with me. Why would the local ABC want to tell Marsh and Village Pantry how to do business? Marsh and Village Pantry are operated by the same company. There are Village Pantry stores and Marsh stores near each other in other areas. I am confident management understands the market conditions and sales potential for beer and wine in those situations.

If they didn't think Village Pantry could profit from a permit, they wouldn't apply for one.

Which brings me to the larger issue here.

Neither of the reasons cited by the board in denying Village Pantry's permit request have anything to do with the law.

The board had absolutely no legal reason to deny a permit. Village Pantry met all the legal requirements and the permit was available.

Really, the local board had no choice in the matter. The permit should have been approved.

That's why the excise officer voted to approve it.

What the local board did was legislate. And that simply is not their function.

Their function is to make sure the laws regarding alcoholic beverages are followed. No matter how much they'd like to, they don't get to make the laws.

But, in effect, that is exactly what they did. They changed the law regarding booze permits in our county.

They refused to allow booze and gas to be sold at the same location.

That is very noble of them. And I am sure their motives are pure. They want to save lives.

But if they really want to do it right, they need to talk to a state lawmaker and have him introduce legislation that precludes the sale of booze at mini marts.

If it passes, then they can legally deny those types of permits.

As it stands, all they are really doing is inconveniencing businesses who seek permits.

If Village Pantry wants a permit they'll have to go through the added expense and hassle of a hearing in Indianapolis.

This has already happened once. A mini-mart owner sought a beer and wine permit. The local board denied it. The mini-mart owner had a hearing in Indianapolis and it was approved.

The local board knows this. I guess they hope people who seek permits will get frustrated and give up.

But that's not the law.

The ABC isn't the only board that legislates.

Other boards do it, too.

Several years ago, I personally witnessed the county commissioners ignore the legal merits of a case and make a decision based on how many people showed up to whine.

I think local boards need to bone up on the laws they are charged with upholding and administering.

And then uphold and administer them without overstepping their authority.