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By a vote of 3 to 1 Thursday, the Kosciusko County Alcoholic Beverage Commission denied Speedway Superamerica's petition for a new beer and wine dealer permit for a grocery store.
The business, which sells gasoline, is at 823 E. Winona Ave., Warsaw.
Board president Gordon Vanator said he voted against the permit because "I just have a problem with where do we say 'no' on licenses in this community."
Kenneth Johnson, board secretary, was the only board member who voted in favor of the permit. He said he did so because the applicants are sincere when they said they would police the beer sales very carefully and they have a right to be competitive.
Alcohol and gas sales do not mix, said new board member Elim Smith, and he voted to deny the permit.
Excise Officer Patricia Fleck said that while she was very impressed with the presentation by the applicants, the character of the business is not a grocery store as the applicants made it out to be. It's more of a soft drink and candy store and, therefore, she had to vote to deny the application.
The denial can be appealed through the state alcohol commission, Fleck said. If at some point the business changes and puts more products in the business that would make it more of a grocery store, she would consider approving an alcohol sales permit for the store.
Speedway Superamerica Division Coordinator Alex Chakonas, in his presentation to the board, said there are a number of Speedways in northern Indiana that sell warm beer. Speedway believes Warsaw is a good town to do business in and the corporation takes the privilege of alcohol sales very seriously.
"We love doing business in this town and want to continue to do so," Chakonas said, but to do that, the business must be on the same level playing field as their competitors.
Speedway teaches their employees about the "hows" of alcohol and tobacco sales, and all their cashiers are at least 21 years old. Chakonas said the company's registers are very unique in that the registers prompt cashiers to check for identification of people buying alcohol. Registers are programmed to allow alcohol sales only during permitted times.
Also, he said, "We have signage everywhere" that the company asks for identification so there are no surprises.
Speedway also does their own checks, reviews surveillance tapes and monitors the grounds for loitering and trash. Chakonas said employees watch closely for intoxicated drivers, who they will then refuse to sell alcohol to and then will contact local law enforcement about the drunk driver.
The business is more than 300 feet from Lakeview Middle School. Law requires at least 200 feet from a school and Fleck said the business does meet that guideline.
However, the board expressed concern about having a lot of student traffic in the business where there also would be alcohol sales.
"You've got my word on that, that we will absolutely monitor that situation," Chakonas said.
Fleck then told the Speedway representatives that the business did not appear to meet the grocery store guidelines. Most of the items they sold, she said, appeared to be candy, gum, snacks, soft drinks, oil and gasoline.
Chakonas said that in the corporation's mind, they are a minimized grocery store - more of a ma-and-pa kind of store.
Representatives of Speedway did not state whether or not they will appeal the decision to the state commission. Previously, Village Pantry, South Buffalo Street, was denied a license by the local ABC but appealed the denial and was granted a license by the state commission.
For its violations, Warsaw Bowl, East Market Street, Warsaw, had to pay a $500 fine. The violations included public nuisance, professional gambling and possession of gambling devices.
However, the ABC did approve Warsaw Bowl's beer, wine and liquor and Sunday sales retailer permits Thursday.
According to the violation report, when the excise officer was citing managers Carrie A. and John Hersha for the violations earlier this year, John Hersha got very angry with the excise officer and said that clubs - such as the Elks and American Legion posts - get away with it all the time while businesses such as Warsaw Bowl don't.
Fleck told Carrie at Thursday's meeting, "In my book, there's no excuse for this kind of attitude." If it happens again, Fleck said, she couldn't guarantee the permits will be renewed.
The Hershas are the Warsaw Bowl owners-to-be, according to Fleck.
Also, the ABC approved the transfer of ownership for Claypool Inn's beer, wine and liquor retailer permit and approved a new beer, wine and liquor dealer permit for Mentone Party Pack, West Main Street, Mentone.
In other business, the ABC approved the following permit renewals:
• Liquid Assets, East Center Street, Warsaw, beer, wine and liquor dealer;
• Spike's, East Main Street, Warsaw, beer, wine and liquor retailer;
• Pizza Hut, Lake Village Shopping Center, U.S. 30E, Warsaw, beer and wine and Sunday sales retailer;
• American Legion Post 49, North Buffalo Street, Warsaw, beer, wine and liquor and Sunday sales retailer;
• Service Liquors, Lake City Highway, Warsaw, beer, wine and liquor dealer;
• Mentone Tavern, Main Street, Warsaw, beer and wine retailer;
• Milford Party Pack, North Higbee Street, Milford, beer, wine and liquor dealer;
• Nana's Broadway, South Broadway Street, Mentone, beer, wine and liquor retailer;
• CVS Pharmacy, Ind. 13S, North Webster, beer, wine and liquor dealer;
• CVS Pharmacy, East Pickwick Drive, Syracuse, beer, wine and liquor dealer;
• The Keg, West Van Buren Street, Leesburg, beer and wine and Sunday sales retailer.
Members of the ABC are president Gordon Vanator, secretary Kenneth Johnson and Elim Smith. Smith replaces Darwin Call, who resigned from the board. The ABC meets at 1 p.m. in the county courthouse, Warsaw, on the first Thursday of every month.
