Continuously serving Kosciusko County since 1854
Harrigan's Irish Pub, 209 S. Buffalo St., Warsaw, was denied a Sunday sales permit renewal Thursday.
Kosciusko County Alcoholic Beverage Commission unanimously denied the renewal because Harrigan's food sales do not meet the minimum required for a Sunday alcohol sales permit.
Total gross sales must be $100,000 annually with 50 percent being food sales. From July to December 1998, Harrigan's had $25,180 in alcohol sales and $25,500 in food sales, according to owner John T. Toma. However, the ABC did not have any proof by Toma to substantiate those figures.
Harrigan's originally had their hearing for Sunday sales permit renewal and beer, wine and liquor sales renewal in March. ABC approved the beer, wine and liquor sales renewal but continued the Sunday sales hearing until April because Toma wasn't present at the hearing and Indiana Excise Officer Patricia Fleck did not have any documentation.
In April, Toma did not show up again and the case was continued to May. Cases must be heard the third time.
"I have a problem because it's been three months I've asked for these records and I don't have them," Fleck said.
She also said she doubts the figures because "the kitchen is not put together," and the sink and gas range are not hooked up. She said she has received complaints of the exit doors being locked when people were in the facilities. Also, during an inspection, she noticed one-fourth of a plastic jug of milk was spoiled and cheese and meat wrapped in plastic were spoiled.
"You have to have enough food at all times to feed 25 people," Fleck said.
Toma asked Fleck when she inspected the premises. She told him 12:35 p.m. April 1, 1999.
"We were not open," Toma said. "We do not open until 3 p.m."
He also said, "We're not prepared to open full kitchen because business is flat lousy." The only food preparation area currently, he said, is behind the bar. "Our alcohol sales are so poor, it's not hard for our food sales to match them. I've tried to make it clear to all our employees, what few we have, that there has to be enough food to feed 25 people at all times."
Harrigan's was cited for not having a federal tax stamp and for low food sales.
Toma said he applied for a stamp in February but has not yet received it.
He said he did not have food sales documentation because his accountant, also a business partner, was very ill, Toma said. He said his accountant also didn't tabulate figures because during tax time, his accountant didn't have the time.
Toma may reapply for a Sunday sales permit if Harrigan's increases food sales and provides documented proof.
In other business, Neil Oswald asked the ABC for a 3A letter.
A 3A letter allows a business to sell alcoholic beverages before an actual sales permit is obtained. ABC denied the request.
Oswald will open a new restaurant at the south end of Lake Wawasee on CR 1000N, Syracuse. The restaurant, Porthole, is the same location as the previous restaurants OarHouse and Baywatch. Oswald bought Porthole in January and will open Monday at 11 a.m. without liquor sales.
Fleck told him he will receive his license as scheduled in June.
"It normally takes 60 to 90 days to get an application through," Fleck said, but due to computer problems, the process has been delayed.
Long said he was opposed to giving Oswald a 3A letter because "people are very concerned about alcohol in this day and age. They don't like decisions made lightly about (alcohol sales)."
Porthole will be open year- round.
Permit approvals Thursday included:
A retail beer, wine and liquor renewal license and Sunday sales renewal for Bud's Bar, Milford; a retail beer, wine and liquor renewal license for Veterans of Foreign Wars Post 1126, Warsaw; and a retail beer, wine and liquor renewal license for Lil's Anchor Bar, Syracuse.
ABC members include Gordon Vanator, Secretary Howard Long, and President Darwin Call.
