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Mouths dropped open in surprise when Indiana Excise Officer Patty Fleck told Jason Nolin, at the Kosciusko County Alcoholic Beverage Commission meeting Thursday, that Class D Felony charges may be filed against him with the county prosecutor next week and a warrant may be issued for his arrest.
On Nolin's application for a new beer, wine and liquor permit for a package mart at 2302 E. Winona Ave., Winona Lake, Nolin answered "no" to a question regarding whether he had ever been arrested on a misdemeanor charge. However, he was charged with operating a motor vehicle while intoxicated in 1993.
Fleck said a felony charge of filing a false application could be reduced to a misdemeanor during legal proceedings.
Nolin told Fleck attorney Vern Landis filled out the application for him. But, Fleck said, at the beginning of the meeting when she read Nolin the questions and asked if he had filled out the application, he said he had. The application does not indicate that an attorney completed it, she said.
Jay Rigdon, Nolin's attorney at the meeting, told the board, "This is the first I heard of this."
ABC member Gordon Vanator said he wanted to table the permit until the "legal ramifications are worked out."
ABC president Darwin Call agreed. "I think we need to continue it," he said.
Fleck tabled any decision on the application until April 5 at 2 p.m. After tabling their decision and closing the meeting, Fleck would not further comment on the case and the board was advised not to discuss the case with anyone.
If Nolin is convicted of a Class D felony of falsifying the application, any chances of him getting the permit in Winona Lake will likely be dashed. Nolin also recently purchased a carry-out store in Goshen.
Nolin is a 60 percent stock owner of No-Rabb Inc., the company seeking the permit. His grandmother owns the rest of the company stock. At the beginning of the hearing, Nolin told the ABC he was proposing to put up a new building at the location for a carry-out liquor store. It would be on the outskirts of Winona Lake and not downtown where the restoration project is occurring or near churches, schools or Grace College.
The hours of the business would be 10 a.m. to 9 p.m. so there would be no late-night traffic increase. There also would be no on-premise consumption of alcohol.
Rigdon said there were "lots of things that speak in favor" of the site as an appropriate place for the business. Parking is available. It's in an area already commercially developed and not in a residential section. It's not a common pedestrian area and would provide a new tax base to the town.
"He has a great knowledge of those (alcohol laws) and how they are enforced," Rigdon said.
There are already three other establishments in Winona Lake that sell alcohol, one of which Rigdon said was carry-out.
He then presented 10 letters of support for the application including ones from Dane Miller, Scott Lennox, Alan Alderfer, John W. Petro and six others.
There were more than 30 remonstrators against the petition included representatives of Grace College, churches and retired senior citizens, though not all of them spoke.
Douglas Vogel, pastor of Winona Lake Free Methodist Church, presented a petition with more than 800 signatures against the application, more than half from Grace College students.
He said some of the reasons he was against the petition included location, traffic, an increase in alcohol-related arrests in Winona Lake and the fact that there are enough places near Winona Lake for alcohol to be purchased without one in Winona Lake.
"There's a number of people here who are against this, against the presence of alcohol and what it can do to families," said Vogel.
Peter Albertson said he was opposed because "we do not need another alcohol (establishment) in the county."
Because the business would be next to Dairy Queen, Dave Halyaman said, he opposed the location of the business. Dairy Queen, he said, is a place where young people congregate and they would have to "mingle with people who have alcohol in their possession." The business also would be located next to the 24-Hour Club where people are trying to recover from addiction.
"It seems," said Halyaman, "not only does it present an undue temptation but also a waste of people's money."
Jane Nolin, Jason's mother and co-owner of Dairy Queen, spoke in favor of her son's application for a permit and said, "There's personal responsibility that goes with everything. If (someone) picks up a gun and shoots someone, they're responsible," she said.
Tom Clemens, Nolin's former employer, also spoke in favor of Nolin's application. He said there will eventually be a package liquor store in the town and if there is, the person might as well be someone responsible like Nolin who will run the business professionally.
Winona Lake Town Councilman Rolly Ortega said the location was not ideal for a package liquor store as it is an area the town is "trying to clean up now." He said pedestrian traffic will increase in the area because of a greenway project that will go in there.
When asked by Rigdon where would be a good location for a package liquor store in Winona Lake, Ortega said he didn't see "anything like that going in Winona Lake" and he could not offer another location.
Nancy McGinness said she was opposed to the business because people who purchase alcohol will have guns and that scares her.
Jim Swanson, Grace College dean of students, speaking on behalf of the Grace College administration, he said, questioned whether another liquor outlet was needed. "What's the advantage to it? Is it going to be cheaper?"
He said placing a liquor store by Dairy Queen sent a "double message" to children. On one hand, children are told not to drink. But if they allowed the liquor store in Winona Lake, it would be sending a different message.
State Rep. Dave Wolkins, speaking only as a 40-year Winona Lake resident, said, "I don't think there is a need for another one."
ABC President Darwin Call read remonstrators a list of reasons why the commission may vote against an application, including: the applicant doesn't hold a fine reputation in the community; services aren't needed; community doesn't want it; it has an adverse effect on the community; it's too close in proximity to a church or school; facts were not all disclosed regarding the permit, the application or the applicant; or it's in a residential location.
"It's important (to have) input," Call said.
Fleck said the permit is a privilege given by the state.
