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Remonstrators against a set of permits before the Kosciusko County Alcoholic Beverage Commission Thursday said they didn't want any more businesses in downtown Warsaw that sold alcohol.
But the ABC approved the beer and wine and Sunday sales retailer permits for Cancun, 219 E. Center St., Warsaw, anyway, noting that they will keep a close eye on the business.
Carlos Solorzano, business owner, said he's expanding his bakery business into a family restaurant, serving breakfast, lunch and dinner.
Willard Brandt, landlord of the building, said the expansion of Solorzano's business will increase the square footage of the restaurant by 3,000 square feet. Approximately half of that will be for dining purposes. Solorzano said seating capacity will be about 50 people.
It will be a restaurant, not a tavern, said Solorzano's agent, Ross Portolese. Hours will be 9 a.m. to 9 p.m. The permit requires Solorzano to gross $100,000 in food sales annually, he said, and there will be no carry-out alcohol sales.
The business, according to Indiana excise officer Patty Fleck, is 235 feet from the First United Methodist Church. By law, an alcohol business must be at least 200 feet from a church. "I wanted to make sure the board was aware of that."
One concern for ABC member Gordon Vanator was parking. When he asked where the cars for the restaurant were going to park, Brandt said there is some parking behind the business. Also, he said, Solorzano may attempt to lease parking spaces nearby.
Many downtown businesses with alcohol sales, Fleck said, have a majority of walk-ins. Solorzano agreed, saying many of his customers were from local businesses such as Lake City Bank and Sprint.
A downtown property investor, Jerry Opperud, asked at what point is enough alcohol businesses in downtown Warsaw enough. He said Warsaw is trying to revitalize its downtown and a recent study said an increase of restaurants downtown might be the way for the city to go. However, if all the new restaurants want alcohol sales, he asked, where does it stop.
Darwin Call, ABC chairman, said Opperud probably thinks the commission has more power than it does. If a permittee meets the legal requirements for a license, it comes before the local ABC. The reasons for denying such a permit are somewhat limited, he said, as long as the permittee has upstanding character, has no criminal history and the property is correctly zoned.
"Our hands are kind of tied," he said. "... You're giving the board way too much authority."
Portolese said "every town has a different quota" of permits. Unfortunately, he said, there is no law saying a tavern can't be placed next to another tavern.
Fleck said as long as the city or town hasn't run out of their allowed number of permits, the state can continue to issue them. The number of the various permits is determined for each municipality according to the census taken every 10 years.
Brandt said they all had a common interest in trying to revitalize the downtown and Solorzano's business is one more business to help do that. Understanding the sensitivity related to alcohol businesses, Brandt said, Solorzano is going to have a very controlled environment. The beer and wine sales are going to supplement the meals, not replace them.
Fleck added that the permit has to be renewed after a year. During that year, the business can be monitored and Solorzano can show how much control he has over his business.
Carmen Lock, executive director of Warsaw Community Development Corp., said one of the main concerns of the WCDC is what the business is going to do to the downtown and another is the parking problem Warsaw has. While a family restaurant is needed, she said, the downtown doesn't need another alcohol business.
"I don't believe parking is an issue whatsoever," said Call.
Vanator then questioned whether Solorzano is a legal citizen of the country.
"I am a citizen," Solorzano replied. Portolese also said Solorzano was a citizen but Portolese answered the question on the application incorrectly, which triggered Vanator to question Solorzano's citizenry.
Vanator said he has qualms about another beer and wine permit in downtown Warsaw. Already, at least four businesses downtown have alcohol sales.
"I think ... your clientele is going to be mostly Spanish American. They tend to group around, stand around," he said. After the Hispanics eat and drink at Cancun, then what are they going to do, he asked. Will they stand and hang around outside the restaurant?
The business is a family restaurant, Solorzano said. His customers are not just Mexicans but people from all of the downtown businesses, he said.
If Solorzano runs the business as he proposes, ABC member Kenneth Johnson said he doesn't see a problem with it. He voted in favor of approving the business as did Call, Vanator and Fleck.
"We'll watch very closely," said Vanator.
Fleck thanked everyone for their input and said it is very important for the board to know how the community feels. She said they will be watching the business closely because of the concerns the remonstrators raised.
Members of the ABC are Fleck, Call, Vanator and Johnson. They meet at 1 p.m. on the first Thursday of every month in the county courthouse, Warsaw.
