Stimmel Permit Decision Likely

On two conditions, the Indiana Alcoholic Beverage Commission approved the renewal of Stimmelators Gentleman's Club's beer, wine and liquor retailer permit this week.

According to a copy of the transcribed minutes from the commission's meeting provided by the Indiana ABC this morning, the renewal was approved "on the condition of the transfer (of the permit) and that he (Sam Stimmel) have no activity or no involvement in the permit, unless he would be cleared from what is going on in Texas right now with the law."

At the 1 p.m. Kosciusko Alcoholic Beverage Commission meeting scheduled for today, a hearing was set for the beer, wine and liquor retailer permit transfer of stock from Sam to his daughter Tracy Stimmel.

Stimmelators is at 114 E. Washington St., North Webster.

At the November Kosciusko ABC meeting, a tie vote of 2-2 was reached by the board on the renewal of Stimmelators Gentleman's Club's beer, wine and liquor retailer permit.

The fate of Stimmel's Indiana permit came into question in October after Indiana Excise Officer Sgt. Greg Wiese questioned Stimmel about an alcohol license permit he applied for in Victoria County, Texas, in September 2003. To apply for an alcohol permit in Texas, an applicant must be a resident of the state for at least one year prior to applying for the license. Stimmel, on his application, provided a Texas address. Stimmel admitted at the October meeting he gave false information to Texas and is a Hoosier.

Stimmel bought a bar in Texas about three years ago so he could retire in Texas. He found a manager and put the alcohol license in the manager's name, who then quit in 2003. Stimmel said money was extorted from him and he spent money to keep the Texas bar open. When the license came up for renewal, Stimmel said, he had no one in Texas to apply for the alcohol license so he put it in his name. He did get a Texas driver's license and registered to vote there, but Stimmel said he didn't think that made him a Texas resident.

He has since closed the Texas establishment and is trying to sell it.

At the November meeting, attorney Steve Snyder, representing Tracy Stimmel, told the ABC that Tracy has been learning the business for the past several years to buy the club from Sam. It was decided the best way to purchase the club was through a stock purchase. On Nov. 3, Snyder said, Tracy applied for a transfer of stock of the business subject to the renewal of Stimmelator's license.

Under Indiana Code, a reason for recommending a permit not be renewed includes "the applicant does not maintain a high and fine reputation, and is not of good moral character and good repute in the community in which he or she resides."

Indiana Code also states that "in no case shall a liquor retailer's permit be issued or stand unrevoked if the owner, manager or management of the establishment is not a person of strict integrity and high repute" and "in determining an applicant's or permitee's eligibility to hold, renew or continue to hold a permit, particularly whether the applicant is of good moral character and of good repute, the commission shall consider whether acts or conduct of the applicant, permittee or his employees or his agent would constitute action or conduct prohibited by the Indiana Penal Code, or a criminal offense under the laws of the United States." The commission also may weight the esteem in which the person is held by the community and assessment of his character as may be inferred by reports and records.

Wiese said Sam Stimmel's actions in Texas are the same as a Class C felony in Indiana, which would disqualify him from holding an Indiana license if convicted.

"There's been no conviction of a felony," Snyder said, and won't be until the legal proceedings in Texas are complete. Without a conviction, there's nothing to disqualify Sam from having his license renewed. Snyder said what Sam did in Texas was a "very poor business decision," but not a morality decision.

Stimmelators has had only three violations in the past 17 years.