Continuously serving Kosciusko County since 1854
"Praise God!"
That was the reaction of a North Webster area resident Thursday after learning Stimmelators would not be selling alcohol on Sundays.
Helen Hoy's exclamtion came after Kosciusko County Alcoholic Beverage Commission President Darwin Call announced that Samuel Stimmel had withdrawn his petition for a Sunday retailer sales alcohol permit for Stimmelators, North Webster.
Since Stimmel withdrew the petition, the commission did not have to vote on it. The petition was continued from the ABC's October meeting after the board members requested more information from Stimmel and remonstrators.
If approved, the petition would have allowed Stimmelators to be open from noon Sundays to 12:30 a.m. Mondays.
Before Stimmel withdrew his petition, attorney Steve Snyder, representing the North Webster Church of God and "the community" against the petition, said the commission had to determine if the public was best served with the application of the permit.
According to Indiana Code, Snyder said, the commission may grant or refuse an application as it deems the community is best served.
Indiana Code also allows the commission to approve or deny the petition based on the applicant's characteristics, he said, such as conduct or esteem in the community.
Also, Snyder said, the ABC must decide if Stimmelators is violating the law in regard to what the dancers wear.
If the dancers wear less than the law allows, thus violating the penal code, Snyder said, the ABC cannot grant the petition.
Another Indiana Code requires the ABC to consider the location of the permit, the need of services and the impact of services on area businesses and the community in general. Stimmelators is 16 feet from a residential area in downtown North Webster, Snyder said, and asked if there was really a need for a "strip bar" in that location from noon Sundays to 12:30 a.m. Mondays.
"Another issue I think you have to consider is a zoning concern," said Snyder.
North Webster adopted the Kosciusko County zoning ordinances previously, which require sexually oriented businesses in a commercial area to be at least 500 feet from churches, school property or public parks. While Stimmelators does not meet that standard, the business was established before the ordinances were adopted, so it was grandfathered in.
However, if Stimmelators modifies or expands business, such as Sunday sales, Snyder said, Stimmel would have to get approval from the Kosciusko County Board of Zoning Appeals first or meet the 500-foot standard. If the ABC were to approve Stimmel's petition, he said, they would be encouraging Stimmel to break the county ordinance.
In defense of his petition, Stimmel presented a study to the ABC that he said proved there were no negative effects in Fort Wayne from clubs similar to Stimmelators. "It's a valid study," he said. The study also proved there were no negative effects on Fort Wayne property values because of the clubs.
At the September meeting, one one remonstrator said child molestation goes hand-in-hand with strip clubs. Stimmel said, "The clientele we have come to see adult women. We don't let children in."
As for the alleged nudity violations, Stimmel said, he and his staff and entertainers are meeting with the state Sunday to review any law changes. He said he constantly stays in touch with the state to make sure his club is following regulations.
Stimmel said if he doesn't get his license, he could accept that if "we can all live in harmony with what we have. ... I just want to be treated equally."
He said he tries to run his club as best as he can. "We try very hard to operate a straight-up business. We are legal," he said.
"I would like to work more with the community," said Stimmel. "Everything I do is of legitimate use. When I got a limousine, I was accused of running mobile prostitution. I don't appreciate that."
After public discussion was closed, excise officer Patricia Fleck asked Stimmel if he wanted to withdraw his petition.
He responded that he did have issues regarding the petition. To make it easier for everyone, he said, he would withdraw his application "at this time."
In other business, the ABC approved:
• Beer, wine and liquor and Sunday sales retailer renewals, Gilliam Lanes, Ind. 15, Warsaw.
Members of the ABC are Call, Fleck and Kenneth Johnson. Member Gordon Vanator was not present.
The ABC meets at 1 p.m. on the first Thursday of every month in the county courthouse.
