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Will Winona Lake get its first package liquor mart soon?
No-Rabb Inc. is going before the Kosciusko County Alcoholic Beverage Commission Thursday at 2 p.m. seeking approval for a new beer, wine and liquor dealer permit at 2303 E. Winona Ave., Winona Lake.
The number of alcohol permits in a city or town is based on population. Jason Nolin, No-Rabb Inc. president, said today the reason he wants to open a package mart in Winona Lake is "that was the only place within 60 miles of Warsaw that had one (package store permit) available," except one in Mentone. However, the location in Winona Lake will provide better visibility to his business.
On the west side of the parking lot of Dairy Queen in Winona Lake, Nolin said, the business will be on the outskirts of the town so it won't be in downtown Winona Lake where all the restoration is occurring.
"I felt like the closer to the edge of the town, the better," he said.
Hours of operation, if Nolin receives the permit, will be 10 a.m. to 9 p.m., Monday through Saturday. Nolin said there will be no late-night traffic.
The size of the store, he said, is yet undetermined but he wants to offer products people want. He believes that with a good selection of products, Winona Lake residents will not have to travel to Warsaw to buy their alcohol.
"There will be no on-premise consumption of alcohol," Nolin said and thus no drinking and driving and danger to Winona Lake residents.
Whether or not the local ABC approves the permit depends on who presents the most proof - the petitioner or those who oppose the petition.
According to Indiana ABC hearing officer Dan Steiner Thursday, "The level of proof is a call for the local board."
Those who don't want Winona Lake to have a package mart can present petitions or letters against the permit application. Those petitions and letters can be presented by neighbors, businesses and politicians who don't want the permit approved. Steiner said the remonstrators also can introduce evidence against Nolin.
And, Steiner said, Nolin also must show evidence there is support for the application, the permit is needed in the community and there is no over-abundance of permits in the community.
"Whether that is approved is a balancing process for the local board to decide," Steiner said. Both sides, he said, "have to present evidence which satisfies local board members."
Regardless of what evidence Nolin presents or what he says, he knows there will be remonstrators who still will not want the business in Winona Lake. "I realize I'm going to come up against (remonstration) but I feel like if it's going to happen,this is the best place for it to happen."
Nolin previously worked for Time Out Inc. for 8-1/2 years, the last 5-1/2 years being at The Downtown. In his years at The Downtown, Nolin said, they had fewer than a handful of incidents. "We ran a tight ship," he said.
"I do have experience in the industry," he said, though this will be the first time he's operated a package mart.
One of the questions the ABC will likely ask Nolin is if there is support for a package mart in Winona Lake.
"I would think that there would be support," he said. He said he's talked to some people in the community. "I've had some very positive support from people who live in Winona Lake. ... There's been support from business owners in Winona Lake, established people. I do plan on several of them voicing their opinion" either in person or by letter.
An enabling ordinance is not required for this or any dealer permit to be approved.
An enabling ordinance is a town's way of saying it approves of the sale of alcohol within city limits. The Indiana Alcoholic Beverage Commission requires cities and towns with populations of less than 5,000 to pass an enabling ordinance before an establishment in that city or town can sell liquor by the drink, Steiner said. The ordinance, however, is not required for package stores or clubs. Steiner said that as far as he knows, enabling ordinances were never required for package stores.
"For this type of permit," he said, "the enabling ordinance doesn't apply. ... It's a matter of statutory law."
He said the state received the application for the dealer permit between Dec. 22 and Jan. 8. The process to get a permit to sell alcohol, he said, is "a very complicated process. We're streamlining it" and they don't understand how the process got so complicated in the first place.
Regardless of which side wins at the local ABC meeting Thursday, the decision can be appealed.
"Typically, I'm the one who hears (an appeal)," Steiner said. Therefore, he said, he tries not to get involved in the case early on but can answer general questions about the process.
A dealer permit allows the permit holder to sell alcohol for carry-out. A retailer permit authorizes the permittee to sell alcohol on premises. A club is not considered a retailer, Steiner said.
