Watchdog Indiana Home Page
Watchdog Lebanon Home Page
Boone County Alcoholic Beverage Board
Watchdog Indiana Home Page
Watchdog Lebanon Home Page
February 1, 2017, Boone County Alcoholic Beverage Board Meeting Agenda
The next meeting of the Boone County Alcoholic Beverage Board will be at 10:30 AM on Wednesday February 1 in the Lebanon Municipal Building. The agenda for this February 1 meeting can be accessed online through the Indiana Alcohol & Tobacco Commission web page at http://www.in.gov/atc/2760.htm.
January 4, 2017, Boone County Alcoholic Beverage Board Meeting Results
Board members in attendance were Jeremiah Gillam (Indiana State Excise Police Officer), Aaron Smith, and Bill Sutton. Matt Drury was absent.
The Board meeting started at 10:39 AM. There were no remonstrators present.
The alcohol permits for the following establishments were unanimously renewed for two years because there were no alcohol violations since the permits were last renewed or issued: GetGo (Zionsville), Greek's Pizzeria (Zionsville), Noble Order Brewing Company (Zionsville), Stookey's Restaurant (Thorntown).
The Beer Wine & Liquor Restaurant permit renewal for Stats Bar & Grill (100 S. Smith Street in Lebanon) was again continued ( to the February 1 meeting) because the owner was not present to explain the 01/08/2016 violation for furnishing alcohol to a minor (there was also another violation for furnishing alcohol to a minor on 01/16/2014).
The new application for a Beer & Wine Retailer Restaurant permit for Domres Holdings Inc. (location pending in Zionsville) was continued to the February 1 meeting because the owner (Carey Frederick Domres, President) did not appear at this meeting.
The new application for a Beer & Wine Retailer Restaurant permit for The Flying Cupcake (95 E. Pine Street in Zionsville) was continued to the February 1 meeting at the request of the owner.
A new application for a Beer & Wine Retailer Restaurant permit was approved 4-0 for a People's Public House & Brewery restaurant in Lebanon at 111 West Main Street (in the prior Bijou restaurant location). Brett Vanderplaats, Secretary, was present at the meeting. A signed affidavits was provided that the new application sign was properly posted for 10 days at the People's Public House & Brewery restaurant premises in Lebanon. Mr. Vanderplaats indicated that a People's Brewing Company location in Lafayette has been open for six years. The Lebanon location's barroom will open the first of November, and the hours of operation will be 11:30 AM to 10:00 PM Monday through Thursday and 11:30 AM to Midnight Friday and Saturday. Restaurant kitchen operations will start the first of December. The 21-and-over barroom will be separated from the under-21 family room with movable barriers that have opening that are five-feet wide. People's Beer and other Indiana beers will be sold. A brewing system is planned for the Lebanon location in the future, and a separate manufacturing license will be obtained (if needed). Six of the initial 8 employees will be servers, all of whom are aged 21 or older. It was indicated that the state-mandated server training program will be implemented.
The Board meeting adjourned at 11:01 AM.
Overview
The Boone County Alcoholic Beverage Board investigates all applications in Boone County for retailer and dealer permits to sell alcohol, including applications for new permits, renewal of existing permits, and transfers of ownership and/or locations of a permit. The Board is made up of four persons – one appointed by the Boone County Board of Commissioners (Bill Sutton, 765-482-5174, term expires December 31, 2017); one appointed by the Boone County Council (Aaron Smith, 765-891-1439, taxless3@comcast.net, term expires December 31, 2016); one appointed by the Lebanon Mayor (Matt Drury, 765-485-2700, mdrury@strawmyerdrury.com, term expires December 31, 2016); and one designated representative of the Indiana Alcohol and Tobacco Commission who is usually an Officer of the Indiana State Excise Police (Jeremiah Gillam, 765-362-8815, jgillam@atc.IN.gov). The Alcoholic Beverage Board meets the first Wednesday of each month at 10:30 AM in the Lebanon Municipal Building, and meeting agendas are available at http://www.in.gov/atc/2760.htm. Three Board member votes are necessary to take action on meeting agenda items.
At a Boone County Alcoholic Beverage Board hearing on a new permit or a transfer of location application, the applicant has the burden to prove he qualifies to hold the desired permit at the proposed location. An applicant may be denied for any one or more of the following: (1) the applicant does not maintain a high and fine reputation in the community; (2) there is no need for the services of the applicant at the proposed location; (3) the neighborhood and/or community do not desire the services; (4) the services at the proposed location would have a negative impact on other businesses in the neighborhood as well as a negative impact on the neighborhood in general; (5) the permit premises is within 200 feet of a church or school; or (6) the permit premises is in a residential area as referred to in IC 7.1-1-3-38 and 905 IAC 1-18-1.
A permit to sell alcoholic beverages is not unlimited in duration. Each permit must be renewed annually by submitting a renewal application to the Indiana Alcohol & Tobacco Commission. The Boone County Alcoholic Beverage Board is required to examine each Boone County renewal application every two years. An application for renewal of a permit is handled much the same way as a new permit application; however, the Board must consider only whether (1) the applicant is of good moral character; (2) the permit premises has become a public nuisance; (3) any criminal offenses have taken place at the permit premises, (4) the permittee refuses to comply with the law or a rule of the Commission, and (5) the permittee has not fully disclosed the true facts in respect to the location of the premises for which the permit is applied. It should be noted that Class B Misdemeanor criminal offenses include both (1) the furnishing of alcohol to minors and (2) the overserving of alcohol to inebriated persons in bars and restaurants.
The Boone County Alcoholic Beverage Board votes on each application before it and then submits its vote to the Indiana Alcohol & Tobacco Commission headquartered in Indianapolis. The Commission then reviews the Board’s recommendation and determines whether it will follow the Board’s recommendation. The Commission can vote to overturn the Board if the Board’s decision was not based on the evidence or was not in accordance with the law.
Additional "Alcohol Beverage Information" can be obtained from the Indiana Alcohol & Tobacco Commission web page at http://www.in.gov/atc/2410.htm.
Some Pertinent Indiana Code Sections
Some Indiana Code sections pertinent to furnishing alcohol to minors are listed next.
Indiana Code 7.1-1-3-25
"Minor"
Indiana Code 7.1-5-7-8
Sale to minors prohibited; furnishing property for the purpose of enabling
minors to consume alcohol prohibited
Indiana Code 7.1-5-10-23
Purchases for consumption off the licensed premises; proof of age
Indiana Code 7.1-3-1.5-1
"Alcohol server"
Indiana Code 7.1-3-1.5-13
Retailer or dealer permittee; management representative; duties and
responsibilities
Boone County Alcohol Violations
The Alcohol Violations web page on the Indiana State Excise Police website at
http://www.in.gov/atc/isep/2385.htm
lists the following Boone County establishments as having furnished alcohol to minors
since January 1, 2014 (updated January 3, 2017):
American Legion Post #79 (9950 E. CR 600 S., Zionsville) – Apr. 17, 2014 ($750
fine)
Arni’s (202 W. Washington St., Lebanon) – Dec. 10, 2015 ($500 fine)
Bijou (111 W. Main St., Lebanon) – Dec. 2, 2015
($750 fine)
Bijou (111 W. Main St., Lebanon) – May 28, 2014
($500 fine)
Boone’s Pub (124 S. Lebanon St., Lebanon) – Dec. 18, 2015 ($750 fine)
Bub's Burgers & Ice Cream (620 S. Main Street, Zionsville) – Aug. 10, 2016
($500 fine)
Carolina Grill (7629 W. Stonegate, Zionsville) – May 14, 2014 ($750 fine)
DC’s Pub (6537 E. SR 334, Zionsville) – Sep 9, 2015 ($500 fine)
Family Express (2430 N. Lebanon St., Lebanon) – Apr. 9, 2014 ($500 fine)
Friendly Market (2120 N. Lebanon St., Lebanon) – Aug. 6,
2015 ($500 fine)
Golf Club of Indiana (6905 S. CR 525 E., Lebanon) – Sep. 30, 2014 ($550
fine)
Highway Hut Bar (924 W. South Street, Lebanon) – Feb. 11, 2016 ($550 fine)
HK Petroleum (2120 N. Lebanon St., Lebanon – Sep. 21, 2016 ($500 fine)
Hopwood Cellars (12 E. Cedar St., Zionsville) – Nov. 10, 2015 ($750 fine)
Hopwood Cellars (12 E. Cedar St., Zionsville) – Apr. 21, 2014 ($500 fine)
JR Food Mart (1230 W. SR 32, Lebanon) – Nov. 10, 2015 ($500 fine)
Kork & Keg Liquors (1315 W. South St., Lebanon) – Dec. 18, 2015 ($500
fine)
Liang’s Asian Cuisine (69 Boone Village Shopping Center) – Nov. 10, 2015
($550 fine)
Payless Liquors (60 Brendon Way, Zionsville) – Jan. 26, 2015 ($1,000 fine)
Payless Liquors (60 Brendon Way, Zionsville) – Dec. 5, 2014 ($750 fine)
Pizza King (2360 N. Lebanon St., Lebanon) – October 6, 2016 ($600 fine)
Rice Cooker (1211 W. Oak St., Zionsville) – Oct. 15, 2015 ($550 fine)
Stats Bar & Grill (100 S. Smith St., Lebanon) – Jan. 8, 2016 ($750
fine)
Stats Bar & Grill (100 S. Smith St., Lebanon) – Jan. 16, 2014 ($1,000
fine)
The Lost Frontier (112 E. Main Street, Thorntown) – October 6, 2016 ($600
fine)
Trophy Club (3887 N. US Hwy 52, Lebanon) – Oct. 14, 2014 ($600 fine)
Ulen Country Club (100 Country Club Dr., Lebanon) – Sep. 30, 2014 ($500 fine)
VFW Post #910 (318 W. Main St., Lebanon) – Jun. 27, 2014 ($500 fine)
Walgreens (1130 N. Lebanon St., Lebanon) – Jul 23, 2015 ($500 fine)
Whitestown Marathon (6378 Crane Dr., Whitestown) – Oct.
15, 2015 ($500 fine)
Whitestown Marathon (6378 Crane Dr., Whitestown) – May 12, 2015 ($550
fine)
Boone County Alcoholic Beverage Board Meeting Results
Listed below are the results from some meetings of the Boone County Alcoholic Beverage Board.
Some of the decisions made by the Boone County Alcoholic Beverage Board at its July 1, 2015, December 2, 2015, and January 6, 2016, meetings appeared to (1) favor vested interests who profit from alcoholic beverage permits and (2) exhibit a considerable laissez-faire attitude about selling alcohol to minors. The decisions made by the Boone County Alcoholic Beverage Board at other meetings appeared to satisfactorily protect the public interest regarding the furnishing of alcohol to minors and the overserving of alcohol to inebriated persons in bars and restaurants.
December 7, 2016, Meeting
Board members in attendance were Jeremiah Gillam (Indiana State Excise Police Officer), Matt Drury, Aaron Smith, and Bill Sutton.
The Board meeting started at 10:29 AM. There were no remonstrators present.
The alcohol permits for the following establishments were unanimously renewed for two years because there were no alcohol violations since the permits were last renewed or issued: Liang's Asian Cuisine LLC (Zionsville, the last prior violation for furnishing alcohol to a minor was on 11/10/2015); VFW Post #910 (Lebanon, the last prior violation for furnishing alcohol to a minor was on 06/27/2014).
An El Jaripeo Mexican Restaurant (2330 N. Lebanon Street in Lebanon) Beer Wine & Liquor Restaurant permit renewal was unanimously approved for two years. Mr. Jose Melendez (Co-owner), Mr. P. Delgado (Co-owner), Ms. Gena Santana (Operations Manager), Mr. Jeff McKean (El Rodeo attorney from McKean Law Firm, P.C.), and Mr. Greg Genrich (Bradford & Riley, Inc.) were present at the meeting. Mr. Melendez and Mr. Delgado pled guilty to a Class D Felony for failure to maintain a high and fine character for under reporting company income as a result of an investigation that began November 2013. As specified in the September 7, 2016, meeting notes for El Rodeo 22 (Zionsville), the Class D Felonies do not disqualify the Co-owners from holding alcohol permits (Indiana Code 7.1-3-4-2). In addition, it was stated that there have been no other El Jaripeo Mexican Restaurant violations the past 15 years.
An Arni's (202 W. Washington Street in Lebanon) Beer Wine & Liquor Restaurant permit renewal was unanimously approved for two years. Ms. Reagan LePage, General Manager for the Arni's Lebanon restaurant, was present at the meeting. There was a 12/10/2015 violation for furnishing alcohol to a minor - a server not permitted to serve alcohol got another qualified server to serve alcohol to a minor seated at a table - neither server checked the I.D. of the minor before the alcohol was served. Ms. LePage stated that after this violation it was emphasized to all servers that the person actually serving alcohol is required to check the I.D. of patrons.
An HK Petroleum Inc. (2120 N. Lebanon Street in Lebanon) Beer & Wine Dealer Grocery Store permit renewal was unanimously approved for just one year. Mr. Gautam Patel, Owner, was present at the meeting. There was a 09/21/2016 violation for furnishing alcohol to a minor - beer was sold to a minor without requiring the presentation of an ID - the employee who sold the beer to the underage customer had been employed three months. To help prevent future violations, Mr. Patel indicated that a checkout scanner was installed for all beer products where a birth date must be entered before beer can be sold to customers. Mr. Patel also indicated that the employee who sold the beer to the underage customer was placed on warning, and that the employee will receive the server training program provided by the state (even though this training is not mandated by state law for convenience stores). Mr. Patel further indicated that he himself has undergone the server training program. There was another prior violation at this location under the management of Mr. Patel (just prior to Mr. Patel's purchase of this location) - the employee responsible for furnishing alcohol to a minor was discharged.
The Beer Wine & Liquor Restaurant permit renewal for Stats Bar & Grill (100 S. Smith Street in Lebanon) was continued to the January 4 meeting because the owner was not present to explain the 01/08/2016 violation for furnishing alcohol to a minor (there was also another violation for furnishing alcohol to a minor on 01/16/2014).
The new application for a Wine Retailer Restaurant permit for Paradise Nails (1370 S. Lebanon Street Suite 500 in Lebanon) was continued to the January 4 meeting because the new application sign was not properly posted for 10 days at the Paradise Nails premises. Mr. David Kim Vo was present at the meeting.
The Board meeting adjourned at 10:50 AM.
November 2, 2016, Meeting
Board members in attendance were Jeremiah Gillam (Indiana State Excise Police Officer), Matt Drury, Aaron Smith, and Bill Sutton.
The Board meeting started at 10:32 AM. There were no remonstrators present.
The Beer Wine & Liquor permits for the following establishments were unanimously renewed for two years because there were no alcohol violations since the last renewal: Payless Liquors (Zionsville, there were prior violations for furnishing alcohol to minors on 01/26/2015 and 12/05/2014); Starbucks #13345 (Zionsville); The Barn (Lebanon).
The Beer Wine & Liquor Restaurant permit for the Fergus Corporation was unanimously renewed for two years because there were no alcohol violations since the last renewal. The Fergus Corporation previously operated the Bijou Restaurant at 111 W. Main Street in Lebanon. The Bijou Restaurant is no longer in operation, and a new application was approved on October 5, 2016, for People's Brewing Company to operate a People's Public House & Brewery Restaurant at 111 W. Main Street in Lebanon. It was indicated that this Fergus Corporation permit may be in escrow with a "location pending" designation.
An El Jaripeo Mexican Restaurant (Lebanon) Beer Wine & Liquor Restaurant permit renewal was again continued to the December 7, 2016, meeting. This restaurant has a violation.
New applications for a Beer Retailer Restaurant permit and a Beer Wine & Liquor Restaurant permit were approved 4-0 for a Thai Select Restaurant in Zionsville at 6579 Whitestown Parkway. Kenneth Fary, who is a Co-Owner with his wife, was present at the meeting. A signed affidavits was provided that the new application sign was properly posted for 10 days at the restaurant premises in Zionsville. Mr. Fary indicated that his restaurant business is five years old, and that there are other Thai Select Restaurants in Fishers and three other locations. The Zionsville restaurant will open January 2017 and seat 65 patrons. There will be six employees, two or three of which will be alcohol servers aged 21 and older. Mr. Fary indicated that part of his management approach is to make "surprise visits" to his restaurants. Mr. Fary's wife helps oversee the operation of the restaurants, and is responsible for training the cooks. There was one violation within the past year for furnishing alcohol to a minor at one of the Thai Select Restaurant locations. A new employee without a server's permit was responsible for the violation. Mr. Fary indicated that better server permit management practices have been implemented, and that a "no tolerance" policy has been established regarding server violations. Mr. Fary also stated that wine representatives have presented the state-mandated server training program to his wife and other alcohol servers. Mr. Fary plans to take the server training program himself, and the State Excise Police may train Mr. Fary's wife to be a server trainer so she can better communicate with servers for whom English is a second language.
The Board meeting adjourned at 10:49 AM.
October 5, 2016, Meeting
Board members in attendance were Jeremiah Gillam (Indiana State Excise Police Officer), Matt Drury, Aaron Smith, and Bill Sutton.
The Board meeting started at 10:32 AM. There were no remonstrators present.
The Beer Wine & Liquor Restaurant permits for the following establishments were unanimously renewed for two years because there were no current alcohol violations: Naked Tchopstix (Zionsville), The Carolina Grill (Zionsville).
An El Jaripeo Mexican Restaurant (Lebanon) Beer Wine & Liquor Restaurant permit renewal was continued to the October 5, 2016, meeting. This restaurant has a violation, and the owner's lawyer was out of state.
The Beer Wine & Liquor Restaurant permit renewal was approved 4-0 for Boone's Pub at 124 South Lebanon Street in Lebanon. Ronnie Boone, owner, was present at the meeting. There was a December 18, 2015, violation issued by the Indiana State Excise Police for furnishing alcohol to a minor ($750 fine). Mr. Boone indicated that the bartender responsible for this violation was terminated, and that the state-mandated server training program has been implemented. Mr. Boone also indicated that this was his fifth violation in 22 years, with the fourth violation occurring three years ago.
A new application for a Beer & Wine Retailer Restaurant permit was approved 4-0 for a People's Public House & Brewery restaurant in Lebanon at 111 West Main Street (in the prior Bijou restaurant location). Brett Vanderplaats, Secretary, was present at the meeting. A signed affidavits was provided that the new application sign was properly posted for 10 days at the People's Public House & Brewery restaurant premises in Lebanon. Mr. Vanderplaats indicated that a People's Brewing Company location in Lafayette has been open for six years. The Lebanon location's barroom will open the first of November, and the hours of operation will be 11:30 AM to 10:00 PM Monday through Thursday and 11:30 AM to Midnight Friday and Saturday. Restaurant kitchen operations will start the first of December. The 21-and-over barroom will be separated from the under-21 family room with movable barriers that have opening that are five-feet wide. People's Beer and other Indiana beers will be sold. A brewing system is planned for the Lebanon location in the future, and a separate manufacturing license will be obtained (if needed). Six of the initial 8 employees will be servers, all of whom are aged 21 or older. It was indicated that the state-mandated server training program will be implemented.
The Board meeting adjourned at 10:52 AM.
September 7, 2016, Meeting
Board members in attendance were Jeremiah Gillam (Indiana State Excise Police Officer), Matt Drury, and Aaron Smith. Bill Sutton was absent.
The Board meeting started at 10:32 AM. There were no remonstrators present.
The permits for the following establishments were unanimously renewed for two years because there were no alcohol violations: Family Express (Lebanon), Golf Club of Indiana (Lebanon), South Zionsville Village West (Zionsville), Wilford Enterprises (Whitestown).
An El Rodeo 22 (6673 E SR 334, in Zionsville) Beer Wine & Liquor
Restaurant permit was unanimously renewed. Mr. Jose Melendez (Co-owner), Mr.
Francisco Salgado (Co-owner), Ms. Gena Santana (Operations Manager), Mr. Jeff
McKean (El Rodeo attorney from McKean Law Firm, P.C.), Mr. Bob Locke (El Rodeo
accountant from Custom Business & Tax Solutions, Inc.), and Ms. Brooke
Litherland (Bradford & Riley, Inc.) were present at the meeting. Mr.
Melendez has been in the U.S. since 1981 and Mr. Salgado since 1987, and they
first became restaurant partners in 1995. There are now 22 El Rodeo restaurant
locations in several central Indiana counties. Mr. Melendez and Mr. Salgado were
charged with under reporting company income by $22 million over 3 years as a
result of an investigation that began November 2013. Mr. Melendez and Mr.
Salgado each pled guilty on August 4, 2016, to a Class D Felony for failure to
maintain a high and fine character (905.1.27.1) under a plea agreement with the
Prosecutor of the Indiana Alcohol and Tobacco Commission. In addition to each
paying a $1,000 fine, a total of $2.7 million was paid in restitution. Mr.
Melendez and Mr. Salgado were sentenced to one year of house arrest and are on
probation. Seized bank accounts totaling $4.5 million were returned. The Indiana
Alcohol and Tobacco Commission is not seeking to have the El Rodeo alcohol
permits revoked. Mr. Melendez and Mr. Salgado contend they were not aware of the
under reporting of income but “accept responsibility” and vow to “make
sure it never happens again.” The Co-owners have implemented ongoing
accounting improvements under the guidance of Mr. Locke, and Ms. Santana is now
holding regular meetings with the store managers. The Class D Felonies do not
disqualify the Co-owners from holding alcohol permits (Indiana Code 7.1-3-4-2),
and Mr. Melendez and Mr. Salgado testified under oath that they have no other
criminal convictions.
Officer Gillam and Mr. Drury voted to renew the Whitestown Marathon (6378 Crane
Drive in Whitestown) Beer & Wine Dealer Grocery Store permit for two years
because there were no alcohol violations. Mr. Smith abstained.
The Board meeting adjourned at 11:24 AM.
August 3, 2016, Meeting
Board members in attendance were Jeremiah Gillam (Indiana State Excise Police Officer), Aaron Smith, and Bill Sutton. Matt Drury was absent.
The Board meeting started at 10:33 AM. There were no remonstrators present.
The permit for the following establishment was unanimously renewed for two years because there were no alcohol violations: Zionsville Golf Course (Zionsville). .
An El Rodeo 22 (Zionsville) Beer Wine & Liquor Restaurant permit renewal was again continued to the September 7, 2016, meeting. It was indicated that the Indiana Alcohol & Tobacco Commission is in the process of issuing violations and fines.
The Beer Wine & Liquor Restaurant permit renewal for Golf Club of Indiana in Lebanon was again continued to the September 7, 2016, meeting because Harry Kennerk (President) was not present to answer questions regarding an Indiana State Excise Police violation. Golf Club of Indiana was cited September 30, 2014, for furnishing alcohol to a minor ($550 fine).
A Kork & Keg Liquors XIV (319 W. Main Street in Lebanon) Beer Wine & Liquor Package Store permit was unanimously renewed. John Cunningham (President), who started his Kork & Keg Liquors business in 1984, was present at the meeting. The permit is not in use, and has been held in escrow for two years - the permit will need to be put in use within the next three years. The indicated location for the permit houses a specialty antiques store (Mo's Vintiques), which is directly adjacent to the Lebanon Boys and Girls Club. Mr. Cunningham was lauded for his stated intent to put the permit in use at another location (as yet undetermined) nearer the northern Lebanon city limits and away from the Lebanon Boys and Girls Club. It was indicated that the location for this permit should probably be identified as "location pending."
Unanimous approval was granted for Kork & Keg Liquors XV to transfer its Beer Wine & Liquor Package Store permit from 2354 N. Lebanon Street Room 6 in Lebanon to a vacant building at 1317 W. South Street in Lebanon. The 2354 N. Lebanon Street Room 6 location is currently operated as Indiana Firearms (within Daniels Plaza), and it was noted that partitioning this location to include both a gun shop and package store might have been "problematic." Mr. Cunningham provided a signed affidavits that the sign announcing the permit transfer application was properly posted for 10 days at 1317 W. South Street. The permit was also unanimously renewed. The permit is not in use, and has been held in escrow for two years - the permit will need to be put in use within the next three years. The vacant building at 1317 W. South Street is adjacent to the Kork & Keg Liquors IV package store at 1315 W. South Street. Mr. Cunningham plans to put a "wine shop" in the vacant building at 1317 W. South Street by Fall 2016. The wine shop will sell wine and wine coolers seven days a week from 9:00 AM to 9:00 PM, while the package store at 1315 W. South Street (whose Beer Wine & Liquor Package Store permit has been apparently held by Mr. Cunningham since before 1997) will continue to sell beer and liquor.
Unanimous approval was granted to transfer Beer Retailer Restaurant and Beer Wine & Liquor Restaurant permits to a new Greek's Pizzeria restaurant in Zionsville at 30 N. Main Street. Jon Wreight, Co-owner (with his wife), was present at the meeting. A signed affidavits was provided that the sign announcing the permit transfer application was properly posted for 10 days at the new Greek's Pizzeria restaurant premises in Zionsville. Mr. Wreight indicated that he has experience owning another Greek's Pizzeria restaurant in Westfield. The hours of operation will be 11:00 AM to 9:00 PM Sunday through Thursday, and 11:00 AM to 10:00 PM Friday and Saturday. It was indicated that the front patio needs a more definite separation, and that the back room (which has an unused bar with seats) needs to have a better separation with a railing. There will be at least $200,000 in gross annual food sales. No alcoholic beverages will served over counter tops. Alcoholic beverages will be purchased from Monarch Beverage Company and some independent breweries. This new Zionsville restaurant will hire 15 to 20 employees. Alcoholic beverages will be served by three managers and two servers - these five employees are all at least 21 years old. Mr. Wreight has completed the state mandated server training, and the restaurant employees will complete the server training program online.
The Board meeting adjourned about 11:15 AM.
July 6, 2016, Meeting
Board members in attendance were Jeremiah Gillam (Indiana State Excise Police Officer), Matt Drury, Aaron Smith, and Bill Sutton.
The Board meeting started at 10:36 AM. There were no declared remonstrators.
Permits for the following establishments were unanimously renewed for two years because there were no alcohol violations: CVS Pharmacy (Lebanon), CVS Pharmacy #4727 (6511 S. SR 334 in Zionsville), CVS Pharmacy #6565 (1466 W. Oak Street in Zionsville), Moody Market (Zionsville), and Speedway (1390 W. Oak Street in Zionsville). .
An El Rodeo 22 (Zionsville) Beer Wine & Liquor Restaurant permit renewal was again continued to the August 3, 2016, meeting because of a violation. It was indicated that attorneys are seeking a settlement regarding the violation.
The Beer Wine & Liquor Restaurant permit renewal for Golf Club of Indiana in Lebanon was continued to the August 3, 2016, meeting because Harry Kennerk (President) was not present to answer questions regarding an Indiana State Excise Police violation. Golf Club of Indiana was cited September 30, 2014, for furnishing alcohol to a minor ($550 fine),
A Kork & Keg Liquors XIV (319 W. Main Street in Lebanon) Beer Wine & Liquor Package Store permit renewal was continued to the August 3, 2016, meeting. John Cunningham, President, was not present to answer questions regarding whether this permit is eligible for repeated renewal. The permit is not in use - the indicated location for the permit houses a specialty antiques store (Mo's Vintiques). This specialty antiques store is directly adjacent to the Lebanon Boys and Girls Club, and there is some indication that this location did operate as a package liquor store prior to the Boys and Girls Club moving next door.
A Kork & Keg Liquors XV (2354 N. Lebanon Street Room 6 in Lebanon) Beer Wine & Liquor Package Store permit renewal was continued to the August 3, 2016, meeting. The permit is not in use - the 2354 N. Lebanon Street Room 6 location is currently operated as Indiana Firearms within Daniels Plaza. A request to transfer this permit to a vacant building at 1317 W. South Street in Lebanon was also continued to the August 3, 2016, meeting. John Cunningham, President, was not present to answer questions regarding the transfer request, and the transfer application sign was not properly posted for 10 days on the premises.
A new applications for a Beer & Wine Retailer Restaurant permit was unanimously approved for a Flamme Burger restaurant in Zionsville at 6860 Whitestown Parkway. Henry Najem, Owner, was present at the meeting along with Brooke Litherland from Bradford & Riley Inc. A signed affidavits was provided that the new application sign was properly posted for 10 days at the Flamme Burger restaurant premises in Zionsville. Mr. Najem indicated that he has a couple decades experience in the restaurant industry, and there is another Flamme Burger restaurant location at 8594 E. 116th Street in Fishers. The Zionsville restaurant will be in a small retail shopping center, will open by the end of September, and the hours of operation will be 11:00 AM to 10:00 PM seven days a week. A diagram was provided that shows 60 seats inside the new restaurant, 40 seats in a covered outdoor patio, and 32 seats in an uncovered outdoor patio. Fencing will be provided around the patios. Food and beverages will be delivered to the tables, with no wine and draft beer served over counter tops. This new Zionsville restaurant will employ 20 part-time and 6 full-time employees. Mr. Najem indicated that the state-mandated server training program will be implemented, and that the restaurant Manager and Assistant Manager will serve alcoholic beverages. The Indiana State Excise Police will conduct a final inspection before this new restaurant opens.
The Board meeting adjourned at 10:49 AM.
June 1, 2016, Meeting
Board members in attendance were Jeremiah Gillam (Indiana State Excise Police Officer), Matt Drury, Aaron Smith, and Bill Sutton.
The Board meeting started at 10:30 AM.
Permits for the following establishments were unanimously renewed for two years because there were no alcohol violations: Fraternal Order of Eagles (Lebanon), Kroger (Lebanon), Wolf Run Golf Club (Zionsville), and Zionsville Grill (Zionsville).
An El Rodeo 22 (Zionsville) Beer Wine & Liquor Restaurant permit renewal was again continued to the July 6, 2016, meeting because of a violation. It was indicated that attorneys are seeking a settlement regarding the violation.
New applications for a Beer Retailer Restaurant permit and a Beer Wine & Liquor Restaurant permit were approved 4-0 for a Books & Brews restaurant in Zionsville at 65 Boone Village. Jason Wuerfel, President and sole proprietor, was present. Two signed affidavits were provided that the new application signs were properly posted for 10 days on the Books & Brews premises. Mr. Wuerfel stated that he also owns a Books & Brews used bookstore and brewpub in Indianapolis. The Zionsville restaurant will occupy the premises of the now-closed Zionsville Grill, will open about June 15, and the hours of operation will be 10:00 AM to 10:00 PM Monday through Wednesday, 11:00 AM to Midnight Thursday through Saturday, and Noon to 8:00 PM on Sunday. The restaurant will total about 2,200 square feet with a bookshelf separating the restaurant tables from a seven-seat bar. About $200,000 of annual gross income is expected from the sale of sandwiches, tacos, nachos, and french fries. About $133,000 of annual gross income is expected from the sale of alcoholic beverages. Some of the alcohol sales will include beer brewed at the Indianapolis location. Used books will also be sold with the proceeds going to local non-profits. The new Zionsville restaurant will employ 15 to 18 persons, with no alcohol servers under the age of 21. Mr. Wuerfel indicated that state-mandated server training program has been implemented at the Indianapolis location and will likewise be implemented at the new Zionsville restaurant. The new restaurant will be ready the week of June 6 for inspection by the Indiana State Excise Police.
The Beer Wine & Liquor Retailer Restaurant permit renewal was approved 4-0 for Duke Construction LP. Craig Anderson, Duke Construction General Manager for the Anson development, was present. This permit can continue to be held in escrow until March 2017, at which time it will be returned to the state if it is not in use by a restaurant. Duke Construction owns about fifteen one-acre outlots at the south end of the Anson development, and is working with Whitestown to attract a sit-down restaurant to occupy one of the outlots. The permit will be transferred to the owner of a restaurant that builds on an outlot owned by Duke Construction.
The Board meeting adjourned at 11:00 AM.
May 4, 2016, Meeting
Board members in attendance were Jeremiah Gillam (Indiana State Excise Police Officer), Matt Drury, Aaron Smith, and Bill Sutton.
The Board meeting started at 10:22 AM.
Permits for the following establishments were unanimously renewed for two years because there were no alcohol violations: JL Food Mart (Jamestown), Pie Five Pizza (Zionsville), Sundance Salon Spa (Zionsville), and Ulen Country Club (Lebanon). NOTE: Officer Gillam indicate that a September 30, 2014, Ulen Country Club violation for furnishing alcohol to a minor was reviewed during a prior renewal hearing.
A Duke Construction LP (Whitestown location pending) Beer Wine & Liquor Restaurant permit renewal was continued to the June 1, 2016, meeting. It would be the maximum allowed fifth year in escrow if the permit is renewed, and an explanation is desired regarding when development will occur to make use of the permit.
An El Rodeo 22 (Zionsville) Beer Wine & Liquor Restaurant permit renewal was continued to the June 1, 2016, meeting because of a violation.
New applications for a Beer Retailer Restaurant permit and a Beer Wine & Liquor Restaurant permit were approved 4-0 for a Rush On Main restaurant in Zionsville at 112 South Main Street (where the now-closed Plum's Upper Room restaurant location was located). Co-owners Jeff Sepiol and Johnny Vargo were present. Mr. Sepiol stated that he has 4 years restaurant experience in Kentucky and 18 years restaurant experience in downtown Indianapolis (including Hooters). The Rush On Main restaurant will open June 1, and the hours of operation will be 11:00 AM to 10:00 PM Monday through Thursday, 11:00 AM to 1:00 AM Friday and Saturday, and Noon to 10:00 PM on Sunday. Italian cuisine will be served (with no pizza). There will be upstairs family dining and a bar room. The Indiana Excise Police will conduct a final inspection after the construction is completed to separate the dining area from the bar room. Bartenders will be at least 21 years old and there will be 7 servers - these employees will receive the required server training. There will be no carry out alcohol sales. An affidavit was provided that the required sign was properly posted for 10 days indicating to the public that the applicant was seeking issuance of the permits
A Beer & Wine Retailer Restaurant permit transfer from RC Two Inc. to Redstone LLC was approved 4-0. Redstone LLC does business as Rice Cooker at 1121 West Oak Street in Zionsville daily from 11:00 AM to 9:30 PM. Shuiwing Chen, the Redstone LLC owner, was present at the meeting along with Brooke Litherland from Bradford & Riley Inc. An affidavit was provided that the required transfer of ownership sign was properly posted for 10 days on the Rice Cooker premises. The Rice Cooker Chinese restaurant has been open for two years, but Ms. Chen has been at the restaurant starting January 1, 2016. RC Two Inc. was cited October 15, 2015, by the Indiana State Excise Police for furnishing alcohol to a minor ($550 fine), but the RC Two Inc. ownership is no longer involved in the Rice Cooker restaurant operation. This is the first time that Ms. Chen has owned and managed a restaurant that sells alcohol. Alcohol at the Rice Cooker restaurant must be delivered to the tables and cannot be sold over the counter. Ms. Chen and three employees serve alcohol. The three employees have completed the required server training program, but Ms. Chen has not yet completed the sever training program - Ms. Chen promises to complete the server training program.
The Beer & Wine Retailer Restaurant permit renewal was approved 4-0 for the Bub's Burgers & Ice Cream restaurant at 620 South Main Street in Zionsville. Matt Frey, owner, was present at the meeting. There was a 2015 violation issued by the Indiana State Excise Police for furnishing alcohol to a minor. The minor ordered a beer and then left the table to go to the restroom. The server delivered the beer to the table and asked for an ID; the minor was still away from the table, but the Excise Police Officer at the table showed her badge badge and told the server she was doing a good job. The server became flustered and left the beer on the table without checking the minor's ID. Mr. Frey stated that the server training program required by the state has been implemented, and that it is restaurant policy to card every Bub's Burger customer that orders alcohol.
The Board meeting adjourned at 10:51 AM.
April 6, 2016, Meeting
Board members in attendance were Jeremiah Gillam (Indiana State Excise Police Officer), Aaron Smith, and Bill Sutton – Matt Drury was absent.
The Board meeting started at 10:20 AM.
Permits for the following establishments were unanimously renewed for two years because there were no alcohol violations: American Legion #410 (Whitestown), Casey's General Store #2063 (Lebanon), Cool Lake Golf Course (Lebanon), Payless Liquors (Whitestown), and The Office Sports Pub (Whitestown).
A new application for a Beer & Wine Retailer Restaurant permit was approved 3-0 for a new Greek's Pizzeria restaurant location on the Courthouse Square in Lebanon at 105 West Main Street. Kyle Hawkins represented Greek's Pizzeria. Mr. Hawkins, who is the General Manager of the five-year-old Greek's Pizzeria location in Zionsville, will be the manager and co-owner (with Mike Cole) of the Greek's Pizzeria location in Lebanon. The new Lebanon Greek's Pizzeria restaurant will open the second week of May and seat 80 patrons. The hours of operation will be 11:00 AM to 9:00 PM Sunday through Thursday, and 10:00 AM to 11:00 PM Friday and Saturday. Beer will be sold mostly by the bottle via table service with no alcohol sold over the counter. The will be no patio tables. Some of the fifteen total employees will be teenagers. Nineteen and twenty year old employees will be trained to serve beer. The server training program utilized in Zionsville will be implemented in Lebanon. However, Mr. Hawkins needs to renew his personal server training because it has been more than three years since he completed the training.
Redstone LLC, doing business as Rice Cooker in Zionsville, is seeking to have a Beer & Wine Retailer Restaurant permit transferred from RC Two Inc. RC Two Inc. was cited October 15, 2015, by the Indiana State Excise Police for furnishing alcohol to a minor ($550 fine). Shuiwing Chen, the Redstone LLC owner, was present at the meeting along with Brooke Litherland from Bradford & Riley Inc. The permit transfer request was continued to the May 4 meeting because the transfer of ownership sign was not properly posted on the Rice Cooker premises at 1211 West Oak Street in Zionsville. The sign is supposed to be posted for ten days continuously before the Board meeting.
The Beer & Wine Dealer Grocery Store permit renewal was approved 3-0 for JR Food Mart at 1230 W. State Road 32 in Lebanon. Jatinder Athwal, Owner, was present at the meeting. JR Food Mart was cited November 10, 2015, by the Indiana State Excise Police for furnishing alcohol to a minor ($500 fine). An older employee recently returned from a medical leave forgot to check the ID of the underage alcohol purchaser, and received a verbal warning from Mr. Athwal. Mr. Athwal installed a two-dimensional ID scanner as a result of the alcohol violation in hopes of preventing future violations - fake IDs can still be scanned and the scanner can be overridden by entering a date of birth. There is no history of other Indiana State Excise Police violations. The 86 public safety responses to 65 incidences the past couple of years at the JR Food Mart street address do not reveal a public nuisance pattern.
The Beer Wine & Liquor Restaurant permit renewal was approved 3-0 for the Highway Hut Bar at 924 W. South Street in Lebanon. James Brawner was present at the meeting. Mr. Brawner, together with silent partner Mark Oliver, is in the process of purchasing the Highway Hut Bar from Jack Summitt. Mr. Brawner, who has managed the Highway Hut Bar for almost three years, hopes to have the permit transferred from Mr. Summitt by June. There was a 2015 violation ($300 fine) for gambling using a tab board bowling machine - Mr. Brawner stated that vendor of the machine incorrectly told him it was legal. Highway Hut Bar was also cited February 11, 2016, by the Indiana State Excise Police for furnishing alcohol to a minor ($550 fine). Mr. Brawner indicated that he was responsible for the violation of furnishing alcohol to a minor - he was covering for the bartender who left early, and made the underage sale without ID verification because of how the minor approached him in a friendly manner implying that she had been served on prior visits to the bar. After making reference to eight Boone County Communication Center Call Reports and one Lebanon Police Department Incident Report, Lebanon Police Chief Tyson Warmoth was asked if he considers the Highway Hut Bar to be a public nuisance. Chief Warmoth repied, "In answer to your question, at this time, I do not consider the Hi Wa Hut Bar a public nuisance. I believe the call volume has decreased since new owners took over. The bar has been remodeled inside and it improved the view and control of the bartender. I do believe they have attempted to improve the image of the bar and 'clean it up'." Seven Highway Hut Bar employees have permits to serve alcohol. Three of the employees have been employed more than 120 days, and are supposed to have completed the required server training. Four of the employees have been employed less than 120 days. Mr. Brawner indicated that four of the seven employees have certificates showing that they have completed the server training program. Officer Gillam will meet with Mr. Brawner to further review the server training and other requirements.
The Board meeting adjourned at 10:56 AM.
March 2, 2016, Meeting
Board members in attendance were Jeremiah Gillam (Indiana State Excise Police Officer), Aaron Smith, and Bill Sutton – Matt Drury was absent.
The Board meeting started at 10:21 AM.
Permits for the following establishments were unanimously renewed for two years because there were no alcohol violations: Buffalo Wild Wings Grill & Bar (Zionsville), Pizza Hut (Lebanon), The Friendly Tavern (Zionsville).
A new application for a Grocery Store Beer & Wine Dealer permit was approved 3-0 for a new GetGo convenience store at the intersection of Whitestown Parkway and S CR 700 E in Zionsville. Mike Jones (Giant Eagle District Leader) and Lisa C. McKinney (Bose McKinney & Evans LLP) represented GetGo. A sworn written document provided by Mr. Jones included the following statements: "Giant Eagle ensures that its GetGo employees receive thorough training with respect to the handling, serving, or sale of alcoholic beverages. Giant Eagle has a zero tolerance policy and will automatically terminate any team member that willingly violates established alcohol handling procedures or has been found to violate any Indiana alcoholic beverage law or regulation. Consistent with Indiana law, Giant Eagle requires all GetGo cashiers to ask for identification from any customer ordering alcohol who appears to be under the age of 40." The new GetGo convenience store will be a 5,500 square foot location that is open 24 hours and will employ 25 to 35 persons. Groceries, snacks, and fuel will be sold - and, there will be a 38-seat cafe with a kitchen. A sign was properly posted at least 10 days to indicate to the public that GetGo is seeking the issuance of an alcoholic beverage permit. The Grocery Store Beer & Wine Dealer permit will be held in escrow until the new GetGo convenience store opens.
A new application for a Package Store Beer Wine & Liquor permit was approved 3-0 for Big Red Liquors for a pending location in Thorntown. Don Rix, President for 4 years, represented Big Red Liquors. Big Red Liquors was started in Bloomington 44 years ago. The permit will be held in escrow for 9 to 18 months. There will be a second hearing before the Boone County Alcoholic Beverage Board once a location is selected for the new package store.
A new application for a Grocery Store Beer & Wine Dealer permit was approved 3-0 for HK Petroleum at 2120 N. Lebanon Street in Lebanon. Gautam Patel, who will become the owner, represented HK Petroleum. Mr. Patel has 20 years of experience managing locations that sell alcoholic beverages. Mr. Patel is moving from Marion to Carmel, and will assume management of the HK Petroleum location in Lebanon. Although not required by state law for convenience stores, Mr. Patel volunteered to provide server training for the HK Petroleum employees - Mr. Patel has had good experience with the server training program in other locations that he has managed.
The Restaurant Beer Wine & Liquor permit renewal was approved 3-0 for L A Cafe in Whitestown. Jessica Averitt (Manager) represented the owner Larry Averitt. L A Cafe was cited by the Indiana State Excise Police for an alcohol violation since the last permit renewal. The are 9 employees, 7 of whom serve alcohol. The alcohol servers have now completed the online required server training program. Public safety incidence responses the past couple of years at the L A Cafe street address show that L A Cafe is not a public nuisance. Of the 17 public safety responses to 17 incidences, 15 were for an Alarm.
The Restaurant Beer Wine & Liquor permit renewal was approved 3-0 for The Trophy Club in Lebanon. Ben Winings, Director of Golf/Manager, represented The Trophy Club. The Trophy Club was cited October 14, 2014, by the Indiana State Excise Police for furnishing alcohol to a minor ($600 fine). A contractor was setting up for a wedding reception on The Trophy Club premises, and the contractor served a beer to a minor. Mr. Winings stated that a third party has provided the required server training program for The Trophy Club employees. Public safety incidence responses the past couple of years at The Trophy Club street address show that The Trophy Club is not a public nuisance - please send an E-mail to taxless3@comcast.net if you wish to receive a summary report of the 33 public safety responses to 22 incidences.
The Grocery Store Beer & Wine Dealer permit renewal for the JR Food Mart in Lebanon was continued to the April meeting of the Boone County Alcoholic Beverage Board because the owner, Jatinder Athwal, was not present. JR Food mart was cited October 10, 2015, by the Indiana State Excise Police for furnishing alcohol to a minor ($500 fine).
The Restaurant Beer Wine & Liquor permit renewal for the Highway Hut Bar in Lebanon was continued to the April meeting of the Boone County Alcoholic Beverage Board because the owner, Jack Summitt, was in Florida and not present. James Brawner, Manager, did appear at the meeting. Highway Hut Bar was cited by the Indiana State Excise Police for an alcohol violation since the last permit renewal. Jeremiah Gillam (Indiana State Excise Police Officer) will phone Mr. Summitt and complete a Manager's Questionnaire Form, which will allow Mr. Brawner to represent Highway Hut Bar at the April Board meeting. Aaron Smith gave Mr. Brawner a summary of public safety incidence responses the past couple of years, and expressed the opinion that these responses might indicate the existence of a public nuisance - please send an E-mail to taxless3@comcast.net if you wish to receive a copy of this public safety incidence responses summary.
The Board meeting adjourned at 11:05 AM.
The next meeting of the Boone County Alcoholic Beverage Board will be at 10:00 AM on Wednesday April 6 in the Lebanon Municipal Building.
February 3, 2016, Meeting
Board members in attendance were Jeremiah Gillam (Indiana State Excise Police Officer), Rick Hale, and Bill Sutton – Bob Miller was absent.
Permits for the following establishments were unanimously renewed for two years because there were no alcohol violations: American Legion Post 113 (Lebanon), Marsh Drugs (Zionsville), Morrison Senior Living, Rosie’s Place (Zionsville), Village Pantry (Lebanon), Warehouse Sports Bar & Grill (Lebanon).
A new application to transfer a restaurant permit ownership was approved 3-0 for the Boone County Jail Restaurant (104 W. Washington Street in Lebanon). A 9,000 square foot restaurant is separated by a wall from an on-premises distillery. The restaurant will be open from 11:00 AM to 11:00 PM, and a bar will be open until 2:00 AM. There will be new restrooms, and the tunnel to the Courthouse has been blocked. No questions were asked to determine if the owners plan to satisfactorily implement the state’s required server training program.
A new permit application was approved 3-0 for the Noble Order Brewing Company (98 S. Main Street in Zionsville). There will be a 2,900 square foot tasting room bar with a 71 person capacity. No food will be prepared on the premises. The establishment will be open 7 days a week, until midnight on Friday and Saturday. There will be 7 employees, and the owners stated they understand the state’s server training requirements. The associated combination winery and brewery is located in Richmond, Indiana.
New permit applications for Big Red Liquors (Thorntown) and GetGo (Zionsville) were continued to the March 2 meeting because the owners were not present.
The permit renewals for the following establishments were continued to the March 2 meeting because the owners were not present: Highway Hut Bar (Lebanon), L A Cafe (Whitestown), The Trophy Club (Lebanon). Each of these establishments had an alcohol violation.
The owners of Liang’s Asian Cuisine (69 Boone Village Shopping Center in Zionsville) were present for a beer and wine permit renewal. There was a November 10, 2015, violation for furnishing alcohol to a minor. A kitchen helper without a server permit was filling in for a sick employee and served alcohol to a minor. The owners provided records verifying that all employees have a server permit and have completed the server training program. No servers are under the age of 21, and there is no alcohol carry out.
The following Liang’s Asian Cuisine remonstrance was presented to the Board: My name is Aaron Smith. I reside within Boone County at 2625 Countryside Drive in Lebanon. I request that this Board recommend to the Indiana Alcohol & Tobacco Commission that the permit renewal application for Liang’s Asian Cuisine LLC be disapproved if the Board determines that the applicant has not satisfactorily implemented the server training program required by Indiana Code 7.1-3-1.5-13. Our Indiana State Excise Police issued a violation to the applicant for having furnished alcohol to minors, and failure to satisfactorily implement the required server training program is an indication that the applicant is not of good moral character. Strict adherence to our alcohol sale regulations is necessary to help prevent underage drinking and its often tragic aftermath.
The Board determined that the owners of Liang’s Asian Cuisine have made a good faith effort the past month to meet state’s server training requirements. One Board member expressed the opinion that management misjudgments are not a moral consideration. The Board voted 3-0 to approve a one-year permit renewal. A Board member commented that a one-year renewal (in lieu of a two-year renewal) constitutes an “informal probation.”
The Boone County Alcoholic Beverage Board seems to be giving more attention to whether or not permit owners are properly meeting the states server training requirements to help prevent furnishing alcohol to minors and overserving inebriated customers.
January 6, 2016, Meeting
The Boone County Council appointee was not present for the this meeting of the Boone County Alcoholic Beverage Board.
The three retailers Bijou, Friendly Market, and Whitestown Marathon were on the January 6 meeting agenda of the Boone County Alcoholic Beverage Board for permit renewals. The permit renewal results for these three retailers are listed next. The Alcoholic Beverage Board had three renewal options: renew for two years, renew for one year, and denial.
Friendly Market (2120 N. Lebanon St., Lebanon). The August 6, 2015, violation for furnishing alcohol to a minor was committed by a member of the family leasing the convenience store while working as a sales clerk. The sales clerk asked the purchaser’s age three times without asking for an identification card, and the purchaser indicated she is 19 years of age all three times. After remarking to the purchaser that she needs to learn to correctly answer questions about her age, the sales clerk entered an incorrect date of birth in the cash register and made the sale to the minor. In spite of the flippant attitude exhibited by the store management leasing the store, and with no real assurances from the store owner that improved management practices are in place, the Alcoholic Beverage Board voted 3-0 to renew the store owner’s beer and wine permit for one year. It was also indicated during the meeting that the store owner’s request to have his permit transferred was denied by the Board last year.
Bijou (111 W. Main St., Lebanon). The Bijou restaurant owner indicated that the May 28, 2014, and December 2, 2015, violations for furnishing alcohol to a minor were his first violations in 15 years; however, the violations were issued during the only two times the Bijou has been visited by the Indiana State Excise Police! Both violations were issued because the Bijou owner served a Coors Light to an underage patron. Remarkably, the owner stated that he had an “error in my thought process” in believing that he could serve Coors Light to patrons 19 years of age. In addition, at the time of the second violation, the owner asked the adult Indiana State Excise Police officer with the underage patron if she was an Alcohol, Tobacco, and Firearms agent (the federal ATF has no jurisdiction in state alcohol law matters) – apparently in a supposedly humorous attempt to avoid “entrapment” for serving a minor. The owner’s disregard for the state’s alcohol regulations is further indicated by the fact that the owner has never completed the required server training program. In spite of the owner’s persistent disregard for the state’s alcohol regulations, the Alcoholic Beverage Board voted 3-0 to renew the restaurant owner’s beer, wine, and liquor permit for one year.
Whitestown Marathon (6378 Crane Dr., Whitestown). The beer and wine permit for Whitestown Marathon was transferred to the current owner on July 1, 2015, by a 3-1 vote of the Alcoholic Beverage Board in spite of considerable concerns expressed by the the Indiana State Excise Police Officer regarding a May 12, 2015, violation for furnishing alcohol to a minor. A second violation for furnishing alcohol to a minor occurred on October 15, 2015, when a new sales clerk who had been on the job a total of one hour sold alcohol to a minor without asking for an identification card. The owner’s explanation that the underage sale “just happened at a bad time” was particularly insufficient since the owner has never completed the required server training program. The owner has lived in Arizona since June 2015, and was a truck driver prior to operating and owning Whitestown Marathon. In spite of the blatant managerial inadequacies revealed by the multiple violations for furnishing alcohol to minors, the Alcoholic Beverage Board voted 3-0 to renew the convenience store owner’s permit for one year.
One Alcoholic Beverage Board member stated that he is reluctant to impair the sales revenue of permit owners by suspending or revoking permits. Another member lost track of which agenda item was under consideration, and seemed to focus most clearly on cheerfully wishing the various permit owners Happy New Year.
It is disturbing that our Boone County Alcoholic Beverage Board APPEARS to favor vested interests who profit from alcoholic beverage permits by having a considerable laissez-faire attitude about selling alcohol to minors. Adherence to stringent alcohol sale regulations is necessary to help combat the scourge of underage drinking and its often tragic aftermath.
December 2, 2015, Meeting
Guru Kirpa Petroleum (6378 Crane Dr., Whitestown) was again on the Boone County Alcoholic Beverage Board agenda to have its Grocery Store Beer & Wine Dealer permit renewed. It was noted that Whitestown Marathon was cited on October 15, 2015, for a second violation of furnishing alcohol to a minor and failing to mandatorily card alcohol purchasers under 40 years of age in appearance ($500 total fine). The Whitestown Marathon permit renewal was continued to the January 2016 Alcoholic Beverage Board meeting because the Guru Kirpa Petroleum owner was not in attendance (only the Whitestown Marathon manager was at the December 2 meeting).
The Whitestown Marathon was the only Boone County location to be issued multiple 2015 violations for furnishing alcohol to a minor.
The Boone County Sheriff’s Office provided Whitestown Marathon CAD
Statistics for the time period January 1, 2015, to December 15, 2015. The event
description breakdown for incidence responses by the Whitestown Police
Department, Boone County Sheriff’s Office, Zionsville Police Department,
Zionsville Fire Department, Lebanon Police Department, Boone County EMS, and
Bob’s Towing is as follows:
3 Drunk Driver
7 Disabled Vehicle
3 Hit & Run / PD
1 Locked Vehicle / Unoccupied
3 Slide Off
3 Speeding / Reckless Driving
8 Traffic Stop
8 Vehicle Collision / PD
2 Suspicious Activity
2 Suspicious Person
3 Suspicious Vehicle
1 Domestic Disturbance
1 Harassment
1 Juvenile Problem
2 Sexual Offense
5 Theft
1 Abdominal / Back Pain
1 Chest Pain
2 Head Injury / Neurological
2 Injured Person
3 Overdose
4 Seizure
33 Assist A Person
1 Domestic Standby
1 Escort
1 Public Assist / FD
1 Recover Article
2 Solicitor
1 Warrant Service
4 Welfare Check
2 Code Enforcement / Fire Inspection
112 TOTAL Whitestown Marathon Incident Responses
For comparison purposes, the Boone County Sheriff’s Office also provided
CAD Statistics for the time period January 1, 2015, to December 15, 2015, for
the Speedway convenience store at 1335 S. Lebanon Street located next to
Starbucks and across the street from Wendy’s at I-65 exit 139. The event
description breakdown for incidence responses by the Lebanon Police Department,
Boone County Sheriff’s Office, Lebanon Fire Department, Zionsville Police
Department, Boone County EMS, Indiana State Police, DNR, and Bob’s Towing is
as follows:
3 Drunk Driver
3 Drug
1 Abandoned Vehicle
1 Disabled Vehicle
1 Locked Vehicle / Unoccupied
1 Parking Problem
3 Person Locked In Structure / Vehicle
3 Road Hazard
2 Speeding / Reckless Driving
11 Traffic Stop
12 Vehicle Collision / PD
3 Suspicious Activity
7 Suspicious Person
9 Suspicious Vehicle
3 Battery
2 Criminal Mischief
1 Domestic Disturbance
1 Fight
2 Fraud
1 General Complaint
2 General Disturbance
1 Harassment
1 Theft
1 Threats
1 Trespassing
2 Diabetic Problem
1 Headache
4 Unconscious Person
4 Assist A Person
1 Dog Call
1 Escort
1 Recover Article
1 Trash Dumping
1 Warrant Service
1 911 Hang Up
93 TOTAL Speedway Incident Responses
The bottom line is that the public traffic at Boone County convenience stores is such that considerable use is made of public safety resources to respond to various incidents. Convenience stores are a focal point for underage drinkers. Adherence to stringent alcohol sale regulations by convenience stores is necessary to help combat the scourge of underage drinking and its often tragic aftermath.
The Guru Kirpa Petroleum permit renewal for Whitestown Marathon is on the agenda for the Wednesday January 6 meeting of the Boone County Alcoholic Beverage Board (10:00 AM on the second floor of the Lebanon Municipal Building). It is sincerely hoped that the repeat violations of furnishing alcohol to a minor will receive very careful consideration – a boys-will-be-boys attitude is unacceptable when it comes to the decision whether or not to renew the Whitestown Marathon Grocery Store Beer & Wine Dealer permit.
July 1, 2015, Meeting
The Boone County Alcoholic Beverage Board heard a request from Guru Kirpa Petroleum to approve the transfer of a Grocery Store Beer & Wine Dealer permit from See USA LLC. The specific location for this license transfer request was the Whitestown Marathon convenience store (6378 Crane Drive, Whitestown, IN 46075) located next to Cracker Barrel and Starbucks just off Whitestown Parkway at I-65 exit 130. Attending the July 1 hearing were the Guru Kirpa Petroleum owner, the Whitestown Marathon manager, and the See USA LLC President. A topic of considerable discussion was a May 12, 2015, Whitestown Marathon violation issued by the Indiana Excise Police for furnishing alcohol to a minor, acting without an employee permit, and employment of minors ($550 total fine).
See USA LLC still owned the Whitestown Marathon property on July 1. However, Guru Kirpa Petroleum was operating and managing Whitestown Marathon at the time of the May 12 violation for furnishing alcohol to a minor. The See USA LLC President had hired the underage son of a friend, who was then cited on May 12 for selling alcoholic beverages to one of his underage friends. The Guru Kirpa Petroleum owner (whose prior business experience involved truck driving) “argued” with the Indiana State Excise Police Officer when the violation citation was issued on May 12. Even though the Guru Kirpa Petroleum owner indicated that he no longer hires anyone under the age of 21, the owner was still somewhat argumentative during the July 1 public hearing of the Boone County Alcoholic Beverage Board. After considerable discussion, the Alcoholic Beverage Board voted 3-1 (the Indiana State Excise Police Officer voted no) on July 1 to approve the Grocery Store Beer & Wine Dealer permit transfer and give the Guru Kirpa Petroleum owner a “second chance.” It appeared the Alcoholic Beverage Board members were familiar with the See USA LLC President, and his public hearing testimony seemed to be a significant factor in the license transfer decision. It was disappointing that an Alcoholic Beverage Board member made a public reference to a boys-will-be-boys anecdote after the license transfer was approved.
Watchdog Indiana Home Page
Watchdog Lebanon Home Page
This page was last updated on 01/04/17 .