Alcohol Tobacco Commission Approves Number Of Permit Renewals
Posted
David Slone-dslone@timesuniononline.com
Thirteen alcohol permits received approval for renewal from the local Alcohol Tobacco Commission Thursday, including one that had been continued several times due to the death of the license holder.
The Kosciusko County commission is a recommending body to the state board which gives final approval on all permits.
At the Aug. 4 Kosciusko Alcohol Tobacco Commission meeting, they tabled the permit renewal with a violation for Port Winona LLC, formerly known as Port Winona, 807 E. Canal St., Winona Lake, to Thursday’s meeting. It was the fourth time it had been tabled, but permits generally aren’t tabled more than three times. Excise officer April Tackett said at the August meeting that they could make an exception for a fourth continuance because owner Jim Zachary died in 2021 and his survivors have been making progress on getting the paperwork in order.
At Thursday’s meeting, Daniel K. Zachary, Jim’s father, said he was the personal representative for the James D. Zachary estate. Jim held the original Port Winona LLC permit, he said.
“I’m here today to try to renew, either in the name of the estate so that I can transfer that to the sole heir, which is Haley, my granddaughter, or, as a part of the renewal, just transfer it directly to her,” Daniel explained.
He said he thought he resolved all the issues that the county had, but asked the Commission if they were aware of any other requirements that need to be met for the renewal.
Tackett said the first thing for the renewal was that Daniel needed to fill out an escrow form because if the permit is renewed it has to go into escrow because there’s no building to put the permit in yet.
“Once you would get a building, then you can just take it out of escrow. You can leave it in escrow up to five years,” she said.
Whatever name the license is in through the courts or legal representation, Tackett said if he wanted to put the permit into someone else’s name, he will have to do a transfer of ownership.
“Since you are the representative for the estate, they may let you just do a disclosure of interested parties form, making you 100% owner, or whoever. You’re the representative. So it just depends on how the ATC will let you do that,” Tackett told him.
Because the permit renewal before the local Commission Thursday had a violation, she asked Daniel if he had any dealings with the ATC since it got into his name. Daniel said the permit was still in Jim’s name, not even the estate’s name. He said he’s had conversations with the agency, as well as the Department of Revenue, but what they said didn’t make sense because of timing. He said the Revenue representative was supposedly going to talk to the ATC.
Tackett said if there are state problems with the Department of Revenue, the local Commission could still hear the renewal and the permit, if approved, would still be on hold until everything works out with the Department of Revenue.
She also said the violation for the permit would need to be worked out with the state, which could include a fine.
Tackett said she would work with Daniel on getting everything with the ATC?worked out.
Commission member Alan Alderfer made a motion to approve the permit renewal, and member Dan Woods seconded it. It was approved 4-0.
Permit renewals without violations approved Thursday included:
• Aldi (Indiana) LP, doing business as Aldi #38, 945 N. Parker St., Warsaw, beer and wine dealer, grocery store.
• Bar 13 LLC, dba Bar 13, 131 N. First St., Pierceton, beer, wine and liquor, restaurant.
• Boathouse Restaurant Inc., dba Boathouse Restaurant, 700 Park Ave., Winona Lake, beer, wine and liquor, restaurant.
• Bulldog Saloon Inc., dba The Bulldog Saloon, 101 E. Main St., Mentone, beer, wine and liquor, restaurant.
• Dolgencorp LLC, dba Dollar General Store #19834, 8919 E. Black Point Road, Syracuse, beer and wine dealer, grocery store.
• Dolgencorp LLC, dba Dollar General Store #20445, 4739 N. Ind. 13, Leesburg, beer and wine dealer, grocery store.
• Emme Designs, dba Board and Brush Warsaw, 210 S. Buffalo St., Warsaw, wine retailer, restaurant.
• Family Express Corporation, dba Family Express #79, 109 W. State St., Etna Green, beer and wine dealer, grocery store.
• Fortune 1 LLC, 2519 E. Center St., Warsaw, beer, wine and liquor, hotel.
• Freeland Enterprises Inc., dba Pizza Hut, 3314 Lake City Hwy., Warsaw, beer and wine retailer, restaurant.
