Continuously serving Kosciusko County since 1854
Not only was it unclear if the location where Robert T. Carter wants to establish a bar in Mentone even qualifies, but his past history with escrowing permits and remonstrating against others seeking alcohol licenses in the town led the Kosciusko County Alcohol Tobacco Commission to table his application Thursday until their April 2 meeting for “further investigation.”
Carter applied for a new beer retailer - restaurant license at 206 W. Monroe St., Mentone.
Asked by Excise Officer April Tackett what the principle nature of his business was, Carter responded, “I’m getting to the age where I’m going to retire. So, I’ve been associated with The Bulldog, but I want to downscale what I’m going to do.”
At The Bulldog, he said he has over 16 employees, the payroll and “all that.” With the new business, he said he wanted to go with a speakeasy theme with a limited capacity of 25 to 40 people and where he could be the only employee. Carter presented the commission members with his “vision” for it, which has an old 1952 Chevy panel truck as the entrance to the bar. The bar would only offer cans and bottles and no draft beer. The menu would be very limited, such as frozen pizzas.
“I just don’t want a full-blown huge kitchen and staff. I want to be behind the bar, serve the customers and cook. Basically a one-man show,” Carter said.
Tackett asked him what his timeframe was for all of it. Carter made himself a list of items he needed to get done - which he provided copies of to the commission - with his first call being to the state fire building inspector, Josh Phillips, because he thinks he will need to do a construction design release.
“I’m looking at 16 to 18 months. I think that’s what I put on my application, realistically, to get up and running,” Carter said. “We’re taking an existing building, completely revamping it into a bar.”
He said he would know more after Phillips looks at it. “I can give updates, too.”
“Well, you have to do that,” Tackett said. “... If a permit goes into escrow, that goes through the ATC and the commissioners approve those on a single basis.”
She then told him, “Well, the big issue I’m having here is you being a remonstrator to somebody else’s business and then deciding you all of a sudden want to open up a business.”
Carter said he could see that.
On Jan. 8, the Kosciusko ATC denied alcohol license applications for The Pug Pub LLC, 102 E. Main St., Mentone, which the state board later upheld. The reason for the denial was the building’s closeness to a church, which Carter cited when he remonstrated against The Pug Pub.
Tackett asked Carter Thursday if he had a past with the ATC regarding alcohol licenses besides The Bulldog, as far as revocation hearings. Carter said he didn’t know what a revocation hearing was.
“Have you kept a permit in escrow for more than five years and had to go to a revocation hearing where they made you either get rid of it or sell it?” Tackett asked.
When he verbally didn’t answer, Tackett said a revocation hearing for him was supposed to be on Jan. 16, 2019, but got changed to Jan. 24, 2019. “That is when the ATC told you to get rid of a permit or it was going to be revoked,” she said.
Carter said he had one in escrow that his daughter got, but he never had any hearing. Tackett said on Jan. 16, 2019, Carter was supposed to show up for the hearing, but didn’t - he called and said he couldn’t get there because of icy roads. The hearing was changed to Jan. 24, 2019, but by then Carter had transferred the permit to someone else.
“That still has nothing to do with the question of, have you ever had a revocation hearing or do you have a past of holding permits in escrow?” Tackett asked. “So what is the answer to the question of, do you have a past holding permits in escrow until you get them either transferred or revocated by the ATC?”
“Yes, I do,” Carter answered.
Tackett said the permit she was referring to was an auction permit, which was why it was “pending location” the entire time. During that entire six years, Tackett asked Carter if he ever made the permit active before transferring it. Carter said he hadn’t.
Tackett asked him how do they know if the building is commercial or residential, or that it can even have a permit in it.
“That was my first move from here, to go to Josh, building inspector/fire marshal for the state,” Carter replied.
“So, by applying for this alcohol license, you have no idea if it’s even legal for you to have it in this address?” Tackett asked, and Carter responded, “Correct.”
He said if he found out it wasn’t legal, he’d fill out an escrow form for it. Tackett reminded him that he had already filled it out for escrow because he wasn’t opening.
There were no remonstrators at the meeting who spoke up against the new permit application.
Commission member Dan Woods asked if they could say yes to the application with a one-year reappearance by Carter. Tackett said they could, but “we’re not the ones who approve escrow. So, we can approve it with a one-year appearance and get a status report just like what they would turn in to the ATC, but that’s really all we can do. Those status reports every six months go to the ATC commissioners and they’re the ones that approve those. We just approve or deny the actual license here.”
Tackett told Carter, “I think if you had any intentions of making this permit active, you would know if the place you’re going to put the permit is even legal.”
Carter said the town says it’s good, and where it’s at is in an industrial area.
“That brings up another question,” Tackett said. “If you had a permit in escrow for over five years, and you basically had to use it or lose it, what was the reasoning for never opening that again?”
Carter said at that time, they were trying to find a building on Main Street instead of off the beaten path. Tackett said Carter already owned the property on Monroe Street where he’s trying to put the new business on, but “that property wasn’t good enough to put one in?” Carter said he was working out of it then, but he’s not working out of it now.
Woods said, “I guess the only thing that worries me is if we say yes, then that pretty much starts the process for the escrow forever.” Tackett said for at least five years.
If the commission denies Carter’s application, he can’t reapply for a license for a year, if one is available. If Carter were to voluntarily withdrawal his application, then it’s a “wash” and he can reapply whenever he wants if a license is available.
Woods said part of him understands that Carter is ready to slow down, but another part of him says, “It’s a great way to have a monopoly in Mentone by keeping another liquor establishment out of town. The Bulldog doesn’t need that, it’s got its clientele. I’m just caught there between five years of tying it up and not allowing anybody in town (to have it).”
Tackett asked about the Mexican restaurant in Mentone that everyone was so concerned about. Carter said that’s who he was trying to help, but they closed up shop. There’s a “For Rent” sign on the building now.
Tackett said, “Well, I don’t see that you even qualify for this permit if you don’t know that you can have a business in this building. What you can’t do directly, you can’t do indirectly.”
She made a motion to continue the license application to the April 2 meeting at 1 p.m. in the old courtroom of the county courthouse “for further investigation on my part and further work on your part.”
