By Liz Shepherd
InkFreeNews

INDIANAPOLIS — The state’s Alcohol and Tobacco Commission voted to deny an alcoholic beverage permit renewal for The Barbee Landing in Warsaw during a meeting on Wednesday, Jan. 20.

Kosciusko County’s local ATC board moved to deny the permit renewal during a Jan. 7 meeting, with family members of a deceased Indianapolis man attending the meeting in opposition of the renewal.

At about 5 a.m. Sept. 2, 2019, 20-year-old Ty Sawyer Lee Brown was found dead along McKenna Road. Two hours prior to that, Brown was seen on video surveillance walking away from The Barbee Landing alone. Kosciusko County Coroner Tony Ciriello ruled that Brown’s death was accidental due to a subdural hematoma after apparently falling and striking his head.

Ciriello said Brown was likely struck by a vehicle after he had fallen. Toxicology results also indicated Brown had a blood alcohol level of 0.21.

In the local board meeting, Joel Stein, the restaurant’s owner, explained the citations The Landing received following the incident. The violations included allowing a minor to loiter and failure to maintain a high and fine reputation. The business’s permit was also suspended for five days, with owners having to pay a $1,000 fine.

The state commission’s decision is not final.  Applicants can request an appeal. Upon appeal, a hearing judge will hear the case and submit findings of fact to the commission. The state commission will then consider the case and move to either approve the renewal or deny it.

State ATC Chairman David Cook said the commission received a change.org petition from Rachell Holston with approximately 1,800 signatures in support of issuing the renewal.

Cook said the petition was not presented to the local ATC board and that the petition does not clearly state its purpose.

“The petition only contains typewritten names and cities, not addresses,” said Cook. “The petition also contains names and cities outside of the local Barbee Lakes area, many of which were even out-of-state. A determination has been made that that is not a valid petition in support of this renewal and will not be considered by the commission.”

State Commissioner Marjorie Maginn recalled the Labor Day weekend incident and provided details for those present at the virtual meeting. She said Brown used an out-of-state fake identification at the establishment. Maginn also said video surveillance at The Barbee Landing does not cover the entire restaurant and does not detail when Brown’s identification is checked.

“Regardless, the BAC…he was definitely way past legal limits and underage,” said Maginn.

Maginn also noted multiple remonstrators against the renewal at the local board meeting.

“I don’t believe they’ve (Barbee Landing) had any other significant violations,” said Maginn. “But the remonstrators’ testimonies were overwhelming to me that enough was not done to stop (Brown) from getting into this bar and for drinking that night at that location. I don’t see any reason to overturn the denial.”

All members of the state commission moved to deny The Barbee Landing’s renewal.