Wick’s Pizza opening in New Albany pushed back to fall, by Daniel Suddeath (News and Tribune).
The owner of Wick’s Pizza Inc. said it will likely be the end of September when the Louisville-based restaurant chain opens its New Albany location.
Getting a state liquor license has been the holdup, according to owner Michael Wickliffe, as he originally eyed a late summer opening date for a New Albany Wick’s.
The restaurant will fill the former Speakeasy bar and jazz club building at 225 State St. Located within a historic district, Wick’s is eligible for alcohol permits designated for the riverfront area, of which there are only a certain number allotted for New Albany.
The Speakeasy’s permit was voided after it closed. The permits cost $1,000 plus an annual renewal fee.
Mayor Doug England said administration helps restaurants seeking permits by petitioning the state on behalf of the establishment.
“What we’re trying to do is spur the economy,” England said, adding that when New Albany’s permits run out, he plans on asking the state for more than what was originally portioned, similar to Clarksville.
Here's the confusing part for me: I spent a good twenty minutes this morning reading the Indiana code (something I wouldn't recommend to anyone interested in preserving his or her sanity), and I still cannot see the relationship between the number of permits (10) permitted in a historic district defined by fairly esoteric criteria (the presence of an opera house?), and the subsequent passage detailing the riverfront development area guidelines.
The riverfront development passage does not refer back to the historic district description, and by my reading, I can't see that there is a limit on the number of three-ways. But I don't doubt that City Hall is on top of it, either. Perhaps this is the reason why the Brewers of Indiana Guild retains an attorney to interpret, although I don't want to squander the retainer asking him the answer because it doesn't matter that much.
It's my guess that by autumn, downtown is going to somewhere near a practical limit for establishments vending alcoholic beverages. Maybe not, and there's still room for a martini bar and port lodge.
I know we have lawyerly readers, and if you're one, are you reading the Indiana codes the same way as I am?
These seem to be the relevant passages:
IC 7.1-3-20-16
Airport restaurants; restaurants in certain economic development areas; redevelopment projects or districts, historic river vessels, cultural centers, historic districts
IC 7.1-3-20-16.1
Municipal riverfront development project; alcoholic beverage permit requirements
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ReplyDeleteIC 7.1-3-20-16 permits numerous ways to get around the alcohol permit limit, including:
ReplyDelete(d) The commission may issue a three-way, two-way, or one-way permit to sell alcoholic beverages for on-premises consumption only to an applicant who is the proprietor, as owner or lessee, or both, of a restaurant:
(1) on land; or
(2) in a historic river vessel;
within a municipal riverfront development project funded in part with state and city money. A permit issued under this subsection may not be transferred.
Section (g) allows, after June 30, 2005, 10 licenses in certain historic districts. It doesn't appear to affect the licenses in a municipal riverfront development under (d).
IC 7.1-3-20-16.1 describes how to establish a riverfront district:
Municipal riverfront development project -- Permit criteria -- Proof of compliance.
(a) This section applies to a municipal riverfront development project authorized under section 16(d) [IC 7.1-3-20-16(d)] of this chapter.
(b) In order to qualify for a permit, an applicant must demonstrate that the municipal riverfront development project area where the permit is to be located meets the following criteria:
(1) The project boundaries must border on at least one (1) side of a river.
(2) The proposed permit premises may not be located more than:
(A) one thousand five hundred (1,500) feet; or
(B) three (3) city blocks;
from the river, whichever is greater.
[... and so on - nothing about 10 licenses]
Title 905, Rule 47 of the Indiana administrative regulations apply to this section of statute, and it doesn't contain a 10-license limit.
So, I'm not sure where it is coming from, unless the local ATC board, in its discretion, will only permit 10 as a matter of course. It looks like they are authorized for an unlimited amount.
This certainly isn't my area of legal expertise, so I hope someone with some insider knowledge about how the ATC interprets things can chime in.