Showing posts with label temporary food serving permits. Show all posts
Showing posts with label temporary food serving permits. Show all posts

Wednesday, December 02, 2020

ON THE AVENUES: PourGate (the Great Beer Pour War of 2013): "Kneel and Kiss My Ring, You Degraded Alcoholic."


Last evening (1 December 2020) two of three Floyd County Commissioners declined to certify another four-year term for Dr. Thomas Harris as county health officer. 

John Boyle has the story at 89.3 WFPL, noting "none of the three commissioners, all Republicans, discussed the matter before the vote, and all have been vague about their reasoning to move away from Harris, the county’s top health official."

Speaking for myself, I've no complaints about Dr. Harris's handling of pandemic-related. He may have done too little, but that's a result of the right wing's hold on state government; doing anything at all in a proactive sense during a public health emergency automatically placed Harris far above every other county and city official of either major political party in this miserably reactionary vicinity.


Yet again, a complete lack of transparency and openness on the part of local elected officials means we must read tea leaves as to the whys and wherefores, but there is one scenario that might rationally explain the tight lips of the commissioners, and this is the expectation of a lawsuit (or multiple lawsuits) against the county pertaining to the workplace environment at the health department. 

This has been a persistent rumor for a long time, and allow me to stress that while there is no proof, such an eventuality would justify the prevailing reticence. As a caveat, let it be understood that none of this is to be construed as criticism of the front line health department workers. The shop floor is working hard. As oft times before, we speak here of upper management's inadequacies, and the buck stops with Dr. Harris.

Recalling the dominance of the Republican Party in Floyd County government, as opposed to Democratic Party control of the city of New Albany, the Green Mouse asked around and was told in essence that behind-the-scenes factions have been applying pressure for Dr. Harris' removal. 

At the risk of oversimplification, these factions comprise a center-moderate wing (yes, it does exist) with at least one candidate in mind, and the lunatic fringe of pandemic-denying Trumpist idolatry (you KNOW they exist). The position of the commissioners seems to be that whomever is inserted into the job by the health department's board will pay sufficient heed to COVID automatically, as if by magic, leaving them to juggle factions and tend to their own warring power elites.    
So it goes, and here we are. I've expressed support for Dr. Harris, and see no reason to backtrack, but now it's moot. More than one reader expressed shock and amazement with regard to my advocacy of Dr. Harris amid this politics-first kerfuffle, no doubt recalling PourGate, the Great Beer Pour War of 2013, when he tried to grab authority that wasn't his for the taking, and was rebuffed at every level of state government, rightfully so. 

Let's revisit.

On June 14, 2013, the New Albanian Brewing Company was peaceably vending beer at Bicentennial Park, by means of a supplemental catering permit issued by the company's governing agency, the Indiana Alcohol and Tobacco Commission.

The Floyd County Health Department arrived and said that NABC also needed a temporary food serving permit.

I said no, that's entirely incorrect. They persisted and a two-year-long struggle commenced. For a complete compendium of NAC links telling the excruciating story of PourGate, go here:

May 20, 2015: PourGate 2013: It took two years, but this new law silences Dr. Tom Harris and the Floyd County Health Department.

It's all plague under the pustules now, but don't be surprised if this inscription appears on my tombstone: "He Helped Vanquish the Health Fascists in the Great Beer Pour War, Then Died Anyway, Just Like Everyone Else."

To connect PourGate with the current situation, especially the recurring gossip about Dr. Harris' management style, here's a reprint of what remains the single most read "guest column" in the blog's history (August 1, 2013). Say what you will about my reputation for stridency, but the fact is that I can have a conversation with just about anyone on any side of this or the other divide. 

Except Dr. Harris. Insert "shrugging" emoji here.

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ON THE AVENUES:  "Kneel and Kiss My Ring, You Degraded Alcoholic."

A weekly column by Roger A. Baylor. Today's guest columnist is Dr. Thomas Harris.

In the interest of fairness, I've invited Dr. Tom Harris, much decorated generalissimo of the Floyd County Health Department, to write this guest column offering his side of the recent unpleasantness. Looking at the whole situation dispassionately, Dr. Harris and I have quite a lot in common. Both of us were born, grew up, went to school, and received college degrees. I'm a professional in my field, as he is in his. In fact, it is to be imagined that we undulate, conjugate, ejaculate and defecate in similar ways, if not exactly the same -- unless, of course, he’s a space alien, and he is, and so the following is satire, pure and simple.

If you assume I’ll begin this essay by thanking a lowly brewer for affording a rebuttal to his serial insolence, think again.

One should never assume -- you'll make an ass out of yourself, certainly not me, because after all, I'm a doctor. The grandeur of my medical world view inevitably comes with the position, i.e., the rarefied territory of my critical role as guarantor of public health and safety.

The rest of you should just get the hell out of my way.

Let's get right down to brass tacks. Baylor, how dare you suggest that beer and brewing constitutes a “profession” in the same sense as a board-certified emergency medical pioneer like me. Every single day, our trained medical elites soothe suffering and save lives.

And you? You slouch at the tavern, sink into your cups, ruin your liver and foster bitterness toward those laudable over-achievers who possess my skill set and sheer dedication to public health and safety – whether the public understands any of it or not.

Because they seldom do, and mine is a tireless task, indeed.

It probably has escaped your notice, since not one of you care very much about public health and safety, not to mention your own disgusting standards of personal hygiene, but vast numbers of our fellow Americans are clueless sheep wallowing in a medieval squalor of bacteria. If not for the efforts of selfless heroes like me, you'd doubtless be bathing daily in your own raw sewage.

You really must see yourselves some time. Your filthy, germ-ridden body parts hang flabby and exposed from inadequate, scant clothing. You continue to smoke cigarettes even after we kicked you outside. You have sex before you’re married, refuse to use condoms, decline to exercise, and “dine” regularly on Big Gulps and Fritos. Any of you ever met a whole fried chicken, deep-fried Twinkie or fat-laden burger you wouldn’t stuff by the dozen into your gaping pie holes? I didn’t think so.

We try our best to ban all these substances that hurt you, but do you thank us? No, you just keep babbling about your right to determine your own destiny and live your own lives, as though we can tolerate free will when pathogens are everywhere. What have we become in America, a nation of philosophers?

And when it comes to the crux of the recent episodes, and why on earth we’d need anyone’s permission at all to regulate temporary beer pouring or any other activity deemed appropriate for saving you from yourselves, has it ever occurred to any of you that all of these dreadful materials you insist on ingesting are manufactured by food producers with an even lower opinion of you than me?

Furthermore, they have absolutely no respect for us as regulators and preservers of public health and safety. Every single one of those restaurants, lunch counters, taquerias, hot dog stands, food trucks, bistros and sushi joints bring in money hand over fist.

Do you think for one moment that local government funds the health department the way ordinary people throw money at some guy wrapping bacon around a cream puff? Not that local government has any money, because a lower tax burden is better for all of us, and the more golf you play, the more you know that if not for the GOP, we’d have even less funding for inspections. But we’re all white folks here, and I needn’t remind you of your obligations.

That’s what galls me about my own health department board being all namby pamby and saying Baylor doesn’t have to pay fees for his temporary permits.

When I said during the hearing that money doesn’t matter, what I meant was that I know far better how money matters and doesn’t matter than any of you cretins. As without doubt the leading element in society, we doctors are in the best position to make such judgments, and that’s why this whole shakedown started, anyway, because if New Albany’s mayor says it’s okay for ambulances to go to any hospital, and not be forced to use Floyd Memorial, then how’re we going to maintain the monopoly … er, I mean the monopoly on public health and safety, of course.

Why can’t you pathetic maladroit plebes grasp what I’m telling you? After me, it’s the deluge. You prattle on and on about answers, and how you’re entitled to the truth about the health department’s comprehensive program to control what goes down your gullets, so let me tell you something.

You can't handle the truth!

Baylor, we live in a world that has walls, and those walls have to be guarded by men with syringes. Who's gonna do it? You? Lee Cotner? I have a greater responsibility than you can possibly fathom. You weep for the ATC, and you curse the health care supermen. You have that luxury. You have the luxury of not knowing what I know -- that my random personal opinions about food safety, while unsupported by Indiana law or precedent, saves lives; and my existence, while grotesque and incomprehensible to you, saves lives.

You don't want the truth because deep down in places you don't talk about at beer parties, you want me on that wall -- you need me on that wall.

We use words like "honor," "that’ll be $20," and "superior intellect." We use these words as the backbone of a life spent defending something. You use them as a punch line.

I have neither the time nor the inclination to explain myself to a drunkard who rises and sleeps under the blanket of the very public health and safety that I provide and then questions the manner in which I provide it.

I would rather that you just said "thank you" and went on your way. Otherwise, I suggest you pick up some hand sanitizer and stand the post. Either way, I don't give a DAMN what you think you're entitled to!

I do the job I was chosen to … and you're god damn right I made it all up on a whim! Now, be a good little boy and obey your elders.

After all, there’s no pluralism in a foxhole, juvenile.

Sunday, May 12, 2019

Remembering the Great Beer Pour War of 2013: Bank Street Brewhouse, the Floyd County Health Department and the flight of the bureaucrats.


Last week's announcement by the New Albanian Brewing Company that Bank Street Brewhouse will close on May 25 (NABC's Pizzeria & Public House remains open, cooking and brewing) brought back many memories of BSB's ten-year run, like the time I fought the law and the law won -- but only temporarily.

In the following post from May 20, 2015 the whole story is told and a compendium of links provided. My personal favorite is this, the most-read "guest column" in the blog's (almost) 15-year history.

ON THE AVENUES: PourGate (the Great Beer Pour War of 2013) and Dr. Tom's prescription: "Kneel and Kiss My Ring, You Degraded Alcoholic."


It probably has escaped your notice, since not one of you care very much about public health and safety, not to mention your own disgusting standards of personal hygiene, but vast numbers of our fellow Americans are clueless sheep wallowing in a medieval squalor of bacteria. If not for the efforts of selfless heroes like me, you'd doubtless be bathing daily in your own raw sewage.

You really must see yourselves some time. Your filthy, germ-ridden body parts hang flabby and exposed from inadequate, scant clothing. You continue to smoke cigarettes even after we kicked you outside. You have sex before you’re married, refuse to use condoms, decline to exercise, and “dine” regularly on Big Gulps and Fritos. Any of you ever met a whole fried chicken, deep-fried Twinkie or fat-laden burger you wouldn’t stuff by the dozen into your gaping pie holes? I didn’t think so.

We try our best to ban all these substances that hurt you, but do you thank us? No, you just keep babbling about your right to determine your own destiny and live your own lives, as though we can tolerate free will when pathogens are everywhere. What have we become in America, a nation of philosophers?

I was one-third owner of Bank Street Brewhouse from incorporation in 2008 until my NABC buyout was finalized in February, 2018. In all that time, I received one paycheck for BSB. The buyout wasn't worth much more. But that's just fine, because beating The Man was worth every lost penny.

Things like that are what I live for.

It feels wonderful to have played a small role in checking the health department's 2013 over-reach and clarifying the state law to prevent other entities from launching similar shenanigans about licensing. Not only that, but our subsequent (albeit smaller) hassle with the Alcohol & Tobacco Commission's rules about the availability of food led to statutory adjustments as to what Indiana brewery taprooms can do to ease the weight of compliance with an obviously outdated standard.

If you're managing a brewery taproom and no longer are compelled to keep frozen weenies in a dorm fridge next to the microwave ... you're welcome.

State representative Ed Clere did the heavy lifting in both cases, and I'm grateful to him for this -- and to Lee and Bob for their efforts during PourGate.

In terms of writing, I think my coverage of PourGate is worthy of inclusion in NA Confidential's Greatest Hits. Kick back, pour a stiff one and don't forget the good times we had at Bank Street Brewhouse.

---

PourGate 2013: It took two years, but this new law silences Dr. Tom Harris and the Floyd County Health Department.

As it began.

On June 14, 2013, the New Albanian Brewing Company was peaceably vending beer at Bicentennial Park, by means of a supplemental catering permit issued by the company's governing agency, the Indiana Alcohol and Tobacco Commission.

The Floyd County Health Department arrived and said that NABC also needed a temporary food serving permit.

I said no, that's incorrect.

They persisted, and a two-year-long struggle commenced.

An Indiana Public Access Request was filed, and the Dr. Tom Harris and the FCHD's attorney laughed it off. NABC filed an appeal, based on a previous Indiana appeals court ruling (Ft. Wayne v Kotsopoulus; thanks, Bob) and the FCHD's board slightly moderated the department's error, but did not correct it.

The FCHD then childishly slandered NABC with a web site photo equating Bank Street Brewhouse with e coli, and NABC filed a tort claim notice. An ultimately fruitless search for adults in county government began.

They blamed it on the webmaster.

By late 2013, the Indiana Attorney General's office had agreed with NABC's reference to the court ruling, and found the FCHD to have absolutely no basis for its claim that a temporary food service permit was needed to pour beer.

The FCHD overtly and publicly stated that it would ignore this directive.


Throughout 2014, NABC and other vendors adhered to the FCHD's improvised 2013 requirement, which although amended, remained utterly baseless and without statutory authority.

Now a new summer vending season is beginning in 2015, and there is a new development.

On July 1, 2015, when a "beer bill" authored by Rep. Ed Clere officially becomes state law, it will be demonstrated for a third (and we trust final) time that the FCHD and its head, Dr. Tom Harris, were mistaken all along.

The new law is clear and explicit, as based on the two preceding legal precedents, both hitherto ignored by the FCHD.

All thanks to Ed Clere.

His hard work in compelling local government functionaries to obey their own laws will not be forgotten, especially by me.

If we lived in a culture of accountability, Dr. Tom Harris would be cashiered on July 1, 2015, when the new law takes effect. For two years, Harris and his department have made a mockery of Indiana state law and the principle of due process. For what purpose?

Following is the text of the new law. After that, there is a (maybe) complete compendium of NAC links telling the story of PourGate.

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“HOUSE ENROLLED ACT No. 1311, AN ACT to amend the Indiana Code concerning alcohol and tobacco.”

SECTION 6. IC 16-42-5-30 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]:

Sec. 30.

(a) As used in this section, "permit holder" means the holder of:

(1) a farm winery permit under IC 7.1-3-12-5; or
(2) a brewer's permit under IC 7.1-3-2-7(5).

(b) A permit holder that sells or furnishes alcoholic beverages by the glass at a festival, fair, or other temporary location authorized by the permit holder's permit under IC 7.1, is not considered to be a food establishment and is exempt from the requirements of this title that apply to food establishments, if the following requirements are met:

(1) The holder of a farm winery permit furnishes only the following for consumption on the premises, regardless of whether there is a charge:

(A) Wine samples.
(B) Wine by the glass.

The holder may not serve or furnish any food, including any fruit, condiment, flavoring, or garnish added to the wine after the wine is poured from its original container.

(2) The holder of a brewer's permit furnishes only the following for consumption on the premises, regardless of whether there is a charge:

(A) Beer samples.
(B) Beer by the glass.

The holder may not serve or furnish any food, including any fruit, condiment, flavoring, or garnish added to the beer after the beer is poured from its original container.

(c) A local unit of government (as defined in IC 14-22-31.5-1) may not require any licensure, registration, or certification of a permit holder as a condition of providing alcoholic beverages at a festival, fair, or other temporary location authorized by the permit holder's permit under IC 7.1, if the permit holder meets the requirements of this section.

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Following is as complete a compendium of links as could be mustered in an hour and a half without Roger losing his mind. I should be awarded a effing Pulitzer Prize for this. They appear in reverse chronological order.

2014

October 9, 2014: Not only that, but I even washed my hands before pressing "send."

October 6, 2014: A message to Harvest Homecoming food vendors about temporary food (and beer) service fees.

June 2, 2014: Is Hot Water More Effective than Cold for Washing Tom Harris Right Out of My Hair?

May 27, 2014: A fresh round of bald-faced lies from the Floyd County Health Department's resident Red Shirts.

April 9, 2014: Rick Fox speaks the prettiest public access language I've ever heard. Is that Mark Seabrook I hear chortling?

February 28, 2014: The Floyd County Health Department admits to being mistaken ... in only one instance, but hey, it's a start.

FALL AND WINTER 2013

December 28, 2013: In which the Floyd County Health Department ignores the Attorney General of the state of Indiana.

December 21, 2013: N and T: "State: Floyd County Health Department shouldn’t require permit."

December 11, 2013: Complete text: “Floyd County/ New Albany ordinance issue in violation of IC 7.1-3-9-2, 7.1-3-9-6″

December 10, 2013: Banner headline Tuesday, Part One: In the matter of PourGate, total and unequivocal defeat for the Floyd County Health Department.

November 16, 2013: Your PourGate update for Saturday, November 16: A waiting game.

September 7, 2013: Yo, Floyd County Health Department, your invoice is ready. Cash only, please. I'm not sure I trust your checks.

September 4, 2013: In which we learn percentages: "That minus is too low to see."

September 3, 2013: Your PourGate update for Tuesday, September 3, and a letter to the editor.

AUGUST 2013

August 27, 2013: Your PourGate update for Tuesday, August 27.

August 24, 2013: My second favorite News and Tribune reader comment yet.

August 21, 2013: Any adults in county government surface yet?

August 20, 2013: Your PourGate update for Tuesday, August 20.

August 19, 2013: My favorite News and Tribune reader comment yet.

August 17, 2013: N and T: "JEERS ... to the Floyd County Health Department ... "

August 17, 2013: These machines kill fascists, pathogens and bureaucrats.

August 16, 2013: When pressed by Eater Louisville and N and T, FCHD unable to get its story straight.

August 15, 2013: ON THE AVENUES: When the whip comes down.

August 15, 2013: Solid News and Tribune story places spotlight on the Health Department's chronic disingenuousness.

August 14, 2013: Citizen to FCHD: "I will not stand for our public officials and public departments to promote ... public bullying.

August 14, 2013: Your Wednesday PourGate Update: Health department spins the web site wheel twice on Tuesday.


August 14, 2013: GAW News: "Pride of the Dipshits (UPDATE) Floyd County Health Department."

August 13, 2013: Now the Floyd County Health Department is working to keep food safe from Roger -- not E coli.

August 13, 2013: Floyd County Health Department adds photo of handsome devil to its web site, but retains actionable photo.

August 13, 2013: A cease and desist, a tort claim notice, and Dr. Tom at large.

August 13, 2013: NABC to Floyd County Commissioners, Health Department: "This malicious activity has caused, and continues to cause, financial harm to the claimants’ businesses and corresponding reputations."

August 13, 2013: NABC to Floyd County Commissioners, Health Department: "Cease and desist."

August 12, 2013: At Eater Louisville: "Floyd County Health Department Uses Bank Street Brewhouse to set 'Foodborne Diseases' Photo Shoot."

August 8, 2013: ON THE AVENUES: The fruitless search for adults in county government.

August 7, 2013: Midweek PourGate update: What's up with the Health Department these days?

August 3, 2013: Hegemony in action.

August 2, 2013: Local citizen journalist views health department's web site retaliation and expresses revulsion.

August 2, 2013: Equal protection from health department bureaucrats? Just give that wheel a heave.

August 1, 2013: ON THE AVENUES: "Kneel and Kiss My Ring, You Degraded Alcoholic."

JULY 2013

July 31, 2013: Got trench warfare if they want it.

July 30, 2013: Clear as mud: Floyd County Health Dept. Hearing Appeals Board has many feelings, but not very much law.

July 30, 2013: Dr. Tom plays his Goebbels card. Can Neidermeyer be far behind?

July 29, 2013: Guest column: "The Health Department's Pussy Riot."

July 28, 2013: In the search for Instigator Zero, expect papers to be shredded.

July 26, 2013: NABC before the FCHD Board 4: Late breaking news.

July 26, 2013: ON THE AVENUES: NABC before the FCHD Board 3.

July 26, 2013: NABC before the FCHD Board 2: NABC's case.

July 26, 2013: NABC before the FCHD Board 1: The health department’s case.

July 25, 2013: These magic moments: Health department board, 5:30 p.m., today.

July 24, 2013: Let's see if a formal complaint will do the trick.

July 24, 2013: The hearing is tomorrow, but the Floyd County Health Department is stonewalling about its public access obligations.

July 23, 2013: Dressing up for a date with the Health Department board.

July 18, 2013: ON THE AVENUES: Sunscreen, lube, and Dr. Tom's cabin.

July 1, 2013: Where bureaucrats are bureaucrats ... and yeast are scared.

July 1, 2013: Tuneless zombie bureaucrats? These and more pesky facts at Louisville Beer Dot Com.

JUNE 2013

June 29, 2013: Democrats address "controversy" over Health Department's actions.

June 29, 2013: BicenPk concert of Jun 28: Let's just Occupy the Health Department.

June 28, 2013: Concert tonight, but the PourGate saga continues as we prepare to vend Progressive Pints under protest.

June 28, 2013: I'm a voyeur. I was there to watch the show, not instigate it.

June 27, 2013: My note to the Indiana Public Access Counselor, informing the office of my request of the Floyd County Health Department.

June 26, 2013: Health Department refers public access request to same attorney who advises commissioners -- making a full circle.

June 26, 2013: "In an effort to facilitate seemingly scant communication," my e-mail to Dr. Harris.

June 25, 2013: Isn't this an indictment of our entire American society?

June 24, 2013: Updating the Floyd County Health Department's "Beer Pour War" of 2013.

June 22, 2013: Roger has issued a Indiana Public Access request to the Floyd County Health Department.

June 22, 2013: Bureaucrats, potato chips and the need for a city health department.

June 21, 2013: Jeeebus, what a week. Here's a review.

June 20, 2013: On the song and dance routine of Dr. Tom Harris.

June 20, 2013: ON THE AVENUES: The long train of usurpations adds a caboose.

June 20, 2013: Health Department's revenue enhancement + Develop New Albany's event calendar = ?

June 19, 2013: No parking lot for bicycles.

June 19, 2013: Preview: NABC's appeal to the Floyd County Health Department.

June 18, 2013: Sentenced to county septic inspections?

June 18, 2013: No Tricentennial for DNA in wartime, unfortunately.

June 17, 2013: Food handling, panhandling and regulatory free-basing.

June 16, 2013: Another day, another Floyd County Health Department power grab.

Thursday, August 24, 2017

ON THE AVENUES: PourGate (the Great Beer Pour War of 2013) and Dr. Tom's prescription: "Kneel and Kiss My Ring, You Degraded Alcoholic."

ON THE AVENUES: PourGate (the Great Beer Pour War of 2013) and Dr. Tom's prescription: "Kneel and Kiss My Ring, You Degraded Alcoholic."

A weekly column by Roger A. Baylor.

Loyal readers, it's been four long years since PourGate, the Great Beer Pour War of 2013.

On June 14, 2013, the New Albanian Brewing Company was peaceably vending beer at Bicentennial Park, by means of a supplemental catering permit issued by the company's governing agency, the Indiana Alcohol and Tobacco Commission.

The Floyd County Health Department arrived and said that NABC also needed a temporary food serving permit.

I said no, that's incorrect.

They persisted, and a two-year-long struggle commenced. Spoiler: they lost. For a complete compendium of NAC links telling the story of PourGate, go here:

May 20, 2015: PourGate 2013: It took two years, but this new law silences Dr. Tom Harris and the Floyd County Health Department.

It's all plague under the pustules now, but don't be surprised if this inscription appears on my tombstone: "He Helped Vanquish the Health Fascists in the Great Beer Pour War, Then Died Anyway Just Like Everyone Else."

To mark the occasion, here's a reprint of the single most read "guest column" in the blog's history (August 1, 2013).

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ON THE AVENUES:  "Kneel and Kiss My Ring, You Degraded Alcoholic."

A weekly column by Roger A. Baylor. Today's guest columnist is Dr. Thomas Harris.

In the interest of fairness, I've invited Dr. Tom Harris, much decorated generalissimo of the Floyd County Health Department, to write this guest column offering his side of the recent unpleasantness. Looking at the whole situation dispassionately, Dr. Harris and I have quite a lot in common. Both of us were born, grew up, went to school, and received college degrees. I'm a professional in my field, as he is in his. In fact, it is to be imagined that we undulate, conjugate, ejaculate and defecate in similar ways, if not exactly the same -- unless, of course, he’s a space alien, and he is, and so the following is satire, pure and simple.

If you assume I’ll begin this essay by thanking a lowly brewer for affording a rebuttal to his serial insolence, think again.

One should never assume -- you'll make an ass out of yourself, certainly not me, because after all, I'm a doctor. The grandeur of my medical world view inevitably comes with the position, i.e., the rarefied territory of my critical role as guarantor of public health and safety.

The rest of you should just get the hell out of my way.

Let's get right down to brass tacks. Baylor, how dare you suggest that beer and brewing constitutes a “profession” in the same sense as a board-certified emergency medical pioneer like me. Every single day, our trained medical elites soothe suffering and save lives.

And you? You slouch at the tavern, sink into your cups, ruin your liver and foster bitterness toward those laudable over-achievers who possess my skill set and sheer dedication to public health and safety – whether the public understands any of it or not.

Because they seldom do, and mine is a tireless task, indeed.

It probably has escaped your notice, since not one of you care very much about public health and safety, not to mention your own disgusting standards of personal hygiene, but vast numbers of our fellow Americans are clueless sheep wallowing in a medieval squalor of bacteria. If not for the efforts of selfless heroes like me, you'd doubtless be bathing daily in your own raw sewage.

You really must see yourselves some time. Your filthy, germ-ridden body parts hang flabby and exposed from inadequate, scant clothing. You continue to smoke cigarettes even after we kicked you outside. You have sex before you’re married, refuse to use condoms, decline to exercise, and “dine” regularly on Big Gulps and Fritos. Any of you ever met a whole fried chicken, deep-fried Twinkie or fat-laden burger you wouldn’t stuff by the dozen into your gaping pie holes? I didn’t think so.

We try our best to ban all these substances that hurt you, but do you thank us? No, you just keep babbling about your right to determine your own destiny and live your own lives, as though we can tolerate free will when pathogens are everywhere. What have we become in America, a nation of philosophers?

And when it comes to the crux of the recent episodes, and why on earth we’d need anyone’s permission at all to regulate temporary beer pouring or any other activity deemed appropriate for saving you from yourselves, has it ever occurred to any of you that all of these dreadful materials you insist on ingesting are manufactured by food producers with an even lower opinion of you than me?

Furthermore, they have absolutely no respect for us as regulators and preservers of public health and safety. Every single one of those restaurants, lunch counters, taquerias, hot dog stands, food trucks, bistros and sushi joints bring in money hand over fist.

Do you think for one moment that local government funds the health department the way ordinary people throw money at some guy wrapping bacon around a cream puff? Not that local government has any money, because a lower tax burden is better for all of us, and the more golf you play, the more you know that if not for the GOP, we’d have even less funding for inspections. But we’re all white folks here, and I needn’t remind you of your obligations.

That’s what galls me about my own health department board being all namby pamby and saying Baylor doesn’t have to pay fees for his temporary permits.

When I said during the hearing that money doesn’t matter, what I meant was that I know far better how money matters and doesn’t matter than any of you cretins. As without doubt the leading element in society, we doctors are in the best position to make such judgments, and that’s why this whole shakedown started, anyway, because if New Albany’s mayor says it’s okay for ambulances to go to any hospital, and not be forced to use Floyd Memorial, then how’re we going to maintain the monopoly … er, I mean the monopoly on public health and safety, of course.

Why can’t you pathetic maladroit plebes grasp what I’m telling you? After me, it’s the deluge. You prattle on and on about answers, and how you’re entitled to the truth about the health department’s comprehensive program to control what goes down your gullets, so let me tell you something.

You can't handle the truth!

Baylor, we live in a world that has walls, and those walls have to be guarded by men with syringes. Who's gonna do it? You? Lee Cotner? I have a greater responsibility than you can possibly fathom. You weep for the ATC, and you curse the health care supermen. You have that luxury. You have the luxury of not knowing what I know -- that my random personal opinions about food safety, while unsupported by Indiana law or precedent, saves lives; and my existence, while grotesque and incomprehensible to you, saves lives.

You don't want the truth because deep down in places you don't talk about at beer parties, you want me on that wall -- you need me on that wall.

We use words like "honor," "that’ll be $20," and "superior intellect." We use these words as the backbone of a life spent defending something. You use them as a punch line.

I have neither the time nor the inclination to explain myself to a drunkard who rises and sleeps under the blanket of the very public health and safety that I provide and then questions the manner in which I provide it.

I would rather that you just said "thank you" and went on your way. Otherwise, I suggest you pick up some hand sanitizer and stand the post. Either way, I don't give a DAMN what you think you're entitled to!

I do the job I was chosen to … and you're god damn right I made it all up on a whim! Now, be a good little boy and obey your elders.

After all, there’s no pluralism in a foxhole, juvenile.

---

Recent columns:

August 17: ON THE AVENUES: Love in the time of choleric Coffey, though it's nice of Deaf Gahan to support the K of C's political agenda.

August 10: ON THE AVENUES: Super Tuesday shrapnel – or, tiptoeing through the tulips with Dan Coffey, now THE face of historic preservation in New Albany.

August 3: ON THE AVENUES: On the importance of being ancient.

July 27: ON THE AVENUES: Irish history with a musical chaser.

Wednesday, May 20, 2015

PourGate 2013: It took two years, but this new law silences Dr. Tom Harris and the Floyd County Health Department.

As it began.

On June 14, 2013, the New Albanian Brewing Company was peaceably vending beer at Bicentennial Park, by means of a supplemental catering permit issued by the company's governing agency, the Indiana Alcohol and Tobacco Commission.

The Floyd County Health Department arrived and said that NABC also needed a temporary food serving permit.

I said no, that's incorrect.

They persisted, and a two-year-long struggle commenced.

An Indiana Public Access Request was filed, and the Dr. Tom Harris and the FCHD's attorney laughed it off. NABC filed an appeal, based on a previous Indiana appeals court ruling (Ft. Wayne v Kotsopoulus; thanks, Bob) and the FCHD's board slightly moderated the department's error, but did not correct it.

The FCHD then childishly slandered NABC with a web site photo equating Bank Street Brewhouse with e coli, and NABC filed a tort claim notice. An ultimately fruitless search for adults in county government began.

They blamed it on the webmaster.

By late 2013, the Indiana Attorney General's office had agreed with NABC's reference to the court ruling, and found the FCHD to have absolutely no basis for its claim that a temporary food service permit was needed to pour beer.

The FCHD overtly and publicly stated that it would ignore this directive.


Throughout 2014, NABC and other vendors adhered to the FCHD's improvised 2013 requirement, which although amended, remained utterly baseless and without statutory authority.

Now a new summer vending season is beginning in 2015, and there is a new development.

On July 1, 2015, when a "beer bill" authored by Rep. Ed Clere officially becomes state law, it will be demonstrated for a third (and we trust final) time that the FCHD and its head, Dr. Tom Harris, were mistaken all along.

The new law is clear and explicit, as based on the two preceding legal precedents, both hitherto ignored by the FCHD.

All thanks to Ed Clere.

His hard work in compelling local government functionaries to obey their own laws will not be forgotten, especially by me.

If we lived in a culture of accountability, Dr. Tom Harris would be cashiered on July 1, 2015, when the new law takes effect. For two years, Harris and his department have made a mockery of Indiana state law and the principle of due process.

For what purpose, Mark Seabrook?

Following is the text of the new law. After that, there is a (maybe) complete compendium of NAC links telling the story of PourGate.

---

“HOUSE ENROLLED ACT No. 1311, AN ACT to amend the Indiana Code concerning alcohol and tobacco.”

SECTION 6. IC 16-42-5-30 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]:

Sec. 30.

(a) As used in this section, "permit holder" means the holder of:

(1) a farm winery permit under IC 7.1-3-12-5; or
(2) a brewer's permit under IC 7.1-3-2-7(5).

(b) A permit holder that sells or furnishes alcoholic beverages by the glass at a festival, fair, or other temporary location authorized by the permit holder's permit under IC 7.1, is not considered to be a food establishment and is exempt from the requirements of this title that apply to food establishments, if the following requirements are met:

(1) The holder of a farm winery permit furnishes only the following for consumption on the premises, regardless of whether there is a charge:

(A) Wine samples.
(B) Wine by the glass.

The holder may not serve or furnish any food, including any fruit, condiment, flavoring, or garnish added to the wine after the wine is poured from its original container.

(2) The holder of a brewer's permit furnishes only the following for consumption on the premises, regardless of whether there is a charge:

(A) Beer samples.
(B) Beer by the glass.

The holder may not serve or furnish any food, including any fruit, condiment, flavoring, or garnish added to the beer after the beer is poured from its original container.

(c) A local unit of government (as defined in IC 14-22-31.5-1) may not require any licensure, registration, or certification of a permit holder as a condition of providing alcoholic beverages at a festival, fair, or other temporary location authorized by the permit holder's permit under IC 7.1, if the permit holder meets the requirements of this section.

---

Following is as complete a compendium of links as could be mustered in an hour and a half without Roger losing his mind. I should be awarded a effing Pulitzer Prize for this. They appear in reverse chronological order.

2014

October 9, 2014: Not only that, but I even washed my hands before pressing "send."

October 6, 2014: A message to Harvest Homecoming food vendors about temporary food (and beer) service fees.

June 2, 2014: Is Hot Water More Effective than Cold for Washing Tom Harris Right Out of My Hair?

May 27, 2014: A fresh round of bald-faced lies from the Floyd County Health Department's resident Red Shirts.

April 9, 2014: Rick Fox speaks the prettiest public access language I've ever heard. Is that Mark Seabrook I hear chortling?

February 28, 2014: The Floyd County Health Department admits to being mistaken ... in only one instance, but hey, it's a start.

FALL AND WINTER 2013

December 28, 2013: In which the Floyd County Health Department ignores the Attorney General of the state of Indiana.

December 21, 2013: N and T: "State: Floyd County Health Department shouldn’t require permit."

December 11, 2013: Complete text: “Floyd County/ New Albany ordinance issue in violation of IC 7.1-3-9-2, 7.1-3-9-6″

December 10, 2013: Banner headline Tuesday, Part One: In the matter of PourGate, total and unequivocal defeat for the Floyd County Health Department.

November 16, 2013: Your PourGate update for Saturday, November 16: A waiting game.

September 7, 2013: Yo, Floyd County Health Department, your invoice is ready. Cash only, please. I'm not sure I trust your checks.

September 4, 2013: In which we learn percentages: "That minus is too low to see."

September 3, 2013: Your PourGate update for Tuesday, September 3, and a letter to the editor.

AUGUST 2013

August 27, 2013: Your PourGate update for Tuesday, August 27.

August 24, 2013: My second favorite News and Tribune reader comment yet.

August 21, 2013: Any adults in county government surface yet?

August 20, 2013: Your PourGate update for Tuesday, August 20.

August 19, 2013: My favorite News and Tribune reader comment yet.

August 17, 2013: N and T: "JEERS ... to the Floyd County Health Department ... "

August 17, 2013: These machines kill fascists, pathogens and bureaucrats.

August 16, 2013: When pressed by Eater Louisville and N and T, FCHD unable to get its story straight.

August 15, 2013: ON THE AVENUES: When the whip comes down.

August 15, 2013: Solid News and Tribune story places spotlight on the Health Department's chronic disingenuousness.

August 14, 2013: Citizen to FCHD: "I will not stand for our public officials and public departments to promote ... public bullying.

August 14, 2013: Your Wednesday PourGate Update: Health department spins the web site wheel twice on Tuesday.


August 14, 2013: GAW News: "Pride of the Dipshits (UPDATE) Floyd County Health Department."

August 13, 2013: Now the Floyd County Health Department is working to keep food safe from Roger -- not E coli.

August 13, 2013: Floyd County Health Department adds photo of handsome devil to its web site, but retains actionable photo.

August 13, 2013: A cease and desist, a tort claim notice, and Dr. Tom at large.

August 13, 2013: NABC to Floyd County Commissioners, Health Department: "This malicious activity has caused, and continues to cause, financial harm to the claimants’ businesses and corresponding reputations."

August 13, 2013: NABC to Floyd County Commissioners, Health Department: "Cease and desist."

August 12, 2013: At Eater Louisville: "Floyd County Health Department Uses Bank Street Brewhouse to set 'Foodborne Diseases' Photo Shoot."

August 8, 2013: ON THE AVENUES: The fruitless search for adults in county government.

August 7, 2013: Midweek PourGate update: What's up with the Health Department these days?

August 3, 2013: Hegemony in action.

August 2, 2013: Local citizen journalist views health department's web site retaliation and expresses revulsion.

August 2, 2013: Equal protection from health department bureaucrats? Just give that wheel a heave.

August 1, 2013: ON THE AVENUES: "Kneel and Kiss My Ring, You Degraded Alcoholic."

JULY 2013

July 31, 2013: Got trench warfare if they want it.

July 30, 2013: Clear as mud: Floyd County Health Dept. Hearing Appeals Board has many feelings, but not very much law.

July 30, 2013: Dr. Tom plays his Goebbels card. Can Neidermeyer be far behind?

July 29, 2013: Guest column: "The Health Department's Pussy Riot."

July 28, 2013: In the search for Instigator Zero, expect papers to be shredded.

July 26, 2013: NABC before the FCHD Board 4: Late breaking news.

July 26, 2013: ON THE AVENUES: NABC before the FCHD Board 3.

July 26, 2013: NABC before the FCHD Board 2: NABC's case.

July 26, 2013: NABC before the FCHD Board 1: The health department’s case.

July 25, 2013: These magic moments: Health department board, 5:30 p.m., today.

July 24, 2013: Let's see if a formal complaint will do the trick.

July 24, 2013: The hearing is tomorrow, but the Floyd County Health Department is stonewalling about its public access obligations.

July 23, 2013: Dressing up for a date with the Health Department board.

July 18, 2013: ON THE AVENUES: Sunscreen, lube, and Dr. Tom's cabin.

July 1, 2013: Where bureaucrats are bureaucrats ... and yeast are scared.

July 1, 2013: Tuneless zombie bureaucrats? These and more pesky facts at Louisville Beer Dot Com.

JUNE 2013

June 29, 2013: Democrats address "controversy" over Health Department's actions.

June 29, 2013: BicenPk concert of Jun 28: Let's just Occupy the Health Department.

June 28, 2013: Concert tonight, but the PourGate saga continues as we prepare to vend Progressive Pints under protest.

June 28, 2013: I'm a voyeur. I was there to watch the show, not instigate it.

June 27, 2013: My note to the Indiana Public Access Counselor, informing the office of my request of the Floyd County Health Department.

June 26, 2013: Health Department refers public access request to same attorney who advises commissioners -- making a full circle.

June 26, 2013: "In an effort to facilitate seemingly scant communication," my e-mail to Dr. Harris.

June 25, 2013: Isn't this an indictment of our entire American society?

June 24, 2013: Updating the Floyd County Health Department's "Beer Pour War" of 2013.

June 22, 2013: Roger has issued a Indiana Public Access request to the Floyd County Health Department.

June 22, 2013: Bureaucrats, potato chips and the need for a city health department.

June 21, 2013: Jeeebus, what a week. Here's a review.

June 20, 2013: On the song and dance routine of Dr. Tom Harris.

June 20, 2013: ON THE AVENUES: The long train of usurpations adds a caboose.

June 20, 2013: Health Department's revenue enhancement + Develop New Albany's event calendar = ?

June 19, 2013: No parking lot for bicycles.

June 19, 2013: Preview: NABC's appeal to the Floyd County Health Department.

June 18, 2013: Sentenced to county septic inspections?

June 18, 2013: No Tricentennial for DNA in wartime, unfortunately.

June 17, 2013: Food handling, panhandling and regulatory free-basing.

June 16, 2013: Another day, another Floyd County Health Department power grab.

Thursday, October 16, 2014

Floyd County Health Department prepped for Ebola.


(Jerod Clapp of the Gnaws and Trombone inadvertently contributed to this article)

Two patients in the United States have contracted Ebola hemorrhagic fever, and while these cases are very far away from Indiana, the Floyd County Health Department says it is taking measures to lay the groundwork for pervasive local panic by expanding control over every aspect of your bodily fluids.

But first, during a webcast by carrier pigeon with health care providers across the state on Friday, Gov. Mike Pence addressed the concern of how to prepare for Ebola in Indiana.

“At this time, we have no reported cases of Ebola Virus in Indiana,” Pence said in a release. “Therefore, there is a heightened sense of urgency for us to continue to pursue our other strictly antebellum right-wing political initiatives. Obamacare has been a cause for considerable concern in the Republican Central Committee, and we are continuing to manage this emerging disease.”

“Our preparations for Obamacare and Ebola alike also will include ongoing guerrilla warfare against marriage equality, seeing as these and other outbreaks of infectious pestilence give me confidence that God is speaking to us in tongues that I, among others, can plainly comprehend. The professionalism, dedication and fundraising expertise demonstrated by our loyal GOP yes-mean and women will see us through this political crisis.”

“My hyperbolically loyal flunky Diego will now answer your questions – unless they have to with actual diseases and medicine, of which we know nothing.”

Meanwhile, hospitals and health departments statewide are cooperating on procedures for a response to patients who may display symptoms of liberalism, loyalty to the President and Ebola, but Dr. Tom Harris, health officer for the Floyd County Health Department, says the risk in Southern Indiana is fairly low so long as temporary beer-pouring permit holders continue to be closely monitored.

“We’ve alerted Floyd Memorial Hospital and Health Services to raise awareness as to proper hot water hand washing procedures for temporary draft beer handlers,” Harris said. “Symptoms of filthiness include backtalk and appeals to the Attorney General over words in a statute – like we give a damn about that!”

According to Harris, “If someone comes in and says they intend to touch a beer tap, we have protocol to intervene.”

Julia Hayes, the FCHD’s Justifier of Contrived Local Interpretive Beer Handling Measures, says her staff is working on screenings of any person entering establishments where the owner bitches all the time.

“We have a close relationship with the state epidemiologist, and we continue to receive daily updates on the latest temporary permit applications from our paid snitch in the Alcohol & Tobacco Commission,” Hayes said in an e-mailed statement. “We are educating staff continuously as we create brand new rules from thin air, because if we can’t cite them for Ebola, we can get them for e-coli. After all, both these words begin with the letter E – and that’s no coincidence when it comes to beer fee tiers.”

According to information from FCHD, Ebola is among the many diseases transmitted from person to person through craft beer being poured at temporary tapping stations not subject to the collection of yearly health department protection monies.

Harris also said the risk of pouring craft beer without both properly inflated charges and the accompanying burden of purely imaginary regulations could damage his department’s self-esteem, as well as its body fluids, including sweat, saliva, blood and semen.

“The psychological symptoms of bleeding or bruised egos is very real to us,” Harris said. “They occur in well over half the documented cases of Baylor scoffing at our selfless professionals. In fact, it wouldn’t surprise me if that degraded alcoholic brought Ebola to America to inject into his swill.”

Harris said the FCHD has been in touch with local 911 operators, helping them develop a set of procedures for snitching on anyone opening a bottle of beer without asking his department for permission.

See also:

At Eater Louisville: "Floyd County Health Department Uses Bank Street Brewhouse to set 'Foodborne Diseases' Photo Shoot."



ON THE AVENUES: The fruitless search for adults in county government.



Dr. Tom plays his Goebbels card. Can Neidermeyer be far behind?



ON THE AVENUES: "Kneel and Kiss My Ring, You Degraded Alcoholic."



ON THE AVENUES: When the whip comes down.


Friday, February 28, 2014

The Floyd County Health Department admits to being mistaken ... in only one instance, but hey, it's a start.


The Floyd County Health Department was represented at yesterday's snoozer of a DNA restaurant seminar by Julia Hayes.

She was there to explain temporary food serving permits, and of course, while doing so, she reaffirmed that her agency will be ignoring the Indiana Attorney General's recent decision in favor of NABC and again requiring registration for beer-pouring events in 2014, primarily because this numbnutted tactic provides Mark Seabrook, Steve Bush, Rick Fox and Doctor Tommy with the sort of adolescent orgasms largely unavailable to them otherwise .. but I digress.

Julia reminded the scant seven attendees that if food is being served or vended for a non-profit organization, of which Develop New Albany is one, permits (and their fees ... which have been waived for beer vendors, rendering the department's fine system meaningless) need not be acquired, although of course inspections still may be conducted.

Wait, I thought to myself.

Didn't the FCHD raid last year's Excruciatingly New Albany summer's lawn party and issue a bushel of citations? As the newspaper link buried within NAC's coverage verifies ...

Heard it through the grapevine: This year's Extrapolative New Albany.


 ... yes, it did.

So, I had to ask her about this, and as I began, it was time for DNA's seminar organizers to shush me, saying they'd already worked it out privately with the health fascists. I replied that yes, privacy is the whole point; where I come from, we'd like such matters to be revealed publicly. Julia explained that the FCHD's agent didn't know the event was being sponsored by a non-profit (yawn), so the citations were issued mistakenly.

That's right: The FCHD publicly admitted to being mistaken in the case of DNA, but not in the case of NABC, and all the while, whatever accommodation DNA's resident consultant (Hizz-former-honor?) worked out last year needed to remain private, not public.

I'm making up none of this. It's all true. And you still don't understand why I'm jaundiced?

If it wasn't for this blog, would stories like these ever be told?

Saturday, December 21, 2013

N and T: "State: Floyd County Health Department shouldn’t require permit."


Dr. Tom Harris has long since retreated from public comment on the topic of PourGate, but on August 1, we imagined his probable response: ON THE AVENUES: "Kneel and Kiss My Ring, You Degraded Alcoholic."

Baylor, we live in a world that has walls, and those walls have to be guarded by men with syringes. Who's gonna do it? You? Lee Cotner? I have a greater responsibility than you can possibly fathom. You weep for the ATC, and you curse the health care supermen. You have that luxury. You have the luxury of not knowing what I know -- that my random personal opinions about food safety, while unsupported by Indiana law or precedent, saves lives; and my existence, while grotesque and incomprehensible to you, saves lives.

Maybe so, big guy.

Now, about the way the Attorney General looks at it differently ...

State: Floyd County Health Department shouldn’t require permit, by Daniel Suddeath (N and T)

NEW ALBANY — The Floyd County Health Department incorrectly charged businesses for temporary food permits to sell beer at festivals and events, the Indiana Attorney General’s Office has concluded.

In June, the New Albanian Brewing Co. protested citations it was issued by the health department for not obtaining a temporary food permit before selling beer during concerts at New Albany Bicentennial Park.

Other vendors were also issued citations during the city’s summer concert series at Bicentennial Park, and four citations were handed out during a Develop New Albany event in June.

Floyd County Health Officer Dr. Tom Harris maintained the department had required the permits for some time, and that such inspections are necessary to ensure food and alcohol is safe for consumption.

However, NABC challenged the health department’s stance, as it claimed the business had served beer at dozens of events in New Albany over the years without having to obtain the temporary food permit.

NABC co-owner Roger Baylor said there are existing state regulations that cover beer and alcohol sales, and that the company had already obtained its small brewer’s permit, three-way riverfront permit and a supplemental catering permit.

Essentially NABC’s case was that the Alcohol and Tobacco Commission’s authority preempts local ordinances, and the attorney general’s office agreed after being asked for an advisory opinion by the ATC.

Tuesday, December 10, 2013

Banner headline Tuesday, Part One: In the matter of PourGate, total and unequivocal defeat for the Floyd County Health Department.


In June of 2013, overnight and without warning, the Floyd County Health Department decided that temporary food serving permits of the sort required of elephant ear vendors at Harvest Homecoming would henceforth be required of alcoholic beverage permittees dispensing beer at similar events. As justification, the health department pointed to the enabling ordinance, a form of which has been on both city and county books for decades, and most recently was updated by the city in 2008.

NABC strongly disagreed.

We pointed out that there was no legal precedent for such control, that no other health department in the state presumed to possess such authority, and that permits issued to us by the Indiana Alcohol & Tobacco Commission are the only ones we need to operate in a temporary fashion.

Furthermore, we backed up our case with an Indiana Court of Appeals ruling known as Fort Wayne v Kotsopolous, which was so clear that even a layman could grasp it. But the department's attorney didn't, and in spite of our efforts, an obviously befuddled health department board did not rule in favor of our appeal, instead offering a half-baked compromise involving ongoing regulation without fees.

It was a farce. We persisted.

In August, NABC took the case to the board of the Brewers of Indiana Guild, which agreed that the FCHD's position was improper. Legal wheels in Indianapolis promptly were set into motion, and the ATC asked the Indiana Attorney General's office for an advisory opinion. The opinion was issued roughly three weeks ago, and although we knew the outcome then, only now do we have the 2,100-word text of the opinion.

From top to bottom, the advisory opinion completely vindicates NABC's position as expressed on the very first evening in June, when the FCHD issued a citation to us for failure to possess a temporary food serving permit that we did not need to have. We were right, and the health department was wrong. Period.

The AG's advisory opinion is no mere technicality. It is a 360-degree slam dunk from the foul line, referencing the very same appeals court ruling presented to the health department's attorney at the board hearing in July. I'll publish the entirety of the text soon, after we've had a chance to review it and to decide what comes next.

For now, here is a key passage that makes it quite clear:

The regulation imposed by Floyd County for Temporary Food Service Permits is similar to the ordinance in Kotsopolous in that it is now the policy of the Floyd County health department to require all alcoholic beverage establishments to obtain this permit even if they have a three way permit with Type 222 privileges attached. This “lev[ies] a tax, fee or license requirement on alcohol sales,” which the court in Kotsopolus found to be invalid. Kotsopolus, 704 N.E.2d at 1072.

When NABSB participates in festivals they are participating in the sale and traffic of their product and the Floyd County ordinance imposes a restriction on those sales by not allowing NABSB to sell their product without first acquiring an additional permit at an additional cost. By regulating the sale of NABSB’s beer in this way, the Floyd County ordinance has interfered where the state has already regulated. Not only is this in violation of what is expressly stated in IC 7.1-3-8-2 and I. 7.1-3-9-6 regarding local regulation of alcohol and tobacco, but it also is a violation of the Home Rule Act.

Also, here is the conclusion:

The Temporary Food Permit ordinance enacted by Floyd County requiring a permit for businesses, such as the New Albanian Bank Street Brewery to participate in festivals, is not valid. The ordinance limits the ability of NABSB to sell its products at local festivals and interferes with the permission given by the state permits already held by NABSB for this activity. This is in direct conflict with IC 7.1-3-9-2 and IC 7.1-3-9-6 which restrict this type of local regulation of alcohol sales. In addition to this, the ordinance is in violation of the Home Rule Act which allows for localities to broadly regulate as long as those regulations do not directly interfere with a statute or agency action or if a statute is comprehensive enough that it preempts the local regulation.

What this means to me is that any way one chooses to look at it -- the enabling ordinance itself, and the health department's whimsical interpretation of it -- the requirement to possess a permit in addition to the ATC's is utterly groundless.

In short: What NABC said, all along.

It's one down, one to go. The matter of the defamatory photo shown below is not connected with the advisory opinion issued by the AG, although perhaps now the Floyd County commissioners at long last will start paying attention and exercising the oversight they've shirked thus far.

Given the AG's submission, these same commissioners may be well advised to look outside their bunker, and seek legal opinions elsewhere -- if you know what I mean.

Next:


Wednesday, September 04, 2013

In which we learn percentages: "That minus is too low to see."



It's probably not an exaggeration to surmise that the Floyd County Health Department didn't think matters all the way through when it decided to usurp seventy years of Indiana regulatory tradition and proclaim its blissful interference in beer pouring permits.

This newfound regulatory precedent-that-isn't, already the legal equivalent of calorie-free soda, got even murkier once the FCHD's own board got through contorting it. As you recall, the board decreed that the original citation would be discarded even as the permit requirement out of thin statutory air still stood, and that beer pouring entities henceforth would not be charged a permit fee even if those fees charged improperly even by the board's own logic would not be refunded.

NABC has pulled the requisite Alcohol & Tobacco Commission permit for this Friday's "A Taste for Art and History" at the Carnegie Center. As the Indiana Court of Appeals ruling Fort Wayne v Kotsopoulos makes perfectly clear, this ATC permit is the only one we need to legally operate on Friday evening. As for the FCHD's temporary food serving permit fetish, it is just as clearly stated (below in beige) that non-profit events needn't pay a fee -- meaning that not one, but two exemptions apply for the pouring of beer and other alcoholic beverages on Friday night.

By my reckoning, 1 minus 2 = negative 1, meaning that the FCHD owes NABC the sum of $20 for the event.

But what of the requirement to obtain a temporary food serving permit, even if it comes without a fee? According to the rulebook (see section in pink below), without this permit, there'll be an assessed fee of 50% of the permit expense.

Okay, so that's $10 for each of the exempted permits; thus added to the $20 the FCHD already owes us for having dipped into negative exemption numbers, the total cost to the health department comes to $40.

I'd prefer payment in cash. Sorry, IOUs from Dr. Tom simply will not suffice. Tell you what: Add it to the $120 already owed us, and we'll go to small claims court.

All jokes (really?) aside, nothing from nothing still leaves nothing, right? With the previous errant citation thrown out by the department's board, we start from scratch, with a clean slate ... right?

I'm not sure what to do. Maybe I'll pray.

---

§ 115.37 PERMIT FEES.

(A) Unlawful to operate without paying permit fee. It shall be unlawful for any person to operate a bed and breakfast establishment, retail food establishment and/or temporary food establishment in Floyd County, who has not paid the permit fee required to be paid for the operation of such establishment.

(B) Fees set by Health Department. Permit fees to be paid for the issuance of a permit under this subchapter for a bed and breakfast establishment, a retail food establishment and/or a temporary food establishment shall be set by the Health Department, as provided by the statutes of the State of Indiana, (see I.C. 16-20-1-27), and as set forth and approved by Floyd County Council and Floyd County Board of Commissioners.

(C) Expiration of permits. For permits which upon initial issuance will expire in fewer than 180 days from the date thereof, the applicant shall pay one-half of the fees set forth by the Health Department.

(D) Receipt provided. A receipt for the payment of such fee shall be provided by the Health Department.

(E) Payment required. The payment of such fees shall be required for each bed and breakfast establishment, retail food establishment and/or temporary food establishment operated or to be operated by any person.

(F) Exemption from permit fees. A not for profit organization that offers food for sale to the final consumer at an event held for the benefit of the organization is exempt from the payment of fees. This exemption only applies to organizations that meet the criteria addressed in I.C. 16-42-5-4. The Health Officer shall be provided, upon request, proof of an organization's tax exemption.

(G) Late fees. A late fee (1) for failure to pay the Permit fee prior to the commencement of operation of the bed and breakfast establishment, retail food establishment, and/or temporary food establishment and (2) for failure to renew a permit prior to its expiration shall be paid in the amount of 50% of the above annual fee for such permit, or in such amount as set from time to time by the Floyd County Health Board.

(H) Credit not transferable. Credit for the payment of fees under this subchapter is not transferable or refundable.

(Ord. G-08-14, passed 5-5-2008)