Objection to ATC decision on Parkview Field Permit
Posted by John B. Kalb - 3/31/09 @ 11:45 pm - Filed Under Uncategorized
The following was submitted with a formal request for hearing with the Indiana ATC today:
Item 6. Remonstrator objects to the Commission’s decision and will be aggrieved or adversely affected by the Commission’s decision on the grounds that it is:
Incorrect, because the entity that made this application, the Fort Wayne Redevelopment Authority, is not a municipality as indicated on their application and as defined in IC 36-1-2-11, the section of Indiana Code that defines “general applicability”. Therefore, it cannot be issued a type 219 permit since these are to be issued to municipalities under IC 7.1-3-1-25 and this section lists “a city or county listed in this sub-section….. may permit the retail sale of alcoholic beverages upon the premises if the governing board of the facility first applies for and secures the necessary permits as required by this title. The cities and counties to which this sub-section applies are…..(2) A city of second class”. Please be aware that the Fort Wayne Redevelopment Authority is not the governing board of Parkview Field. What entity will have the “responsibility to the public for the sale of the alcoholic beverage” as required by IC 7.1-3-1-5? Is it the members of the board of the Redevelopment Authority, the governing board of Parkview Field or the Executive Director of the Fort Wayne Redevelopment Department of the City of Fort Wayne?
My intent is that you ask the Indiana Attorney General to issue an opinion on this to the ATC, outlining the applicable Indiana Code and Rules covering this contention. Since, as I testified on March 16, 2009, I have no desire to stop the legal sale of alcoholic beverages at Parkview Field in Allen County, I request that you follow your rules per 905 IAC 1-36-9(b) and leave the permit you have issued to be fully approved so that Parkview Field can operate under it until this legal question is resolved.
Item 7. The granting of this permit has personally aggrieved me because, being the only remonstrator in opposition to it’s issuance, the local board and the ATC commission did not investigate my contention as listed above (and covered in my verbal statements to the local board at the hearing), therefore saying that my contention that the application was not legal was in error.. This leaves me with no other means of protest of what I feel is an illegality other than this objection.
John B. Kalb March30,2009
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One Response to “Objection to ATC decision on Parkview Field Permit”
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BRAVO JOHN KALB! If it was you or me doing the application, they would sure as hell make us identify the ultimately responsible party, dot all our “I’s” and cross all our “T’s”.
Thank you very much.
Now, do you feel up to taking on the Obama administration?