Excise Police hit Clark, Floyd businesses

Clark County

Discussion

October 4, 2008

By MATT THACKER The News and Tribune Sat Oct 04, 2008, 09:10 PM EDT

The Indiana Excise Police has issued citations to 17 restaurants and bars in Clark and Floyd counties so far this year.

The Excise Police, which is the enforcement division of the Indiana Alcohol & Tobacco Commission, focuses on alcohol and tobacco violations but can enforce any state law.

On Sept. 18, officers with the local Excise Police cited three local bars and made two arrests for drug use in Clark and Floyd counties.

Jersey’s Café, at 1515 Lynch Lane in Clarksville, was the hardest hit with eight offenses. It was cited for employing an unlicensed server, not maintaining permit records, sale of alcohol on credit, allowing carry-out of beer, refilling bottles, purchasing liquor from another retailer, altering floor plans without approval and having no manager’s questionnaire on file.

Just outside the building, an officer noticed someone snorting a white powder substance from his hand, according to a press release. They were sitting on a Ford Explorer parked next to an unmarked police car. The officers then reportedly found a small plastic bag containing a white powder that tested positive for cocaine.

Jeremiah E.W. Spillman, 26, of Clarksville, was arrested for the felonies of possession of cocaine and maintaining a common nuisance. Jerry L. Callis, 57, of Clarksville, was arrested for visiting a common nuisance, a misdemeanor.

A man who identified himself as a manager at Jersey’s — although he declined to give his name — said the accusations are false and all of the violations will be forgiven at a hearing later this month. He said Jersey’s has not been cited many times.

“For being here three years, we’re doing pretty good,” he said.

The Indiana State Excise Police say that is not true.

“Jersey’s Cafe has been cited considerably more often than other establishments,” officer Travis Thickstun said. “To have eight offenses and two people arrested at one establishment, that is not at all common.”

According to police records, Jersey’s has been cited for 28 offenses since 2004. In March, Jersey’s was fined $300 for consumption of alcohol after retail hours and removing alcohol containers after hours. The manager said someone brought a beer into the bar late one night and paid the $300 fine.

Much like a criminal offense, once a violation is reported, the matter is turned over to a prosecutor. A hearing is held, and a penalty can then be imposed.

Jenny Fults, spokeswoman for the Excise Police in Indianapolis, said penalties can range from deferred judgment for a first offense to a monetary fine to even suspension of the establishment’s permit.

Also on Sept. 18, Rustic Frog, at 1720 Old River Rd. in New Albany, was cited for not having food service available and for employing an unlicensed server and not maintaining permit records.

Speakeasy, at 225 State Street in New Albany, was cited for altering floor plans without approval and failure to display permit. Speakeasy corrected both violations by the next day, according to the press release.

Menu on the River, Lighthouse Restaurant & Lounge and Rocky’s Italian Grill in Jeffersonville have all been cited for violations relating to permits this year.

Vicario’s Grill Pizza & Pub and Sid’s Pub in Sellersburg and Shooter’s Saloon in New Albany were all cited for gambling violations.

Bearno’s Pizza in New Albany was cited for furnishing alcohol to a minor and sales to intoxicated patrons in June.

Several Clark and Floyd county establishments have been fined this year, but with the exception of Jersey’s, none still exist at the location where the citation occurred.

In 2008, Appleby’s Cafe & Wine Bar, at 201 Spring St. in Jeffersonville, has been fined $450 on five charges. That space was bought out by J Train Pizza and Pub earlier this year.

Exoda, listed at 1404 Blackiston Mill Road, had to pay $1,500 in fines for eight violations earlier this year. Exoda may have moved or been closed as no record of it was found at that location.

Kelsey’s Bar and Grill, which was at 730 Rolling Creek Drive in New Albany, paid a $500 fine for selling alcohol to a minor and having a minor in a “tavern.” That restaurant has since closed.

The biggest fine for a single charge was $1,000 to Northside Tavern at 1702 Spring Street in Jeffersonville. On Feb. 4, the Excise Police cited the establishment for possession of gaming devices. They are no longer at that address either.