Preview: NABC’s appeal to the Floyd County Health Department.


We are required to transmit such an appeal via certified mail or hand delivery. Oddly, carrier pigeon is excluded as an option. I’ll be submitting it after lunch today. Following is the beginning of the appeal. The last six points of contention are omitted; I want to be as transparent as possible with this case, but obviously, I’m no lawyer. Know merely that a game strategy is evolving, and it might take a while to implement. In the meantime, I’m a veritable Abe Lincoln: Malice toward none, charity for all, and quite happy to go about my ATC-regulated drinks business absent the entirely correctable missteps of last week.

Like I’ve always said, “Olive branches — not Olive Gardens.”

June 19, 2013

The New Albanian Bank Street Brewhouse wishes to notify the Floyd County Health Department of our request for an appeal, as outlined in Chapter 115, subsection 115.41 of the New Albany IN Code of Ordinances, as pertains to a citation issued on June 14, 2013, by Matt Myers, at the location of Bicentennial Park in downtown New Albany, for the offense of having failed to procure a temporary food service permit to pour draft beer.

As operators, we are “aggrieved” by this order, believing it to be misplaced for the following reasons:

1. We can find no coherent precedent, either in the Health Department’s own 22-year history, or in the entirety of the State of Indiana, for abruptly grafting the theory of a temporary food service permit to the benign reality of pouring beer from a keg into a disposable plastic cup by a business already fully licensed by the Alcohol & Tobacco Commission of the State of Indiana (ATC) to do precisely that.