13 WTHR - Indianapolis News |Kokomo strip club wins fight over liquor license
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Kokomo - The Indiana Court of Appeals has ruled a local alcohol board wrongly denied a strip club's request to renew its liquor license.
The three-judge panel ruled last week that the Howard County Alcoholic Beverage Board's denial of a permit for the Ultimate Place 2B was "arbitrary and capricious." A special judge already had overturned the board's decision, and the Court of Appeals upheld her ruling.
The club opened as a sports bar in 2001, and owners Joan and Dan Dumoulin promised remonstrators led by two local pastors that the bar would not become a strip club as long as they owned it. The remonstrators cried foul in 2005 when the Dumoulins sold the bar to their son Dan Dumoulin II and he converted it to a strip club. Opponents said the sale was not legitimate and the couple had agreed to warn them if they ever sold the bar.
The county alcohol board denied Dan Dumoulin II's request for a license renewal in February 2006, and he appealed.
The Court of Appeals said Sept. 30 that the younger Dumoulin was not bound by any agreement made by his parents.
The court also said that the sale had been legitimate and the Dumoulins had given remonstrators notice of it. The panel said the alcohol board did not have sufficient evidence to deny the club's liquor license.
(Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
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