Serenity brought up on alcohol charges

By Nick McLain/Times Sentinel writer

The owner of the Serenity House restaurant is charged with selling alcohol without a license, with a jury trial set for Feb. 23, in Boone County Superior Court II.

On Friday, Oct. 9, Karin Glass, the owner of Serenity, was served a search warrant from the Indiana State Excise Police. ISEP had been investigating a complaint from the Indiana Department of Revenue that Serenity, 135 S. Main St., was serving alcoholic beverages without a permit.

ISEP found and confiscated beer and wine, a laptop used to print out menus, miscellaneous paperwork, reservation books and a wood-framed chalkboard containing the menu.

Glass is charged with maintaining a common nuisance for alcohol, a Class D felony, and sale of alcohol without a license, a misdemeanor. If convicted of the felony, she could receive up to three years in prison and a $10,000 fine. She hired Jim Voyles as her attorney and appeared in an initial hearing before Judge Rebecca McClure on Monday, Nov. 23.

Glass did not comment beyond saying, “I have decided to take the high road of silence and continue to do the best for the community through the outreach of my restaurant and the people that work for us and others who patronize us.”

ISEP Media Relations Officer Jennifer Fults said businesses can use cooking wine in food without an alcohol license as long as it is used exclusively for that purpose.

However, ISEP District 3 Lt. Mike Rosemeyer said that all items seized, including the wine, met the definition of an alcoholic beverage under Indiana code.

The state law says that an alcoholic beverage is any liquid or solid that is, or contains, one-half percent alcohol by volume, is fit for human consumption and is reasonably likely or intended to be used as a beverage.

“With regard to her claim, we have evidence she was selling it,” Rosemeyer said.

ISEP was notified by IDR on Aug. 4 and began investigating at that time through the first week of October. The Special Investigations Unit of the IDR did not return phone calls for this story, and Rosemeyer said they do not discuss where complaints originate.

On Aug. 14, ISEP officers Steven Toleos and Jeremiah Gillam went to Serenity and spoke with Glass, who said they did not have any alcohol at the location and that they should be getting their permit in a couple of weeks, according to the ISEP incident report.

Gillam then talked with the owners of Plum’s Upper Room (Jayne Nolting), Grape Vine Cottage (Doug Pendleton) and Cobblestone Grill (Kent and Liz Esra) in late September, and all confirmed that alcohol was still being sold at Serenity, the report said.

In the ISEP report, obtained through a public records request, Gillam stated that he talked to Nolting on Sept. 18 when conducting a routine inspection of Plum’s. According to the report, “She openly shared her frustration with the owner of Serenity House. She stated that if she has to follow the rules, everyone should have to do the same.”

A week later, the report said Nolting called Gillam, questioning whether she could get in trouble because Serenity “was now sending customers over (to Plum’s) to buy bottles of wine to take back over to her place (Serenity) to drink with their dinner.”

The report continued to say that on Sept. 21, Gillam spoke to Pendleton, who said he was fully aware that Serenity was serving alcoholic beverages. He added that Glass had been buying wine from his business and believed she was offering it at Serenity. The report goes on, with Pendleton saying he talked to Glass personally and advised her to get a permit.

Gillam also spoke with the Esras on Sept. 21, and they also said they thought that Serenity was selling alcoholic beverages. On Sept. 25, at Gillam’s request, one of the Esras called him and “advised that there were people on the patio of the Serenity House consuming wine.”

Owen Hitchins, a 13-year Zionsville resident, counters that statement. According to him, on Sept. 25, he rented Serenity for his daughter Claire’s Sweet 16 birthday party. He said that no alcoholic beverages were served or provided.

Hitchins, who says he makes a point to shop downtown for most everything, alleges that the root of the Serenity complaint comes from the Esras.

When each were reached by phone, Nolting, Pendleton and Kent Esra declined comment.

On Oct. 2, ISEP the report says officers Ami Sunier and Gillam, with their spouses, entered Serenity for dinner. Sunier asked for a wine list, and the hostess replied that they didn’t have a permit to sell alcohol but that their party would receive a complimentary glass of wine with the meal. The hostess later returned with a bottle of wine and asked if they would like a refill, which Gillam accepted. The officers paid for the meals and left the business without identifying themselves.

Rosemeyer said they did not have to identify themselves as ISEP officers.

“We are certainly allowed to investigate crimes, and sometimes it’s done in an unidentified manner,” he said.

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