NEW ALBANY —
The New Albanian Brewing Co. has appealed a citation the business was issued Friday for dispensing beer without a temporary food permit.
The Floyd County Health Department cited NABC during a concert sponsored by the city of New Albany at Bicentennial Park. NABC — which owns the downtown Bank Street Brewhouse and the Pizzeria and Public House off University Woods Drive — elected to appeal the citation.
NABC co-owner Roger Baylor filed the appeal Wednesday with the Floyd County Health Department. In a statement sent to the News and Tribune, Baylor said the company “can find no coherent precedent” for requiring alcohol vendors to obtain a temporary food permit.
Baylor said the state “clearly supports the Alcohol and Tobacco Commission as primary regulator of drinks businesses, both on- and off-premise.”
The other alcohol vendors at last Friday’s concert — River City Winery and The Irish Exit — also were cited for serving without having a temporary food permit.
“We support the Floyd County Health Department’s daily work to ensure food safety for all of us, and we bear absolutely no malice toward those who have made this decision to ignore precedent and attempt an extension of the department’s control to an area which it lacks coherent statutory authority like that clearly possessed by the ATC,” Baylor said.
However Floyd County Health Officer Dr. Tom Harris said Wednesday the regulation has been enforced for some time. The fee for the temporary food permit is nominal and alcohol is covered under the license, Harris said. Other people and groups have been cited for not having the temporary food permit, he continued.
“A lot of times, it tends to be nonprofit groups that are setting up a booth to sell, say, corn dogs at the fair, and they just simply don’t know,” Harris said.