Published: July 01, 2008 11:12 pm            

Judge orders Ultimate liquor license returned

License for Ultimate Place 2B remains in limbo

A judge has ordered the return of the Ultimate Place 2B’s liquor license, but state officials don’t appear likely to immediately respond to the ruling.

Special Judge Rosemary Burke last week ordered state officials to return the liquor license confiscated last year from local bar owner Dan Dumoulin II, while Dumoulin’s case remains pending.

Dumoulin, who converted the Ultimate Place 2B into a topless dancing venue in 2005, has been operating the club in the 5100 block of Clinton Drive without a liquor license since August 2007.

The Howard County Alcoholic Beverage Board denied a liquor permit renewal for Kokomo’s Ultimate Place 2B strip club in February 2006, and the Indiana Alcohol & Tobacco Commission upheld the local board and formally revoked the Ultimate’s license in August 2007.

Without the license, Dumoulin hasn’t been subject to state excise laws, and can legally allow anyone over age 18 to enter the premises.

But Dumoulin filed suit after the state revoked his liquor license.

Now-retired Miami County Circuit Court Judge Rosemary Higgins-Burke ruled in his favor early this year. Her ruling disagreed with the conclusions drawn by the state alcohol commission on every major point.

The Indiana Attorney General’s office then filed an appeal on behalf of the state alcohol commission. Dumoulin’s license remains in limbo while that appeal is under review.

Last week, attorneys for Dumoulin asked Burke to order the license returned while the court case continues. Burke signed an order to that effect June 24.

Both the Indiana Attorney General’s office and a group of local remonstrators led by Kokomo attorney Mark Hurt have appeals pending on Burke’s ruling.

A spokesman for the attorney general’s office said Monday the state has until July 24 to respond to Burke’s order. As of Monday, the state had not returned Dumoulin’s liquor license.

Scott Smith may be reached at (765) 454-8569 or via e-mail at scott.smith@kokomotribune.com

        

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