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Friday, April 13, 2007

Ind. Law - "Attorney general OK's Brizzi's restaurant deal"

Jon Murray reports this afternoon:

A legal opinion released today by the Indiana attorney general says the Marion County prosecutor's investment in a new restaurant and bar would not violate the state's liquor laws.

But Attorney General Steve Carter also wrote that the law doesn't address fellow Republican Prosecutor Carl Brizzi's specific arrangement, leaving it to the Indiana Alcohol and Tobacco Commission to decide the issue.

ATC Chairman Dave Heath, who had sought the legal opinion, said the commission now has the legal cover to allow Brizzi's investment in Harry & Izzy's. The spin-off of the St. Elmo Steak House is scheduled to open Monday in Downtown Indianapolis.

Brizzi said he planned to buy back a nearly 10 percent share worth $80,000 later today. * * *

"It is our opinion that the ATC is statutorily prohibited from issuing a retail alcohol beverage permit to an Indiana Limited Liability Company (LLC) restaurant owner, one of whose members is a law enforcement officer," Carter's opinion says. "The statute does not address more remote ownership."

The commission does have the authority to set more stringent rules, Carter wrote.

When the commission meets on Tuesday, Heath said, it will review the restaurant's notice of a change in ownership. "It appears there is nothing that prohibits" Brizzi from taking part, Heath said.

The Star has also made available a copy of the Attorney General's opinion.

Posted by Marcia Oddi on April 13, 2007 01:45 PM
Posted to Indiana Law