Fluff Bakery & Catering’s journey to mesh the serving of alcoholic beverages and sweet treats at its location on Court Street began about a year ago when part-owner Jessica Kopelwitz and her husband bid on a liquor license, among other things, from West Side Tavern, Inc.
“We’ve been working on a business plan since the beginning of January, and the license was purchased prior and that has been in holding,” Kopelwitz said.
“But, technically, as soon as the license gets transferred, that’s when the purchase is made official.”
Matt Mullins, spokesman for the Ohio Division of Liquor Control, said the way Fluff seized its liquor permit is not necessarily common, though it does happen from time to time.
In 2011, West Side Tavern Inc., which formerly operated The West End Tavern and 12 East Bar, faced a lawsuit and eviction with its landlord Dorman Properties, LLC for not paying rent.
Athens County Common Pleas court appointed Darrel Fawley, a Columbus-based lawyer, to be the “receiver” of West Side Tavern Inc.’s assets during the case. He was asked to put the assets, including the liquor license, up for bid, Fawley said.
Jessica and Jason Kopelwitz bid $32,100 for the West Side Tavern Inc’s “small assets,” Fawley said. Because it’s illegal to sell only a liquor license, the bid also granted the Kopelwitz’s “assorted flatware” and “miscellaneous paper products,” according to an asset purchase agreement released by the Ohio Division of Liquor Control.
“You hear people talking about buying and selling permits, which doesn’t happen because it’s illegal. That’s not the right term for it,” Mullins said. “If you’re looking for a permit and there aren’t any available under the city’s quota, you have to transfer a liquor license.”
In fiscal year 2013, the state issued virtually the same number of licenses as it did grant transfers.
There were 1,657 new licenses last year and another 1,656 transferred from one businesses to another, Mullins said.
The Kopelwitzs are now waiting for the Ohio Division of Liquor Control to OK the transfer of the D1, D2, D3, and D3a licenses. Until then, the liquor license sits in safekeeping until it is formally approved.
Jessica Kopelwitz and her husband have already been fingerprinted, she said, and have conducted background checks with the state.
Only a few steps are left, Kopelowitz said, which could take up to a month.
Athens Mayor Paul Wiehl said the city is already a bit over quota for liquor licenses, though he’s not completely sure why that is allowed to happen. This is why transfers happen more commonly than new licenses in Athens.
The city is allowed 12 each for D1 and D2 licenses, and it holds 15 and 17, respectively.
“A city could be above quota if there was a change in population,” Mullins said.
“If there was a reduction in the population that would reduce the number of permits and the quota, we’re not going to take the existing permits away. It could also happen if a city annexed a township with existing permits.”
Wiehl said, as far as he knows, neither of these things have happened.
But, the processes for both new and transferred liquor licenses remain the same, Mullins said. City officials are notified and are able to put forth a request for a hearing if they or any residents object to the license.
Fluff, though, is over that hump. Athens City Council opted to not request a state hearing at its meeting March 17 after local business owners, such as Class “A” Sounds Owner Aaron Thomas, voiced support for Fluff, according to a previous Post article.
Now, Kopelwitz said she is just enjoying preparing Fluff to reach its full potential as a “sit down” restaurant with a full-wait staff. They are also hiring new staff members, she said.
“If you think of what we are, you know we’ll be creative in our offerings,” Kopelwitz said. “We’re going to be doing fun things no one else is doing right now.”
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This article appeared in print under the headline "Fluff awaits liquor license"
