Fort Wayne cigar club limited by legal twist

Owner fumes after police tell him members can´t bring in liquor.
Posted on Sat. Jul. 11, 2009 - 09:00 am EDT   News Sentinel

Fort Wayne´s first cigar bar has been snuffed out before it even opened – but its owner says he´s not about to quit.

“I´m not looking for a loophole, but we are working on options. This is very frustrating. I put my whole savings into this place,” said Dan Hoffman, who was notified by Indiana Excise Police Friday that his Esquire Cigar Club at 1036 S. Thomas Road violated state liquor laws, even though he never intended to sell alcoholic beverages.

The problem, Hoffman said, involved his plan to allow club members to bring in their own liquor and store it in individual lockers. Although Hoffman contends charging an annual membership fee made the business a private club, he said excise police informed him they consider the Esquire a public business – and unable to accommodate alcohol without the necessary permits.

“(The police) were really cool, but it´s B.S. They cited about 30 different codes,” Hoffman said.

The business remains open, he added, but for now will only sell cigars, which members will be able to smoke because the Esquire is considered a tobacco store, and therefore exempt from the city´s no-smoking law.

Therein lies Hoffman´s Catch-22: If his business is legally considered a bar, he can´t allow customers to smoke. If it´s a tobacco shop, liquor is forbidden – at least for now.

“I couldn´t believe it. We tried to bring something cool to Fort Wayne, and tried to do it right. I want to be a good citizen and provide employment to people,” said Hoffman, who spent about $300,000 renovating the 120-year-old Wayne Township No.2 School, which was moved to the current site last year from its original location on Illinois Road. Hoffman said he researched the law, but apparently was given some bad information.

“But we´ll be OK,” vowed Hoffman, who plans to offer reduced membership rates during the summer months to attract customers.