Criminal charges have been filed against a Xenia restaurant and one of its employees after the establishment continued to serve alcoholic beverages after its liquor license was revoked, according to state officials.
Café Olé and Mark Turner, a 35-year-old Xenia resident have been charged with the illegal sale of beer and “keeper of a place where alcohol is sold in violation of the law,” Agent in Charge Eric Wolf, of the Ohio Investigative Unit of the Ohio Division of Liquor Control said. Both charges are misdemeanors.
The business was open and operating on Oct. 3 when the search warrant was served and the criminal summons was issued.
“He (Turner) was the person actively selling the alcohol,” Wolf said
The Ohio Investigative Unit, a division of the Ohio Department of Public Safety and the enforcement arm of liquor control, launched an investigation in September after receiving information from Xenia Police that the business continued to sell alcoholic beverages. State investigators executed a search warrant on Oct. 3 as a result of the investigation that spanned more than two weeks.
“They continued to operate as a bar/restaurant without a permit,”
In May, the Ohio Division of Liquor Control issued a notice to 131 North Allison, LLC, which is more commonly known as Café Olé, stating its liquor license would not be renewed as of June 1, according to a copy of the notice obtained by the Dayton Daily News. The document states Café Olé would be prohibited from selling alcoholic beverages because the liquor control division received a notice from the state tax commissioner that the business was delinquent in filing sales or withholding tax returns; was liable for outstanding sales or withholding tax penalties or interest; or it has been assessed for unpaid taxes.
Under state law, a liquor license cannot be renewed until the delinquent tax issue has been resolved.
“When we get that notification, we cannot renew their permit until there is some kind of resolution, said Matt Mullins, a spokesman for the Ohio Division of Liquor Control.
The phone number for Café Olé has been disconnected and the owner could not be reached.
Laneva Turner is listed as the agent for Café Olé which was formed on June 30, 2011, according to state records.
Xenia police were dispatched to the business at least three times this month. Officers responded to Café Olé on Oct 2 to turn the water off. The next day, officers were dispatched to assist state investigators. On Oct. 6, officers made a disorderly conduct arrest at the business, according to police records.
The spokesman for Xenia Police Department was not available on Tuesday to provide further information on these incidents.
In September, nine people were arrested on charges related to failure to disperse disorderly conduct after Xenia officers responded to the restaurant.