Liquor Commission appeals ruling in favor of Whiteclay store owner

Published December 22, 2004
THE ASSOCIATED PRESS

The Nebraska Liquor Control Commission has appealed a judge’s decision allowing the son of a one-time Whiteclay beer store owner to obtain a liquor license to run the business.

In November, Lancaster County District Judge Jeffre Cheuvront overturned an April decision of the Nebraska Liquor Control Commission denying Jason Schwarting’s application for a license to sell beer from the Arrowhead Inn. The inn has been run by the Schwarting family since 1980.

The liquor commission denied Jason Schwarting’s application on the grounds that he was not fit or willing to confirm to the rules and regulations of the commission based on two prior liquor law violations. It also believed there was a hidden ownership arrangement with his father, Don Schwarting.

Cheuvront rejected those reasons in his Nov. 17 ruling, which was appealed Wednesday by the commission.

Don Schwarting lost the license to run the Arrowhead Inn in March after he was convicted of a felony for selling cars without a license. State law does not allow a convicted felon to hold a liquor license.

There are three beer stores operating in Whiteclay, which is just across the South Dakota border and the Pine Ridge Indian Reservation where alcohol is banned. Activists have tried for years to stop beer sales, which cater primarily to Natives.

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