Linton bar closed by state officials after owner's conviction

The N'Zone bar at 33 East Vincennes Street was closed when an Indiana State Excise officer served the "pickup order" on the establishment's permit because one of the corporation's stockholders is no longer eligible to hold a three-way liquor permit because he has been convicted of a class C felony.

According to the Indiana Excise Police Officer Brian Stewart, co-owner Tony Niebrugge had a Type 210 permit -- more commonly known as a three-way permit -- to sell beer, wine and liquor.

Following his conviction on April 24 by a Greene County Superior Court jury of criminal recklessness with a deadly weapon, a class C felony and a class D charge of residential entry, he is no longer qualified to hold a liquor permit, Stewart told the Greene County Daily World on Friday morning

Niebrugge is slated to be sentenced on those charges June 9.

Anyone who has been convicted of a Class A, B, or C felony can not hold a permit 10 years from the date of conviction. This means that Niebrugge won't be able to secure a state liquor sales permit until April 2018 at the earliest, Stewart explained.

His criminal conviction is a violation of an administrative code that outlines the qualifications of permit holders.

"If you don't have a permit, you can't sell alcohol anymore," Stewart stated.

Niebrugge and Susan Pritchard are the stockholders in Niebrugge ST, Inc. which owns the bar establishment,

The reason for the pickup order that was issued by Indiana Alcohol and Tobacco Commission prosecutor Jennifer Drewry is simple, according to Stewart.

"One of the owners no longer qualifies to hold a permit," he said.

The excise officer pointed out that the N' Zone has had no violations on record since Niebrugge took over the business and was issued his retail liquor sales permit in mid-2006.

Stewart served the pickup order at 3:50 p.m. on Thursday and the bar was closed down immediately.

Technically, the business could remain open and sell food and soft drinks, but would be prohibited from serving any kind of alcoholic beverages, Stewert pointed out.

Stewert also explained that if there was a stock sale or transfer to another party the permit might be reinstated -- but that approval would have to first come from the Greene County ABC Board and then the state Alcohol and Tobacco Commission in Indianapolis.

Niebrugge is currently in the Greene County Jail after he was picked up on Monday on an alleged bond violation. He is being held without bond.

The court had allowed Niebrugge to remain free on the bond he had already posted in the case until his sentencing hearing. His total bond was set by Superior Judge J. David Holt at $84,500 with 10 percent allowed ($8,450 in cash) and $50,000 surety bond.

On Monday, Deputy Prosecuting Attorney Cheryl J. Stone filed a petition to revoke Niebrugge's bond. The petition was approved by the court and a warrant for his arrest was issued. He was then taken into custody.

The petition alleges that as a condition of bond, Niebrugge was ordered to have no contact with the victim in the case, and that the victim had been staying out of the county because of concerns for her safety.

Niebrugge is alleged to have violated the no-contact condition on Friday, May 9, when the victim -- his business co-stockholder Susan Pritchard -- came to Linton to visit with her mother.

According to the petition, Niebrugge followed her, then parked his vehicle outside a residence while she was there. Niebrugge is also alleged to have made threatening remarks on a microphone at his bar concerning the victim's new boyfriend.

The petition also describes an incident in late April when Niebrugge allegedly made remarks about the victim to one of her friends.

The deputy prosecutor alleges that Niebrugge had violated the conditions of bond and that he poses a risk to the safety of the victim.

This case began when Niebrugge was arrested July 13, 2007 and 10 felony and misdemeanor charges were filed against him.

Niebrugge was alleged to have broken into Pritchard's residence on W. Vincennes St. in Linton, gaining entry by breaking glass in a door, according to the probable cause affidavit. He was also accused of firing shots with a handgun through the door and pointing the gun at a male subject and threatening his life.

Five of the original criminal counts were dismissed on a pre-trial motion by the prosecution on April 18.

At the conclusion of a three-day April trial, Niebrugge was acquitted on three counts but convicted of two counts.

The jury found him not guilty of a class A felony charge of burglary; intimidation with a deadly weapon, a class C felony; and pointing a firearm, a class D felony.