While the Newton VFW battles the city to regain its liquor license, the state has issued a ruling that means the post will stay dry for at least the next two months.

As of Jan. 4, the Newton VFW is serving a 60-day suspension of its state liquor license.

Kansas Alcohol and Beverage control conducted a hearing and issued a ruling in October to determine if the VFW had violated the states immediate-access law by denying access to Newton police officers in February.

The ABC found the VFW had violated the law and imposed the sanction. There will be no appeal of the ABC decision, said Don Typer, post commander.

The Newton lodge already had its city liquor licensed revoked in August. If the revocation stands, the VFW will not be able to reapply for a license for a year.

In November, the VFW and city appeared in Harvey County district court to argue the VFWs right to appeal the citys license revocation. The VFW argued it had a right to a jury trial in the case.

The city argued the court only was to decide if the city acted fraudulently, arbitrarily or capriciously.

A motion requesting a stay of the revocation was denied.

Since November, district judge Carl Anderson ruled the VFW does not have the right to have its case reheard in district court, which means there will be no jury and no new evidence will be presented, said Bob Myers, city attorney.

Both sides will file written briefs and present oral arguments in front of a judge to decide if there were any irregularities in the decision that was made during the city commission trial on the case.

Myers said the ABC ruling likely will not have any bearing on the city case.

However, during the ABC hearing, the VFW admitted it broke the immediate-access law.

No doubt we will bring that up, Myers said. When they went before the ABC, they admitted the violation. They conceded that and decided to take their lumps. Well probably bring that up here. They cant say they violated the law there and deny it here.

No club can serve alcohol without a state liquor license, so regardless of what happens with the city case, the post will not be able to serve liquor until the state suspension is up.

There will be a status conference on the city case Friday.

Typer said he did not want to comment on the ABC sanctions because of the open case with the city.

He said the post has made some adjustments since it has been forced to go liquor-free. The post has changed its hours and adjusted some prices on its menu to compensate for the lack of liquor revenue.

Typer said the loss of revenue has hurt the posts bottom line, but the post has no intentions on closing.