Last week, Luther’s BBQ Restaurant at 3 W. Oak, closed.

The building’s second story business, the River Room Event Center, is getting a new phone number and will honor any reservations that were made, according to Al Niece, owner of the building.

“There were some reservations in place for some events (at the River Room), I am honoring them all,” Niece said. “The River Room is one of the largest event centers in the area.”

Niece is in the process of having a phone line set up for the River Room to redirect those interested in reserving the event center.

This story will be updated when the phone number is in place.

The owners of the restaurant business, David and Tina Lipe and Luther Salisberry  opened the BBQ restaurant at the corner of Oak Street and National Avenue in December 2019.

“They were behind on rent,” Niece said.  “Having to go through the (COVID 19) pandemic we were trying to work with them. After they got shut down by the government last week…We had to terminate their lease for non-payment.”

“I’m told the government shut them down for taxes,” Niece said.

KDOR Executed Tax Warrants and Seized Assets

On November 1, 2022, agents from the Kansas Department of Revenue (KDOR) accompanied by the Fort Scott Police Dept. and the Bourbon County Sheriff’s Dept. executed tax warrants and seized the assets of Luther’s BBQ LLC for nonpayment of Liquor Enforcement Taxes and Sales Taxes: totaling $38,783.96, according to a press release from the KDOR.

The warrants were filed in Bourbon County.
The types of assets seized include all known bank accounts, on-site cash, business inventory, as well as personal property belonging to the owner. The business was sealed closed with a public notice posted on the outside.

“Luther’s BBQ LLC has paid all outstanding judgements and assets have been released to the business,” according to an email from KDOR on November 9.

KDOR’s policy and practice is to work with taxpayers in delinquent status to voluntarily enter into repayment agreements, according to the press release. It is only after these efforts and multiple failed collection attempts that the Department is forced to execute a tax warrant, utilizing such actions as bank levies, till taps, and ultimately asset seizure to ensure compliance with the law.

KDOR’s responsibility to recover delinquent taxes not only ensures fairness for individuals and business owners who do pay their taxes, but also ensures that money is lawfully collected to fund state and local programs on which Kansans depend, according to the press release. These programs include education, highways, public safety, and human services.

Customers, employees or others that may have items at the business may contact the agent assigned to
this case at 785-250-5084.

Niece feels confident that the lower floor restaurant space will be leased soon, he said.

“We’ve been approached several times to see if we would entertain another restaurant,” Niece said. “We’ll get somebody else in there.”

To view the prior story on the opening of Luther’s:

Luther’s BBQ Opens