Local Licensing Authority Minutes 2005 03 28

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Local Licensing Authority Minutes March 28, 2005 Page 2 of 7 B. Renewal Application/Report of Manager Change - 7-Eleven, Inc. d/b/a 7- Eleven - 3.2 Percent Beer Retail - 300 S. McCaslin C. Renewal Application - American Legion Walter Rhodes Post #111 - Club Liquor License - 1130 Pine St. D. Renewal Application - The Back Room Brewery, Inc. d/b/a The Back Room - Hotel and Restaurant Liquor License - 330 S. McCaslin Blvd. E. Renewal Application - PSL Corporation d/b/a Siamese Plate on the Go - Hotel and Restaurant Liquor License - 133 McCaslin Blvd #H. Mulvahill called for any changes to the consent agenda. Koertje moved the consent agenda be approved. Wilson seconded. Roll Call Vote: Mulvahill - yes, Koertje - yes, Rommelfanger - yes and Wilson - yes. Authority Business A. Findings on Renewal Hearing - Celtic Way, L TD d/b/a Druids Arms - Tavern License - 809 Main St. Attorney Light reminded the Authority they had continued the hearing to this meeting and instructed the city attorney's office to draft a finding on the renewal hearing for this licensee. He stated it was appropriate for the Authority to adopt a set of written findings so there would be record of a final action in regard to the renewal. Secretary Hanson reported Douglas Charnley brought a letter to her office on March 14, 2005 stating Druids intent not to renew the license along with the original city license. Koertje moved the Authority accept the Findings of Fact, Conclusions of Law, and Final Decision and Order as prepared by the Authority attorney. Mulvahill seconded. Roll Call Vote: Mulvahill - yes, Koertje - yes, Wilson - yes and Rommelfanger - yes. B. Findings on Show Cause Hearing - The Back Room Brewery, Inc. d/b/a The Back Room - Hotel and Restaurant License - 328 South McCaslin Blvd. Attorney Light addressed the Authority concerning the preliminary motion they had adopted at the last meeting stating there was evidence the state liquor laws had been violated concerning what it being referred to as the second incident (12/12/04). The first incident (9/24/04) was found to have insufficient evidence of violations so was dismissed as the order reflects. The order addresses the second incident and sets up the possibility of suspension. Mulvahill noted Stefan Fredricksmeyer, special prosecutor for the Authority, and Thomas Newman, owner of the establishment, were present. With respect to sentencing, Mr. Fredricksmeyer stated the only aggravating factor he saw present was Mr. Newman had not taken responsibility for this incident. He recommended the Authority consider a fine in lieu of suspension. Mr. Newman said the bartender