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Louisville Local Licensing Authority <br />Meeting Date: September 29, 2003 <br />Page 4 of 5 <br /> <br />Johnson stated he had no further evidence of mitigation. He explained mitigation was <br />offered to assist the Authority in assessing the penalty. He requested the Authority <br />consider a minimum amount of closure time. <br /> <br />Special Prosecutor Shapiro made no comments in aggravation to the sentencing. <br /> <br />There was Authority discussion relative to the appropriate penalty for the violations and <br />a determination was made there has not been a violation within the last two years. <br />There was consensus on the following two penalty options: <br /> · A fine in lieu of closure based on 20% of the gross revenue of alcohol sales for a <br /> three days period (Friday through Sunday). <br /> · A three-day closure, with one day served and two days held in abeyance for a <br /> period of one-year. <br /> <br />Johnson requested permission to consult with his client as to his sentencing options. <br /> <br />Chairperson Lipton moved the licensee be given until 5:00 p.m. on September 30, 2003, <br />to contact the City Clerk with his choice on the penalty assessment: 1) A fine in lieu of <br />closure based on 20% of the gross revenue of alcohol sales for a three day period <br />(Friday through Sunday) or 2) A three day closure with one day serviced and two days <br />held in abeyance for a period of one-year. Seconded by Wilson. Roll call vote: Wilson- <br />yes, Kimmett-yes, Koertje-yes, Mulvahill-no, Lipton-yes. Paige absent. <br /> <br />POLICE DEPARTMENT REPORTS <br /> <br />A. Incident Report - Henry's (9/10/03) <br /> <br />Detective Lanphere reviewed the incident report and supplemental reports relative to <br />the September 10, 2003 incident at Henry's, involving an altercation, which occurred <br />outside of the bar. <br /> <br />The Authority determined there was sufficient evidence for a Show Cause Hearing <br /> <br />Mulvahill moved the Authority set a Show Cause Hearing for Henry's Bar & Grill, for <br />violations of the State liquor codes and the Louisville Municipal Code, for October 27, <br />2003, at 7:00 p.m. Lipton seconded. <br /> <br />Koertje offered a friendly amendment to appoint Mark Shapiro as Special Prosecuting <br />Attorney for the Show Cause Hearing. Mulvahill and Lipton accepted the amendment. <br /> <br />Roll call vote: Lipton-yes, Koertje-yes, Kimmett-yes, Wilson-yes, Mulvahill-yes. Paige <br />absent. <br /> <br />B. Incident Report- Old Sante Fe Mexican Grille (9/20/03) <br /> <br />G:\LIQUOR\2003\MINUTES\MINUTES SEPT 03.DOC <br /> <br /> <br />