Local Licensing Authority Agenda and Packet 2019 10 28

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Local Licensing Authority Minutes September 23, 2019 Page7of8 Officer Rogers went across to Por and watched to make sure everyone was safe. Members of Huckleberry staff indicated which patron was the individual who was refused service at their establishment. Officer Odenbach assisted the patron with his receipt. Officer Rogers determined the server's name at Por by looking at the patron's receipt. The bartender and the owner of Por spoke to Officer Rogers. The bartender reported she did not think the patron was intoxicated to the point to refuse service and was only at the bar a short time before the police took him away. Mr. Walsh asked about the timing of the incident. Officer Rogers noted he helped get the patron out of the restaurant and came back later to talk to the bartender. He reported the male had been refused service across the street and issued a ticket to Por's bartender for serving to an intoxicated person. Mr. Walsh was sworn in and noted he was brought into the aftermath of this incident. Officer Rogers came later in the evening and wanted to speak to the bartender. Mr. Walsh did not hear the bartender say the individual was intoxicated. She reported he sat down without incident, she gave him water and a menu. The patron ordered and talked to surrounding individuals. The margarita was set down in front of him and it was only three minutes according to their point of sale system until he was pulled away from the bar by the police. Mr. Walsh said the individual did not display any signs of intoxication to his staff. The patron got up, went with the officers and had a civil conversation. Mr. Walsh noted his staff is thoroughly trained and very aware of the policies concerning alcohol service. Mr. Gollin asked if Mr. Walsh saw this patron come into the bar. Mr. Walsh said he was inside the restaurant he did not see the man come in and noted the patron was on the front outdoor patio area and there was nothing to alert him to any problem with this individual. Machado asked if Mr. Walsh was present during the officer's entire discussion with the bartender. Mr. Walsh reported he was and said the bartender did not say the patron was intoxicated. Mr. Gollin presented his closing statement. Mr. Walsh presented his closing statement. Machado closed the hearing and called for questions and deliberation from the Authority. Brown found it difficult to believe a patron observed as intoxicated in one establishment was not observed as intoxicated in another.