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Local Licensing Authority <br />Minutes <br />March 24, 2008 <br />Page 5 of 8 <br />Seconded by Rommelfanger. Roll Call Vote: Gunning -yes, Mulvahill -yes, <br />Wilson -yes, Lipton -yes and Rommelfanger -yes. <br />B. Show Cause Hearing -The Back Room Brewery, Inc. d/b/a The Back <br />Room -Hotel and Restaurant Liquor License - 328 S. McCaslin Blvd. <br />- 1/3/08 Incident <br />Rommelfanger called the show cause hearing to order. Attorney <br />Fredricksmeyer, Special Prosecutor for the Louisville Local Licensing Authority, <br />and Thomas Newman, licensee, reported they were both ready to proceed. <br />Chairperson Rommelfanger made the Show Cause Order and Notice of Hearing <br />part of the record. <br />Officer Mark McMillan, Patrol Officer with the Louisville Police Department, was <br />sworn in as a witness and testified he was dispatched to the Back Room on <br />January 3, 2008 to assist medical personnel with a person who had passed out. <br />He spoke to Jennifer Zane who said Katelyn Hosak had passed out after <br />consuming 3 to 4 vodka and cranberry drinks. Hosak was on a "soup diet" and <br />Zane believed that was the reason she passed out. Officer McMillan spoke to <br />Shawn Ellegood, the bartender, and the department obtained the bar tab <br />showing Ms. Hosak had purchased 7 drinks. He could not testify to her being <br />served those drinks, only having them on her tab. <br />Officer McMillan noticed during the time when most of the other patrons in the <br />bar were focused on the medical personnel, two individuals hugging and <br />swaying. These individuals, later identified as Kriss Hale and Jason Gillespie, <br />seemed oblivious to what was going on and appeared intoxicated. <br />Officer McMillan did issue a summons to Mr. Ellegood for serving to visibly <br />intoxicated persons. He issued the ticket based on all three of the individuals <br />mentioned in his testimony. <br />Mr. Newman asked Officer McMillan if other things could cause a person to <br />appear intoxicated. McMillan responded prescription drugs, illegal drugs or a <br />medical condition could cause the appearance of intoxication. Officer McMillan <br />explained alcohol absorption and levels of intoxication. <br />Officer Donald Adam a patrol officer with the Louisville Police Department was <br />sworn in and testified. Attorney Fredericksmeyer asked if Officer Adam had been <br />trained in administering a preliminary breath test (PBT). Officer Adam responded <br />yes. Fredericksmeyer asked if the PBT was admissible in court. Adam stated it <br />is not, but it can be used to determine probable cause. <br />Officer Adam testified he was dispatched to the Back Room on January 3 to <br />assist medical personnel with Katelyn Hosak. She was on the floor, sitting up at <br />the time, he smelled alcohol, she was disoriented, her speech was slurred and <br />her eyes were bloodshot. Her friend, Jennifer Zane, was tending to her when fire <br />personnel arrived and he let them help her. Officer Adam interviewed Candice <br />