Local Licensing Authority Minutes 2008 03 24

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Local Licensing Authority Minutes March 24, 2008 Page 6 of 8 Spears who reported Ms. Hosak was sober when she arrived at the bar and then had approximately 5 drinks during the course of the evening. He obtained the bar tab which indicated she had purchased. several drinks. He also observed two other patrons who appeared intoxicated later identified as Kriss Hale and Jason Gillespie. He got voluntary consent from Ms. Hosak to do a PBT which resulted in a .308 reading. Mr. Newman asked if there were other causes of visible intoxication including legal or illegal substances. Officer Adam responded there could be. Newman asked if Officer Adam had ever seen anyone looking not intoxicated and then ten minutes later looking intoxicated. He said he had on occasion. Newman asked if taking a shot of alcohol or belching before taking a PBT could cause an elevated result. Adam stated it could. Mr. Newman called Kriss Hale to the stand. She was sworn in and testified. She said she had one beer and one shot of Red Bull and Jagermeister that night in the bar. She answered yes to the question if she consumed something off the premises. Candice Spears was sworn in and testified. She watched Ms. Hosak during the evening, didn't see her consume more than three drinks and Hosak was not visibly intoxicated at any time during the evening. Katelyn Hosak was sworn in and testified she thought she consumed the three vodkas and two tequilas listed on the tab. She was uncertain exactly what she had consumed. Hosak reported she had been on a diet consisting of vegetable soup and some fruit for four days. She said she didn't tell anyone she was on this particular diet. She reported the alcohol didn't hit her quick but hit her hard. Jennifer Zane was sworn in and testified. She did not think Ms. Hosak appeared visibly intoxicated until right before she fell over. She didn't remember telling either the police officer or the fire personnel Hosak had consumed 4 or 5 drinks that evening. Mr. Newman showed the video of the night in question. He noted Ms. Hosak showed no signs of intoxication up to the point of last drink service. Closing Remarks: Mr. Fredericksmeyer stated he felt circumstantial evidence pointed to probable cause for finding the bartender served to visibly intoxicated persons. Mr. Newman pointed to the video showing the drinks Ms. Hosak was served and that she was walking cleanly before being served the final drink. Chairperson Rommelfanger closed the hearing.