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Local Licensing Authority <br />Minutes <br />April 28, 2008 <br />Page 3 of 8 <br />Stefan Fredericksmeyer, Special Prosecutor for the Louisville Local Licensing <br />Authority and Thomas and Virginia Newman, Licensees, indicated they were <br />ready to proceed. <br />Attorney Fredericksmeyerstated though he didn't feel there was mal-intent on <br />the part of the bar; he felt if the police had been called earlier, the fight that <br />occurred in the parking lot could have been avoided. <br />Mr. Newman felt Mr. O'Neal changed his story under oath. He stated they had <br />followed the guidelines set out in the training program provided by the City. He <br />questioned the timing of the hearing in relationship to the incident. <br />Discussion by the Authority centered on the guidelines for suspension and <br />holding days in abeyance. A review of the aggravating and mitigating <br />circumstances followed. Authority Member Mulvahill suggested no days be held <br />in abeyance on this matter. <br />Mulvahill moved the Authority, based on the Findings of Fact, Conclusions of <br />Law and Final Decision and Order, suspend the Hotel and Restaurant Liquor <br />License of the Licensee for a seven (7) day period with zero (0) days held in <br />abeyance from the date of the order. Seconded by Lipton. Authority Attorney <br />Light offered a friendly amendment to note in the preceding paragraph of the <br />order the parties appearing for the licensee were Thomas and Virginia Newman <br />and Stefan Fredricksmeyer appearing on behalf of the Local Licensing Authority. <br />Motioner and Seconder accepted the friendly amendment. Roll Call Vote: <br />Mulvahill -yes, Wilson - no, Lipton -yes, Carlson -yes and Rommelfanger - <br />yes. Motion approved. <br />C. Evidence in Mitigation/Aggravation -Findings and Order -Show Cause <br />Hearing -The Back Room Brewery, Inc. d/b/a The Back Room -Hotel <br />and Restaurant Liquor License - 328 S. McCaslin Blvd. - 1/3/08 <br />Incident <br />Attorney Light reminded the Authority this item was continued from the March 24, <br />2008 meeting when the Authority held a Show Cause Hearing and adopted a <br />motion finding sufficient evidence to support certain charges as stated in the <br />show cause order and directed the Authority Attorney to prepare a draft order of <br />findings of fact, conclusions of law, and final decision and order. He addressed <br />the order in the packet and asked the parties representing the City and the <br />Licensee to present their evidence in aggravation and mitigation. <br />Attorney Fredricksmeyer pointed out this was the second violation in less than a <br />two month period. <br />Mr. Newman presented no evidence. <br />Discussion by the Authority refocused on the aggravation/mitigation guidelines <br />and concern over the impact on the business. Attorney Fredericksmeyer asked <br />the Authority to consider running the suspensions concurrently. <br />Carlson moved the Authority note the licensees, Thomas and Virginia Newman <br />appeared on their own behalf to present evidence in aggravation and mitigation <br />and Stefan Fredricksmeyer appeared on behalf of the Louisville Licensing <br />