Local Licensing Authority Minutes 2008 04 28

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Local Licensing Authority Minutes April 28, 2008 Page 4 of 8 Authority to do the same. He then moved the Authority, based on the Findings of Fact, Conclusions of Law and Final Decision and Order, suspend the Hotel and Restaurant Liquor License of the Licensee for atwenty-one (21) day period with fourteen (14) days held in abeyance from the date of this order. This suspension is to run concurrently with the previous suspension for the 11/19/07 incident. Rommelfanger seconded. Roll Call Vote: Rommelfanger -yes, Carlson -yes, Lipton - no, Wilson - no and Mulvahill - no. Motion failed. Wilson moved the Authority note the licensees, Thomas and Virginia Newman appeared on their own behalf to present evidence in aggravation and mitigation and Stefan Fredricksmeyer appeared on behalf of the Louisville Licensing Authority to do the same. She then moved the Authority, based on the Findings of Fact, Conclusions of Law and Final Decision and Order, suspend the Hotel and Restaurant Liquor License of the Licensee for atwenty-one (21) day period with seven (7) days held in abeyance from the date of the order. This suspension is to run concurrently with the previous suspension for the 11/19/07 incident. Rommelfanger seconded. Roll Call Vote: Mulvahill -yes, Lipton -yes, Wilson -yes, Carlson -yes and Rommelfanger -yes. Motion passed. D. Show Cause Hearing -The Back Room Brewery, Inc. d/b/a The Back Room -Hotel and Restaurant Liquor License - 328 S. McCaslin Blvd. - 2/12/08 Incident Chairperson Rommelfanger called the show cause hearing to order. Attorney Fredricksmeyer, Special Prosecutor for the Louisville Local Licensing Authority, and Thomas Newman, Licensee, reported they were ready to proceed. Chairperson Rommelfanger made the Show Cause Order and Notice of Hearing part of the record. Officer Joe Muldoon, Patrol Officer with the Louisville Police Department, was sworn in as a witness and testified he was dispatched to Chili's on February 12, 2008. An employee of Chili's called concerning a person who had ordered and picked up takeout. Their concern was the party's intoxication and ability to drive. When he arrived at the scene, Officer Muldoon noticed a man approaching a vehicle, matching the description given by dispatch, carrying a bag of food. Officer Brawner arrived as the man was getting into the vehicle. Officer Brawner asked the party, later identified as Scott Watson, to step out of the vehicle. Officer Muldoon noticed many signs of intoxication as Mr. Watson stepped out of the vehicle. Mr. Watson reported he had been drinking at the Back Room and had not had anything to drink since then. He was placed under arrest for driving under the influence by Officer Brawner. Officer Muldoon went into Chili's and spoke to Karen DeGroat and Lauren Feijoo, two employees of Chili's. Ms. Feijoo indicated she had taken the order for the takeout. She established timelines and remarked about the intoxication of the individual both on the phone and when he came in to pick up his food.