Local Licensing Authority Minutes 2000 05 08

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Louisville Local Licensing Authority Meeting Date: May 8, 2000 transfer applicant one additional week in which to obtain consent from the current license holders David L. Woodard and Barbara J. Woodard. He continued that, should the attempt to obtain written consent be unsuccessful, he would prepare a brief outlining his challenge of the Authority' s Rule 5B, and arguing that consent had been implied at the time of the sale. Further, attomey Moore stated that this meeting was the first time he had heard that the signatures of both David L. Woodard and Barbara J. Woodard were required for the proof of assent. He requested Chairperson Myers set a special meeting date of the Local Licensing Authority to review this transfer application and to grant him approval to subpoena witnesses. Attorney Kelly stated that the request for a special meeting by the applicant had been anticipated and suggested May 15, 2000 at 7:30 p.m. as the proposed date. She further stated that the sixty-day temporary permit issued March 16, 2000 expires on May 15, 2000 making the proposed special meeting the last opportunity for the applicant to present testimony and to be granted transfer of the liquor license. Sergeant Riggins asked the attorney for the applicant if he had any reason to believe that the current license holder would attempt to evade subpoena service. Mr. Moore responded that he had no reason to believe this would be the case. He further commented that the allegations contained in a letter to the Authority from David L. Woodard outlining his reasons for not signing a letter of consent would be better resolved in a court of law and not before the Local Licensing Authority. Authority attorney Kelly stated that the subject of subpoena power had been considered and determined inappropriate in this situation. She continued that the power to subpoena is reserved for the Clerk of the Authority in hearing procedures and not, in this instance, for the completion of an application Attorney Moore stated it was not his intent to use the subpoena privilege to complete the application of his client' s, Holly & Mike's Ribs, Inc., but rather to extract answers concerning the nature of the sale and the contractual responsibilities of each party in the purchase of an on-going business. Mr. Moore further stated that Rule 5(b) of the Authority's Rules and Procedures unfairly gives the license holders David L. Woodard and Barbara J. Woodard authority to stymie the transfer process of the liquor license causing undue hardship to Holly & Mike's Inc. Attorney Kelly reiterated that the assent of the current license holder is part of the application process and as such, does not qualify for use of subpoena powers. Member Jeffers asked if the requirement of consent was a state rule or a rule of the Local Licensing Authority. Attorney Kelly responded that the rule is contained in section 5(b) of the revised Rules of Procedure adopted by the Local Licensing Authority March 13, 2000. She added that she had discussed this matter with Matt Cook and Joyce Truitt of the State Liquor Enforcement Division and that they opined it was a prudent and reasonable requirement for any transfer application. Attorney Moore reiterated his request that the Authority continue this item one more week. Jeffers asked Mr. Moore how he would proceed at a special meeting if unable to obtain the written consent of the current license holders David L. and Barbara J. Woodard. Attorney Moore responded that \~FRED\VARRANLLIQUORX20OOLMINUTESWIINUTES050800.DOC