Local Licensing Authority Minutes 2000 05 15

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Local Licensing Authority Meeting Date: May 15, 2000 5 Chairperson Myers stated that all evidence submitted by the applicant or their representative, can be considered by the Local Licensing Authority. Attorney Moore continued with his position statement noting that the letter provided to the Local Licensing Authority by David L. Woodard, April 14, 2000 implies that prior to that date, the current license holder was willing to provide assistance. Mr. Moore stated that the contents of the letter were vindictive and by virtue of Rule 5 of the Local Licensing Authority' s Rules of Procedure, have made the Woodards a necessary party in the transfer, a position they will continue to use against his clients Holly & Mike's Ribs, Inc. Attorney Moore further argued that even the attorney for the Woodards, Kim I. McCullough, P.C., stated in his letter of May 12th, that at the time the Termination and Release Agreement was signed in January, his clients believed the slate was "wiped clean" and that "any and all future obligations of the parties were negotiated," that "no mention was made of the liquor license" and finally that "the Woodards were led to believe that the transfer had been accomplished." Attorney Moore stated that the harshness of Rule 5 of the Local Licensing Authority' s Rules of Procedure places undue hardship on his clients Holly & Mike's Ribs, Inc. He continued that his clients are proper and reasonable parties that have held a temporary permit for six months without incident. Chairperson Myers stated to Mr. Moore that the conduct and character of his clients was not in question at this point, but rather proving consent by the current license holder to the transfer of the liquor license. Mr. Moore stated that the requirement of Rule 5(b) to obtain a certified statement of consent for a liquor license transfer is acceptable and prudent in most cases, but that in the case of his client' s is being used in a harsh and inflexible manner. He stated that the former owner and current license holder, David L. Woodard, has been given the unfair latitude of saying that he will not give his assent to the transfer while simultaneously claiming Holly & Mike's Ribs, Inc. could be held liable for failure to complete the transfer. Attorney Moore continued stating that David L. Woodard did not intend to sell the restaurant without the liquor license, as he would no longer have legal possession of the premises. Additionally, if Mr. Woodard had intended to keep the license, he would have renewed it prior to expiration in February 2000. Mr. Moore argued that Mr. Woodard did not renew the license because he knew Holly & Mike's Ribs, Inc. had applied to transfer the license and he had no reason to believe the transfer would not be accomplished. Further, Mr. Moore stated that Mr. Woodard's signature on the temporary permit application offers additional evidence of assent. Chairperson Myers asked Mr. Moore how he reconciled the contents of the letter from David L. Woodard of April 14, 2000 and that of the letter from Smith McCullough, P.C. dated May 12, 2000. Attorney Moore responded that neither letter states a lack of consent but rather unwillingness to assist with a process they thought had already been completed. Attorney Moore continued that the Authority, by Rule 5 of its Rules of Procedure, has been "given away" to Mr. Woodard who no longer owns or has possession of any part of the former business and who has clearly implied he wants no further association. Chairperson Myers stated that Rule 5 is a \\FRED\VARRANALIQUOR~2000WI IN UTESXMINUTES 051500SPECIAL.DOC