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7 <br /> <br />Local Licensing Authority <br />Meeting Date: May 15, 2000 <br /> <br />the missing sections 8.11 and 8.12 of the Asset Purchase Agreement. <br /> <br />Member Lipton stated that in reviewing the letter from the Woodards attorney, Kim I. McCullough <br />dated May 12, 2000 and the Asset Purchase Agreement, it seemed evident to her that the Woodards <br />meant for the liquor license to be transferred and had thought the transfer had already been <br />completed. <br /> <br />Member Evans stated for the record that he was in agreement with the opinion of member Lipton. <br />Evans stated that by implication, if not documentation, evidence of assent was given based on the <br />contents of the Asset Purchase Agreement and the May 12, 2000 letter from Smith McCullough P.C. <br /> <br />Member Turner asked Authority Attorney Kelly if it was safe to assume that Kim I. McCullough of <br />Smith McCullough P.C., is in fact the representative for David L. Woodard and Barbara J. Woodard. <br />Attorney Kelly stated that it is clear based on terminology used in the letter, that he or she is the <br />representative of the Woodards. <br /> <br />Member Kimmett asked if Attorney Moore or his clients, Holly & Mike' s Ribs, Inc. had any further <br />information or comments for the Authority. Attorney Moore stated they had no further comments. <br /> <br />Member Kimmett motioned for the Authority to go into Executive Session for the sole purpose of <br />consulting with the Authority Attorney on pending litigation. Member Lipton seconded the motion. <br />Roll Call Vote: Lipton - yes, Kimmett - yes, Evans - yes, Myers - yes, Turner - yes. All members <br />were in favor, motion carried. <br /> <br />Deputy City Clerk Bolte read the public statement regarding executive sessions, Section 2.90.050 <br />Public Statement, of the Louisville Municipal Code. The Authority adjourned into Executive Session <br />at 8:58 p.m. <br /> <br />Chairperson Myers reconvened the meeting at 9:08 p.m. stating that legal consultation with the <br />Authority Attorney on pending litigation was the only matter discussed. <br /> <br />Chairperson Myers stated that Rule 5(b) of the Local Licensing Authority's Rules of Procedure is a <br />good rule and that he would be remiss to waive the requirements in any manner. He continued that <br />proof of consent should be considered at the time the application is brought before the Authority for <br />consideration. Chairperson Myers summarized the requirements of the Authority for the applicant to <br />prove substantial competent evidence of assent to the liquor license transfer. He stated it was his <br />belief that the evidence presented is inconclusive at best, with no direct evidence. The lack of <br />specific evidence, lack of named exhibits, and missing portions of documents was troubling. <br />Chairperson Myers also stated the applicants have had more than substantial time to mitigate the <br />issue of assent and that the Authority has been supportive in their approval of two temporary permits. <br />He stated that to him the applicant had not presented substantial, competent evidence of assent. <br /> <br />Member Turner stated agreement with the substantial amount of time given Holly & Mike' s Ribs, <br />Inc. and concurred his disappointment over the lack of substantial competent evidence provided. <br /> <br />\LFRED\V ARRAN~IQUORX2000WIINUTES'uM INUTES051500S PECI AL.DOC <br /> <br /> <br />