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Louisville Local Licensing Authority <br />Meeting Date: November 27, 2000 <br />Page 7 <br /> <br />penalties and interest referenced in Exhibit (A), states it was reversed out as a "short check," even <br />though he says he has a copy of a cashier' s check that was presented to the Authority as evidence of <br />payment at the July 31, 2000 hearing. Mr. Davis stated exasperation that this issue keeps coming back. <br /> <br />Member Jeffers stated that he was not referring to the October 26, 2000 letter from Dianne Ray attached <br />to the Order as Exhibit A. Mr. Davis stated that he was using the August and September 1999 penalty <br />and interest payment as another example to support his position that payments have been lost, <br />misplaced, or not properly posted to his account. Mr. Davis continued that he does not deny that they <br />have made late payments and are still struggling to make payments, but that they are trying to ensure <br />that when payments are made, the checks are good. <br /> <br />Mr. Davis stated that he felt the issue of delinquent sales tax was a matter for the Department of <br />Revenue to enforce and not the Local Licensing Authority. He commented that his attorney, Kevin <br />Moore agreed. Mr. Davis continued that when he spoke with Agent Kowalis in person on Tuesday, <br />prior to the signing of the affidavit, that Agent Kowalis made it clear to him that the Department of <br />Revenue should handle sales tax matters. Mr. Davis stated that Agent Kowalis said that as far as he was <br />concerned, Hickory Sticks is current and that receipt of the most recent payment would "take the wind <br />out of their sails" as far as the show cause heating goes. <br /> <br />Member Kimmett asked Mr. Davis to clarify the June payment and whether that meant May sales due in <br />June, or June sales due in July. Mr. Davis responded that the issue has been confusing for them and that <br />typically a June payment would be for May sales. He continued that when Agent Kowalis telephoned <br />him in early November, he stated that payments were due for June, July and August and that within a <br />few days, Agent Kowalis had called back and stated that the June payment for $2,580.00 had just been <br />posted to Hickory Sticks account. The $2,580 payment submitted was for May sales. <br /> <br />Vice Chairperson Lipton asked Mr. Davis how his sales tax payments are submitted. Mr. Davis stated <br />that they are sent through the mail to the Department of Revenue, and end up in a processing center. <br /> <br />Vice Chairperson Lipton asked Mr. Davis about a payment she recalled he said he had made in person <br />to Agent Kowalis' office. Mr. Davis responded "no," that he did not recall that instance and that he had <br />been to Agent Kowalis' office just last Monday to drop off their September payment, but that he was not <br />back from a trip to Europe. Mr. Davis stated that the agent that shared the cubicle with Agent Kowalis <br />took his payment. <br /> <br />Mr. Davis wanted to point out another mistake that involved the Department of Revenue. He continued <br />that, as of two weeks ago, the computer indicates a $750.00 "short check" for their current liquor <br />license, but that they never issued a check in that amount. He stated that there was a check returned for <br />$425.00, which he says was paid in certified funds on July 31, 2000. Mr. Davis said that Agent Kowalis <br />said the certified funds payment was paid to the Liquor Enforcement Division on Pierce Street, and that <br />they don't communicate with the Tax Compliance Division on Sherman Street. <br /> <br />Vice Chairperson Lipton asked if any members had any further questions for the licensee. <br /> <br />7 <br /> <br /> <br />