Local Licensing Authority Minutes 2001 02 26

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Louisville Local Licensing Authority Meeting Date: February 26, 2001 7 Hearing no objection by the Licensee, Chairperson Myers admitted Exhibit "A" into evidence. Shapiro asked Officer Sundberg to describe the events that occurred after his initial contact with Mr. Meagher. Sundberg stated that upon the arrival of assisting officers, he entered Bungalow Wine & Spirits and spoke to Minchul Shin. Officer Sundberg identified Mr. Shin seated at the defense table. Sundberg stated that he asked Mr. Shin if he had sold Mr. Meagher alcohol that evening and that Mr. Shin responded that he had. Shapiro asked what happened to Mr. Meagher that night. Sundberg stated that he had called for officer assistance and requested that a PBT unit and camera be brought to the scene. Sundberg stated that the alcohol purchased was photographed for evidence and placed into Mr. Meagher's vehicle. Sundberg stated that Mr. Meagher refused to cooperate with any of the sobriety testing and was handcuffed and placed into the backseat of his patrol car. Attorney Shapiro showed Sundberg a photograph marked Exhibit "B" and asked him if that was the alcohol photographed on December 1, 2000. Sundberg stated it was and Shapiro asked for Exhibit "B" to be entered into the record as evidence. Officer Sundberg described the alcohol purchased as a package containing a bottle of Jack Daniel's whiskey with two glasses. Hearing no objection by the Licensee, Chairperson Myers admitted Exhibit "B" into evidence. Shapiro asked what happened to Mr. Meagher and his vehicle that evening. Sundberg stated that Mr. Meagher gave the officers permission to move his vehicle out of the fire lane and park it in a parking space at the shopping center. Sundberg stated that Mr. Meagher xvas transported by Officer Lanphere and Officer Longobricco to the Alcohol Recovery Center in Boulder. Shapiro asked Sundberg to summarize his investigation after Mr. Meagher was taken to the recovery center. Officer Sundberg stated that he went into Bungalow Wine & Spirits to talk to Mr. Shin and Mr. Lee. He stated he explained that they had sold liquor to a visibly intoxicated person. Sundberg stated that Mr. Shin told him they went to all the City's liquor training sessions and that Mr. Meagher was not intoxicated. Sundberg stated that Mr. Meagher's speech was slurred and that Mr. Shin stated Mr. Meagher always talked like that. Officer Sundberg stated that he served the summonses for selling to persons prohibited the next day. On cross-examination, Attorney Michael Rennich asked Officer Sundberg if his training taught him to identify legally or visibly intoxicated persons. Sundberg stated that signs of intoxication such as bloodshot eyes and slurred speech, could be the same for visibly or legally intoxicated persons. Attorney Rennich asked Sundberg if it was easier for him to spot a legally intoxicated person than for a lay person. Sundberg stated that he possibly could more easily identify a legally intoxicated person, based on his training. Rennich asked Sundberg if he had formed any conclusions when he came across the vehicle parked away from the curb in a fire lane at 10:30 at night, that perhaps the owner had been drinking. Officer Sundberg stated that his first thought was that the vehicle belonged to someone in the laundry mat with a big load to carry. Rennich asked Sundberg who owned the vehicle. Sundberg stated he did not check the license plate but assumed that since Mr. Meagher had keys to the car and gave police permission to move the vehicle, the car belonged to Mr. Meagher. Attorney Rennich asked Officer Sundberg to give his opinion as to the level of intoxication of a person that consumes four beers in one hour versus four beers in thirty minutes. Sundberg stated that there are variables 7 \ \FRED\VARKAN~LIQUOR\2001 \MIN UTES\MiN UTES022601.DOC