Local Licensing Authority Minutes 2001 03 26

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Louisville Local Licensing Authority Meeting Date: March 26, 2001 3 stated that this point was important because it demonstrates that Mr. Meagher was not acting as he normally did. Chairperson Myers stated that he was in agreement with the revisions stated by Member Jeffers and that he would also like to have item P. stricken. Member Sackett and Jeffers were in agreement. Members stated that the only items remaining to be discussed are any aggravating or mitigating circumstances and penalties to be imposed. Attorney for the licensee, Michael Rennich came forward to address the Authority. Attorney Rennich stated that Mr. Minchul Shin, employee of Bungalow Wine & Spirits was also present at the hearing. Rennich stated his understanding that three days have been held in abeyance from a previous violation concerning the sale of alcohol to a visibly intoxicated person. Rennich stated his understanding that the previous incident involved contact with an intoxicated individual a half an hour to forty-five minutes after the sale occurred and that, although he was not involved with that case, felt that the licensee should have allowed a hearing on that incident. Attorney Rennich continued that he did not feel the evidence and testimony offered during the Show Cause hearing in this matter proved that Mr. Meagher was intoxicated inside the liquor store. He also recapped the testimony of Louisville Police Sergeant Jerry Riggins who stated that the cooperation of the licensee had been "exemplary." Attorney Rennich asked the Authority not to impose a lengthy suspension and that such decision would be counterproductive. Rennich stated that the Authority was not obligated to have the licensee serve all three days of the suspension held in abeyance from the previous violation, nor obligated to add additional suspension days. Attorney Rennich requested the Authority impose a two-day suspension with one day to be a Friday, the day on which the violation occurred, and the other day to be a Thursday. Attorney Rennich stated that closing Bungalow Wine & Spirits for more than the two days suggested would cause undue financial hardship. Rennich also stated that he is not able to request a "fine in lieu of" for this violation because Louisville does not have an ordinance in place that would allow such terms. Additionally, this option would not be available because there has been a violation within the past two years. Attorney Rennich urged the Authority to consider incorporating "fine in lieu of" penalties. Members briefly discussed that they would be interested in pursuing a "fine in lieu of" ordinance with City Council. Attorney Kelly stated that she had discussed this issue with City Attorney Sam Light and that he stated it would take some time to draft the ordinance and be approved by Council. Member Jeffers asked what the circumstances were for the previous liquor violation by Bungalow Wine & Spirits. He recalled that one incident involved contact with an adult in an alley almost an hour after the sale but that another incident involved a juvenile. Jeffers stated that he did not believe a show cause hearing was ordered for the incident in the alley due to the lapse of time. Jeffers asked Attorney Kelly if the licensee served suspension days for the previous violation, or if the three days being held in abeyance was the penalty imposed. Attorney Kelly stated her recollection that three days were imposed, and all three were held in abeyance. Member Jeffers asked Deputy City Clerk Bolte to leave the meeting to obtain a copy of the previous Order from central files. Bolte left the meeting. Chairperson Myers stated that all three days imposed for the previous violation were held in abeyance according to the March 13, 2000 Stipulation and Agreement. 3 ~\FRED~VARRAN \L1QUORN2001 ~M1NUTES\M1N UTES032601 ,DOC