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Louisville Local Licensing Authority <br />Meeting Date: May 14, 2001 <br />10 <br />generate a certain amount of business to cover the checks. Mr. Davis stated that they also recendy switched <br />banks and have been assured that once the business loan is paid off, they will be given a line of credit. <br /> <br />Vice Chairperson Lipton asked Mr. Davis if there were any more checks that have been written since March <br />2001, that will be "short checks." Mr. Davis stated he was not aware of any problem checks. <br />Authority Chairperson Myers called for Authority comments. <br /> <br />Vice Chairperson Lipton questioned how imposing the three days held in abeyance would affect their <br />business, and stated she did not want the suspension to be detrimental. Lipton asked if the three days could <br />be served after the loan is paid off. Chairperson Myers stated that the Authority could choose what days are <br />to be served. LiptOn stated the licensee should be given a chance to get the loan paid off before imposing <br />the three day suspension, and stated her hope that there would be no further incidents involving short <br />checks or the licensee would be back before the Authority. <br /> <br />Attorney Harrington stated that the Authority must establish the dates of the suspension to be served, and <br />that they may not impose the suspension sooner than ten days from the hearing, but that there is no outside <br />date criteria. Harrington reminded the Authority that the liquor license for this licensee is up for renewal in <br />July, and that imposing the suspension beyond the date for renewal might complicate the renewal process. <br /> <br />Vice Chairperson Lipton asked about the possibility of postponing a decision by the Authority until June, by <br />which time a new report would be available from the state indicating any further problem payments. <br /> <br />Chairperson Myers stated that the Authority needs to consider three matters. First, whether the three days <br />held in abeyance should be served, secondly what penalty is appropriate for the current violation and third, a <br />determination of when the penalties, if any, should be served. <br /> <br />Myers stated that this is the third time Holly & Mike's Ribs, Inc. have been before the Authority on the <br />same issues. The first dme, no action was taken, and the licensee was warned not to continue these <br />practices. The second time, a Show Cause hearing was ordered, and the licensee was told again to <br />discontinue writing short checks. At the second hearing a three day suspension was ordered, all days held in <br />abeyance. Myers stated that this is the third hearing on this matter and that while he is sympathetic to the <br />struggles they have endured, feels that they must be held accountable for their decisions and actions. Myers <br />stated his opinion that sales tax monies belong to the state and they should be paid first and foremost. <br /> <br />Chairperson Myers stated his opinion that the Licensee should serve the three days held in abeyance and <br />that the Authority could impose an additional seven days for a second violation, his preference being a small <br />number of those days served with a majority of the days held in abeyance. <br /> <br />Member Sackett asked Attorney Harrington how having days held in abeyance would affect the licensee's <br />renewal application. Attorney Harrington stated that having days held in abeyance is not a problem since <br />they are usually held for a twelve month period. Harrington advised the Authority that regardless of what is <br />determined at this hearing, the issue could be revisited in July at the time of the licensee's renewal. <br /> <br />Chairperson Myers stated his preference that the three days held be served sooner rather than later since this <br />issue has been ongoing. Myers also stated that the testimony given by Mr. Davis that all payments are now <br />current, does not in any way mitigate his feelings concerning this violation. <br /> <br />Member Sackett stated that, although she was not a member of the Authority at the time of the previous <br />hearings for this licensee, she has tried to run businesses that were in big trouble and can appreciate how <br /> <br /> 10 <br /> ~\FRED\VARRAN\LIQUOR\2001 \M1NUTES\M1NUTES051401.DOC <br /> <br /> <br />