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Louisville Local Licensing Authority <br />Meeting Date: May 14, 2001 <br />6 <br />these payments are never indicated as "short checks," which is defined by the state as a stop payment or <br />NSF. <br /> <br />Authority Chairperson Myers asked Ms. Ray how the state determines whether a payment is a short check <br />or simply an underpayment. Ms. Ray stated that the state does not make any determination on under <br />payments. Ray stated that she analyzes the report looking for payments that do not match the liability <br />amount, and reports these shortages to the state. Again, Ms. Ray stated that a "short check" indicates a <br />payment returned NSF or a stop payment, not an underpayment. <br /> <br />Chairperson Myers stated they had no further questions for Ms. Ray. Myers asked Attorney Barnett if he <br />had any further witnesses or evidence to present to the Authority. Barnett stated he had nothing further. <br /> <br />Myers called Attorney Moore to present his witnesses and evidence. <br /> <br />Attorney Moore called Michael G. Davis, 1477 Franklin Ct., Louisville, CO, Secretary and Treasurer for <br />Holly & Mike's Ribs, Inc., d/b/a Hickory Sticks Smokehouse & Grill. <br /> <br />Deputy City Clerk Bolte asked Mr. Davis to raise his right hand and proceeded with the oath, "do you <br />solemnly swear or affirm under penalty of perjury that the testimony you are about to give will be the truth, <br />the whole truth, and nothing but the truth." <br /> <br />Mr. Davis: yes. <br /> <br />Attorney Moore asked Mr. Davis if he provided the copies of checks and check stubs contained in the <br />member packets. Ms. Davis stated that he did. <br /> <br />Moore asked Mr. Davis to explain the payment documents to the Authority. <br /> <br />Mr. Davis asked the Authority to refer to the page containing copies of check #1391, #1418 and #10000, <br />with notations on the bottom. Mr. Davis stated that the name Noel Hasselgren noted, is the name of agent <br />Doug Kowalis' supervisor. He stated there was also the letters "RDWP" and two amounts, $7,603.87, <br />$5,448.87 noted on the photocopy. <br /> <br />Mr. Davis stated that on January 12, 2001, agent Kowalis came to the restaurant with this copy and stated <br />that the three payments had been reversed out and that Holly & Mike's Ribs, Inc., would have to make good <br />on the these payments. Mr. Davis stated that he was told by Mr. Kowalis to call Mr. Hasselgren and to <br />bring in certified funds by January 17, 2001. Mr. Davis stated that once the payment was made, their <br />account would be current through the end of 2000, except for the December 2000 payment. <br /> <br />Mr. Davis stated that the $7,603.87 amount noted on the copy was the total amount of sales tax, penalties <br />and interest owed. Davis continued that they were told, since the state had made some errors on their <br />account, the state was going to back out approximately $2,200 in penalties and interest leaving a balance of <br />$5,448.87 due by Holly & Mike's Ribs, Inc. <br /> <br />Attorney Moore stated that Mr. Davis received written notice along with the photocopy of the checks from <br />the state outlining the payment details and asked Mr. Davis if that was correct. Mr. Davis stated he received <br />the copy from Mr. Kowalis. Moore asked Davis if he received a written notice dated January 17, 2001 <br />regarding the same issue. Mr. Davis stated that Mr. Kowalis brought a notice with the copy of the checks, <br />but that he did not have a copy of that document with him. <br /> 6 <br /> \~FRED\VARRAN\LIQUOR\2001 \MINUTES\MINUTES051401.DOC <br /> <br /> <br />