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Louisville Local Licensing Authority <br />Meeting Date: June 25, 2001 <br /> <br />Lipton asked the attorneys for the City and Licensee please identify themselves and state ~vhether <br />they are ready to proceed. <br /> <br />Prosecuting Attorney Bruce Joss greeted the Authority and stated that he would be presenting a <br />proposed disposition in this matter. Attorney Joss stated that the show cause order stated five <br />separate charges and that the f~rst four related directly to sales and service to a visibly intoxicated <br />person, and the fifth charge pertains to the failure of the licensee to provide meals during the <br />required hours as required by state law. <br /> <br />Attorney Joss stated that he has investigated the matter and interviewed witnesses and that based on <br />his investigation, recommends a 90 day deferred prosecution for the food service charge, and that <br />the four charges related to sales and service to a visibly intoxicated person be dismissed. <br /> <br />Joss stated that he did not wish to specifically discuss the circumstances surrounding his <br />recommendation to dismiss the "visibly intoxicated" charges in the event the Authority should <br />chose to deny the proposed disposition and proceed ~vith a hearing. Attorney Joss stated that he <br />and the Licensee, Jim Hayden were available for any questions. <br /> <br />Chairperson Lipton asked Mr. Hayden if there was a reason food was not available the evening of <br />this incident. <br /> <br />Mr. Hayden came forward to the podium to ans~ver the question. Deputy City Clerk Bolte asked <br />Mr. Hayden to raise his right hand and proceeded with the oath, "do you solemnly swear or affirm <br />under penalty of perjury that the testimony you are about to give will be the truth the whole truth <br />and nothing but the truth.>" <br /> <br />Mr. Hayden: yes. <br /> <br />Mr. Hayden stated that he was in the process of working on an evening menu. He stated that on <br />that particular evening the cook was supposed to inform the bartender that food was available; <br />however, the cook did not precook the food as instructed. <br /> <br />Chairperson Lipton asked how long prior to this incident meals have not been available during the <br />required hours. Mr. Hayden stated that he had just become aware of the meal requirement in a <br />recent liquor training session. He stated that they have always provided chips, nuts, and beef jerky. <br />Mr. Hayden stated he thought that the law had changed at the beginning of the year. <br /> <br />Chairperson Lipton questioned whether this law was new or recently revised. Authority Attorney <br />Harrington and Deputy City Clerk Bolte stated that the law was not new, nor had it been revised. <br /> <br />Mr. Hayden stated that he has held a hotel and restaurant liquor license for fourteen years and that <br />he had never been informed of the meal requirement, nor had it ever been enforced in the past. <br /> <br />· Mr. Hayden stated that they now have a nighttime menu in place, which includes ham and turkey <br /> sandwiches with potato salad or cole slaw and potato chips; honey dipped chicken, chicken nuggets, <br /> hot wings with celery and ranch dressing. Hayden continued that he was also working to add salads <br /> to the menu. <br /> <br />G:\LI QU OR\2001 \MINUTES\MINUTES062501.DOC <br /> <br /> <br />