Local Licensing Authority Minutes 2001 10 29

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Louisville Local Licensing Authority Meeting Date: October 29, 2001 successful closing November 4th, and 3) have the new owner operating the store November 5th. Member Jeffers stated his concern that a contingency was not contained in the Stipulation and Agreement, in the event that the sale does not go through. Attorney Shapiro stated that if the Authority is not presented with all the signed affidavits noted in the agreement, or if the documents provided to not meet the standards of the Authority, they would proceed with the Show Cause Hearing on November 19th. Attorney Kang concurred with Attorney Shapiro's statement. Member Kimmett moved to approve the Stipulation and Agreement for Bungalow Wine & Liquors, Inc., d/b/a Bungalow Wine & Spirits as presented. MemberJeffers seconded the motion. Roll Call Vote: Koertje - yes, Sackett - yes, Lipton - yes, Kimmett - yes, Jeffers - yes. All members in favor, motion carried. Attorney Kang asked if the affidavits signed by the current licensee and proposed purchaser should be forwarded to the Authority at this time. Member Jeffers suggested they be given to the Authority Attorney. Attorney Harrington accepted the affidavits for review on behalf of the Authority. Member Jeffers moved to grant the Motion for Continuance of the Show Cause Hearing for Bungalow Wine & Liquors, Inc., d/b/a Bungalow Wine & Spirits to November 19, 2001. Chairperson Lipton seconded the motion. Roll Call Vote: I~mmett - yes, Koertje - yes, Sackett - yes, Lipton - yes, Jeffers - yes. All members were in favor, motion carried. Proposed Dismissal - Hei Han Enterprises, Inc., d/b/a Henry's Bar & Grill - Tavern Liquor License - 935 Pine Street. Prosecuting Attorney Steve Barnett greeted the Authority. Attorney Barnett stated that based on his investigation of this matter, he is recommending the Authority dismiss the Order to Show Cause. Barnett stated that the incident occurred in May, 2001 and involved contact with an individual by two Louisville police officers who noticed the person weaving as he departed Henry's Bar & Grill. Subsequent investigation by the officers resulted in the issuance of summonses to both the owner and the bartender. Attorney Barnett stated that the police interviewed the bartender and that the bartender stated the individual came into the bar, played some pool, and was served two rounds of drinks each consisting of a beer and a shot. The bartender stated that the person started getting loud so she cut him off and he left the bar shortly afterwards. The bartender stated that she had never seen him before and has not seen him since. Attorney Barnett stated that there had been a witness at the bar that evening that the police did not intervie~v. Barnett stated that he was able to talk with this witness and that he concurred with the bartender's statement. The witness stated that he had also never seen the individual before or since the incident. The witness stated that the man came in with a friend, played pool, and then started getting loud at which time he noticed the bartender cut him off. Attorney Barnett stated that he has tried to contact the person involved in this incident, but that the 4 \~FRED\VARRAN~LIQU OR\2001 ~MINUTES~MINUTES102901.DOC