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Louisville Local Licensing Authority <br />Meeting Date: October 29, 2001 <br /> <br />address he gave police does not exist, and there was no phone number listed in the police report. <br /> <br />Barnett stated that it is not possible for him to substantiate positively how much alcohol was <br />consumed by this person while at Henry's, nor is it possible for him to conclusively establish <br />whether or not this person's demeanor was abnormal since no one had ever seen him before or <br />since this incident. Barnett stated that the owner and the bartender were both very cooperative <br />during his investigation. Attorney Barnett stated that based on these facts, he is requesting the <br />Authority dismiss this case. He stated that, should the Authority deny his recommendation for <br />dismissal of the Show Cause Order, the owner and the bartender are prepared to proceed with a <br />hearing and appear before the Authority. <br /> <br />Member Kimmett asked Attorney Barnett if the witness he interviewed confirmed the quantity of <br />drinks that were served. Barnett stated that his witness could not confirm that portion of the <br />bartender's statement, and that the witness stated he had no reason to be counting drinks. <br /> <br />Chairperson Lipton asked Attorney Barnett if he was able to locate the "friend" that came in with <br />the individual. Attorney Barnett stated he could not locate either party. <br /> <br />Chairperson Lipton called for any member questions or comments. <br /> <br />Member Jeffers stated his opinion that, based on the findings of Special Prosecutor Barnett, the <br />motion for dismissal was appropriate in this matter. Member Jeffers stated his opinion that the <br />Authority should send the licensee a letter indicating concern over the apparent inability for staff to <br />recognize intoxication in their patrons. All members concurred. <br /> <br />Member Jeffers moved to accept the Order for Dismissal of the September 18, 2001 Order to Show <br />Cause for Hei Han Enterprises, Inc., d/b/a Henry's Bar & Grill. Member Sackett seconded the <br />motion. Roll Call Vote: Lipton - yes, Sackett - yes, Koertje - yes, I~dmmett - yes, Jeffers - yes. All <br />members were in favor, motion carried. <br /> <br />C0 <br /> <br />Proposed Stipulation and Agreement - S.T. Thede, Ltd., d/b/a Pine Street Junction <br />- Hotel & Restaurant Liquor License - 1006 Pine Street. <br /> <br />Prosecuting Attorney Steve Barnett and counsel for the licensee, Attorney Cliff Carney greeted the <br />Authority. <br /> <br />Attorney Barnett stated that the Stipulation and Agreement is for both the August 27 and September <br />25, 2001 Orders to Show Cause. Attorney Barnett stated that the proposed agreement calls for <br />dismissal of the alleged violations contained in the August 27, 2001 Order to Show Cause. In <br />return, Barnett stated, the licensee is admitting to the violations contained in the September 25, 2001 <br />Order to Show Cause. Attorney Barnett stated that, should the Authority deny the proposed <br />Stipulation and Agreement, both cases would be set for hearing at a future date. <br /> <br />Attorney Barnett requested the Authority review the Prosecutor Points of Information, the Defense <br />Points of Information and the policies and procedures adopted by the licensee, which are contained <br />in member packets. <br /> <br />Attorney Barnett summarized for the Authority his investigation of the May 17, 2001 incident, <br /> <br /> 5 <br />\\FRED\VARI1.AN \LI QUOR\2001 ~MIN UTE~S~MINUTES 102901.D OC <br /> <br /> <br />