Local Licensing Authority Minutes 2001 11 19

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Louisville Local Licensing Authority Meeting Date: November 19, 2001 transfer of the liquor license be granted. Member Jeffers seconded the motion. Member Jeffers suggested additional member discussion before the vote. Member Kimmett and Chairperson Lipton both stated their concerns with the language used for question #22 of the Individual History Record. Member Jeffers stated that perhaps the issue should be discussed with State Liquor Enforcement. Member Jeffers suggested that the Authority Secretary include as part of the City liquor packet, detailed instructions on how to answer question #22. Member Jeffers raised the question of whether the material omissions were intentional and secondly, whether the violations themselves are just cause to find the applicant not of good moral character. Jeffers stated his opinion that the convictions do not relate to the applicant's moral character, however, he expressed concern that the wrong message was being sent in that these types of convictions are acceptable to the Authority. Roll Call Vote: Lipton - yes, Koertje - yes, IGmmett - yes, Jeffers - yes. All members were in favor, motion carried. Chairperson Lipton asked Attorney Light if there was some way to get clarification from the state on question #22 and its intent. Light stated that a letter could be sent to the state noting the confusion and perceived ambiguity, and further, the City could request a declaratory position statement which would create administrative law as to what that specific question is. POLICE DEPARTMENT REPORT A. Incident Report - Druids Arms Member Jeffers asked Clerk Bolte if Sergeant Riggins would be attending the meeting. Bolte stated that she did not know, but that he had been given a packet. Member IGmmett stated that this was the second month in a row that there had been no representation from the Police Department, and that if Sergeant Riggins is unavailable, someone else should attend in his place. Member Koertje concurred. Deputy City Clerk Bolte stated that the police department was advised of the discrepancies with the dates given on the police report. The incident date given was 9/30/01, the report date 10/1/01, and the narrative date 9/29/01. A supplemental report clarifying the date of the incident is contained in the member packets. Member Jeffers asked Clerk Bolte if any municipal summons had been issued as a result of this incident. Bolte stated she did not know. Member Jeffers asked Clerk Bolte to obtain any supplemental reports including the follow-up report noted at the end of paragraph one in the summary on the person charged with a DUI. Members discussed the contents of the incident report and determined that the Authority should order a Show Cause Hearing citing the "apparendy" and "visibly" intoxicated state statutes and 11 ~M qUi(D~VARI~.AN \i2QU O1{.~2001 ~MIN UTES~MINUTES 111901.DOC