Local Licensing Authority Agenda and Packet 2015 01 26

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Local Licensing Authority Minutes December 8, 2014 Page 4 of 7 Mr. Weissmann called Stephanie Stinson to the stand. She was sworn in. She reported she was the bartender on duty when Mr. Sanders came to the bar. He ordered a drink, dranka few sips, began to tell her a story and started to get repetitive, so she left the area. He then began to hang his head and appear asleep, so she called the police. When the officers arrivedand took the patron outside, they asked her a few questions. Ms. Brown asked Stephanie what the conversation with Mr. Sanders had been about. Ms. Stinson said he was upset about a previous visit to the Blue Parrot. Stephanie reported Mr. Sanders had not ordered a pizza from her. The officers showed up about five to ten minutes after the call to dispatch. Ms. Brown asked about restaurant policy concerning any employee consequences if liquor violations occurred. Ms. Stinson stated she didn’t know what the consequences might be, but conceded it could include lossof a job. Vice-Chairperson Lipton called for any rebuttal evidence. None was heard. Vice-Chairperson Lipton called for closing statements. Ms. Brown re-capped how Mr. Torrez testified he had made arrangements with Henry’s to call him and limit Mr. Sanders to two drinks. Ms. Stinson was noted in the report saying Mr. Sanders had not consumed any of the drink placed in front of him, however tonight she said he had taken about a fourth of it. Ms. Brown said it defied common sense to think someone could have drinks at one bar, be identified as visibly intoxicated and refused service and then walk across the street and not appear intoxicated. She asked the Authority members to consider the witness statements and their motivation and find there was cause to find the establishment had violated the citations noted in the show cause order concerning serving to a visibly intoxicated person. Mr. Weissmann notedthe establishment should have taken the drink away, but did not feel there was any evidence to show the bartender had served a visibly intoxicated person. He noted they were the ones who made the call to the police. He stated it is a matter of a judgement calland did not believe Ms. Stinson would make any decision in fear for her job. Ms. Brown noted the burden of proof was on the City andthe standardwas by a preponderance of the evidence; it was more likely than not this occurred. She noted this was a judgement call and concerned the safety of the public. Vice-Chairperson Lipton closed the hearing and called for Authority deliberation. Hughes found all three of the witnesses credibleandnoted there was no argument some drinking took place at another establishment. There was a question about whether or not Mr. Sandersdrank some of the drink, but only one witness to whether he appeared intoxicated when the drink was served. He felt the bartender did not believe she did anything wrong in the service of the drink as