Local Licensing Authority Agenda and Packet 2015 01 26

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Local Licensing Authority Minutes December 8, 2014 Page 6 of 7 C.Louisville Municipal Code § 9.22.060, stating in pertinent part that no person “shall sell, serve, give away, dispose of, exchange or deliver, or permit the sale, serving, giving away or procuring of, any alcohol beverages, as defined in section 9.22.010, . . . to a visibly intoxicated person, or a known habitual drunkard.” andthat the Authority Attorney be directed to prepare a draft of final findings, conclusion and an order for consideration at the Authority’s next meeting to be held in January 2015 and further moved to continue the matter to that time. Lipton seconded. Roll Call Vote: Lipton – yes, Tennessen – yes, Machado – no, Hughes – no. Carlson absent. Tie Vote. Authority Attorney Culley outlined options the Authority had available if no consensus could be met, including continuing to discuss the evidence presented. Authority members chose to continue discussion.Discussion centered on the timeline of the service of the drink and observations by the bartender. Hughes moved the Authority find that insufficient evidence had been presented to support the charges stated in the Show Cause Order and that the charges be dismissed. Machado seconded. Authority Attorney clarified this included directions to the Secretary to prepare an order for dismissal. Both agreed. Roll Call Vote: Machado – yes, Hughes – yes, Lipton– no, Tennessen – yes. Carlson absent. Motion passed. Ms. Brown thanked the Authority. Mr. Weissmann thanked the Authority and stated this incident had clearly heightened awareness for all staff when serving alcoholic beverages. Police Department Reports A.Incident Report – Henry’s – 10/26/14 This incident involved police observing and contacting an apparently intoxicated pedestrian. The person contacted reported having been at Henry’s. The police then contacted the owner of Henry’s. Authority members asked some questions concerning the timeline of events. Sergeant Lanphere stated he would follow up with the officer and report back to the Authority at their February 2015 meeting. Machado moved the Authority continue this matter until the February2015 meeting to obtain more specific information.Hughes seconded. All in favor. Carlson absent. B.Incident Report – Outback – 11/2/14 A welfare check by police at a local hotel resulted in reports of the individual having been drinking at the Outback. Authority members noted there was a significant time lapse between when the individual was reported to have been at the establishment and contact by police. Authority members agreed there was no further action to be taken on this report.