Local Licensing Authority Agenda and Packet 2016 03 28

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Local Licensing Authority Minutes February 22, 2016 Page3of6 preceding the date of the complaint which resulted in the final decision to suspend the license. Lipton moved to approve the petition. She inquired if the Authority had to look at the moneys involved before approving the petition. Authority Attorney Culley noted the ordinance calls for the fine in lieu to equal 20% of the estimated gross revenues from the sale of alcohol beverages during the entire period of the proposed suspension. She noted the applicant had provided estimated revenue from last year for a seven day period. Todd Stoneman, attorney for the licensee, noted he had prepared the petition to pay based on the Municipal Code stating it should be based on a reasonable method to calculate. He based it on a similar timeframe from last year's sales and then calculated the 20% of those sales. Chairperson Tennessen noted there was a motion to approve on the table and called for a second. Lipton added the three findings noted by Attorney Culley to her motion. Machado seconded. Roll Call Vote: Machado — yes, Lipton — yes, Carlson — yes, Tennessen — yes and Hervey — yes. Attorney Stoneman asked for the timeline on paying the fine. There was no indication of a timeline in the Code so the Authority instructed the licensee to pay before the next meeting, March 28, 2016. Mr. Stoneman noted Josh Karp, owner of Waterloo was in attendance and wanted to address the Authority. Mr. Karp thanked the Authority and noted the acceptance of the fine was not an admission of guilt. He stated he felt the Authority did not make the right decision in taking the word of patrons of a different establishment over his trained staff. He noted his staff attends the training provided by the Police Department and he continues to require it. Authority member Lipton stated if a hearing had been held, Mr. Karp would have had a chance to present his side of the story. Mr. Stoneman felt he had been cut off at the last meeting when he was trying to speak to the facts of the case. Authority member Machado noted the licensee had reached a stipulation and now wanted to tell the Authority they had made the wrong decision after hearing the evidence, when in fact the Authority heard no evidence; only had the police report to read and determine to order the show cause. In the report,