Local Licensing Authority Minutes 1998 11 30

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railroad tracks, were grounds for not pursuing the prosecution. Relative to Mr. Martin, Mr. Joss felt that there may have been prosecutable grounds to proceed, however, also there was a gap of time from the time that he lef~ the American Legion. Based upon those findings, Mr. Joss contacted the representatives from the American Legion. Mr. Joss stated that they were quite cooperative and very interested in addressing the issues. As indicated in the police report, the bartender did volunteer that he had not receive any liquor code training. The American Legion has been quite responsive to address that and has voluntarily agreed to training classes, not only for immediate staffbut for the Executive Board that oversees the operations of the Club. He felt that this was a step in the right direction, and asked the Authority to approve the Stipulation and Agreement. Lipton asked Mr. Joss what determined the date of closure? Joss stated that he agreed that the American Legion one day closure should af~er the holidays, due to their heavy schedule of pre-arranged banquets and facility bookings. Myers asked Mr. Joss why the two days were held in abeyance for six months, as opposed to one year. Joss stated that the two days held in abeyance for only six months was a result of the weakness of the facts of the case. He reiterated the gaps in time and the lack of witnesses who would come forward and testify. Chairperson Jeffers asked if the representatives from the American Legion Club would like to address the Authority. George Plumley, American Legion member stated that he have met with Mr. Joss in selection of the January 7, 1999 suspension date. He noted that all of the weekends were previously booked with weddings, anniversaries and holiday parties. The club chose a date that would not impact previously booked activities. Mr. Plumley noted that he and other club members had attended the last liquor training in Louisville. Attorney Light outlined the procedure, which includes two motions. The first motion would be to approve or deny the proposed Stipulation and Agreement. If the motion were to approve that doCUment, then a second motion would be requked to approve the Order for Suspension. Discussion on the Motion: Jeffers stated that he was pleased with the American Legion's willingness to work with the Authority in resolving this matter, and their commitment to alcohol training, however, he noted that he was in favor of a longer suspension. Lipton noted that she was concerned by statements in the police reports made by the bartender and other clients that patrons were served when apparently intoxicated. She would encourage continued training. CliffKonold, American Legion representative, commented that clubs licenses are much more than a bar.