Local Licensing Authority Minutes 2001 10 29

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Louisville Local Licensing Authority Meeting Date: October 29, 2001 which involved two individuals purchasing drinks for their boss as part of a going away party with the intent of getting him intoxicated. Barnett stated that the individual was contacted in the parking lot of Pine Street Junction by two Louisville police officers who believed the man was intoxicated. The result of his BAC was .209. Attorney Barnett stated that, while there is sufficient evidence to conclude that the licensee did sell to and serve a visibly intoxicated person, he is requesting the Authority review and consider the reasons for dismissal outlined in his written recommendation. Attorney Barnett stated to the Authority that the dismissal is part of the larger resolution of both Show Cause Orders. He stated that the licensee had not had any alcohol related incidents in the past three years, and that the licensee and staff have been very cooperative throughout the investigation. Attorney Barnett summarized for the Authority the circumstances surrounding the May 17, 2001 incident. He stated that the party started with one server, and that when the shift changed, the server changed. Barnett stated that there was no communication between the two servers as to the amount of alcohol consumed by the indMduals participating in the going-away party. Attorney Barnett stated that the same lack of communication existed when patrons moved from between the restaurant area and the patio area. Attorney Barnett continued on to the August 17, 2001 incident and offered the Authority his opinions regarding the incident. Barnett stated that he would not be addressing the facts surrounding the incident because the licensee and staff of the licensee involved in the incident were present to testify. Barnett stated that the events on the evening of the incident could be broken down into two separate events. Attorney Barnett stated that the first event was a fight, which resulted in a woman being punched in the face. Barnett stated that several staff members were aware of what had occurred, and that one staff member had even assisted the female patron in the ladies restroom, yet none of the staff reported the incident to management or the police. Barnett stated that the second event occurred outside the establishment in the parking lot. Attorney Barnett stated that the police department was contacted regarding criminal activity and the theft of some personal items taken from a female patron's car. He contended that he police report reflects no mention of the first incident, because management was not aware of the events that had occurred earlier in the evening. Barnett stated that, as part of the Stipulation and Agreement, the licensee has admitted to selling to and serving a visibly intoxicated person as well as failure to report a disturbance. Barnett stated that the recommended sanction contained in the agreement is more severe than that which would be required for a first offense, however, he indicated that he felt the sanction to be appropriate given the serious nature of the violations and in consideration of the May incident. The proposed agreement calls for a twelve day suspension, with seven days being served and five days held in abeyance for a period of one year. Additionally, the licensee agrees to maintain and abide by the policy and procedure guidelines established by the licensee and included in member packets. Attorney Cliff Carney started by introducing Eric Maes and Rudolfo D'onofrio, owners of Pine Street Junction. Attorney Carney stated they were present at the meeting to display their commitment to resolve the issues before the Authority. Attorney Carney stated that the licensee admits that violations occurred and that mistakes were 6 \\FRF~D\VARRAN M~I Qu OR\2001 \MI N UTES~MINUTES 102901.D OC