Local Licensing Authority Minutes 2001 10 29

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Louisville Local Licensing Authority Meedng Date: October 29, 2001 Attorney Carney stated that in the police report, a person named "James" stated he was prevented from leaving the premises. Carney stated "James" had already left once and then came back. It was after he returned and began to leave the second dme that Ms. Wagausack asked him not to leave because she had witnessed the earlier fight. Attorney Carney continued that Ms. Mannion stated that "James" and the female patron sat at the back of the bar and in a period of an hour and a half she served him one pitcher of beer and the female one rum and coke, as well as some food. Ms. Mannion stated that it was possible that "James" had moved to someone else's table and ordered more drinks. Attorney Carney stated that one of the new procedures implemented by Pine Street Junction is that when a member of the staff starts waiting on a table, then they have to finish the table, even if the parties move to another area. Attorney Carney stated that Ms. Wagausack thought "James" was intoxicated when he came up to the bar, and she cut him Off. She also told the bartender not to serve him. Carney stated that both Ms. Mannion and Ms. Wagausack stated that a black guy came up to the table, threatened "James," and then drew back to hit him. At that time the female patron stood up and ended up getting punched in the face. Both staff members stated that they should have called the police to report the incident and would not neglect to do so again. Attorney Carney rev!ewed the terms of the Stipulation and Agreement and reiterated that the owners, staff, and three regular patrons of Pine Street Junction were available to answer any Authority questions. Authority Chairperson Lipton called for Authority questions and comments. Member Kimmett stated that he liked the guidelines and policies that were prepared by the licensee. He suggested that the sentences on page one and two that pertain to contacting the police be put in bold letters. Member Jeffers stated that overall, he liked the contents of the Stipulation and Agreement, and that he appreciated the owners, staff, and patrons being present at the meeting. Jeffers stated that did not want to hear any testimony in case the Authority does not approve the proposed agreement, and the matter proceeds to a hearing. Member Jeffers stated that the proposed penalty is appropriate given that the establishment has taken the matter seriously and has developed written procedures for staff. Member Jeffers stated that he did not agree with some of the language used in the agreement. He continued that he was not in favor of the first incident being dismissed and the second incident being considered one violation and a first offense. Jeffers stated that there are potentially four violations contained in the two Orders to Show Cause. Member Jeffers stated that he would like the violations for the May incident admitted, the last sentence of paragraph 3 indicating that the incidents be considered a first offense stricken, or both. Jeffers stated his preference for the licensee to admit to the May violations. Member Jeffers stated he did not want the Authority's penalty guidelines dictated to it, nor did he want to set precedence for future proceedings. Attorney Carney and Member Jeffers briefly discussed and clarified the changes to the language in the proposed Stipulation and Agreement. 8 ~\ FRED~VARRAN MJQUOP,.~2001 ~MINUTES~MIN UTES102901.DOC