2019-02-21 Liquor Adjudication Board Minutes (2)

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.r~ ,0aft. Mukai: I'd like to vote. Her motion is still on the floor, right? Masuda: No, she has no motion. She issued the recommendation. Mukai: I'd like to make the motion that we fine the Licensee $250 for this violation. The rationale... Masuda: You can speak your motion, if there's a second. Taniguchi: Second. Mukai: The rationale for this and because we have concerns about their responses were to us. I felt that the recommendation of the. $150 fine should be increased to let them know of the seriousness of their not communicating with the Department. This sends them a message. The fine amount is not astronomical where it hopefully will not hurt their business too negatively, but at least it will send a message to them that there should be open lines of communication with the Department in reasonably addressing the violation. Smith: Motioned. Taniguchi: I second. Mr, Mukai moved that the Licensee in Case No. 2018-011, be assessed a penalty in the amount of $250, to be paid within thirty (30) days upon receipt of the Decision and order; seconded by Mr. Taniguchi. Smith: Seconded. I have a question. Do the facts support that level of fine? Gonzalez: From the Department's perspective I would say there is. Based on the discussion and the review of the reports and evidence, there is evidence to support that and this is not imposing a punitive type of penalty. Smith: Assuming we pass this and assess the fine of $250, wait thirty (30) days, if they don't make payment, then you'll file additional charges and that would be added to the next (matter) that would come before us and could have an increased penalty or further consequences? Gonzalez: Correct, yes. Smith: okay. All those in favor say, "Aye." The Board Members voted "Aye." Smith: Any opposition? There was no opposition from the Board Members. Smith: Hearing none, motion carried. A written Decision and order will be prepared and served upon the Licensee, which shall be due and payable within thirty (30) days of its receipt. FEBRUARY 21, 2019 -LIQUOR ADJUDICATION BOARD MINUTES 25