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

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the drive-through window and all of that just because one person isn't there. If you understand that you have some options, we don't want to impact your profitability as a business by trying to comply with the liquor rules. Kan: That's good to know, thank you. Smith: Do we need to vote on a penalty or are you going to discuss that? Schoen: Mr. Chair, the original license was issued in May of 2013. There has been no previous violation. The Licensee took responsibility and based on that, we are recommending $1,000 fine, $500 suspended for one year on the condition there will be no similar violations within the year and that amount will be payable to the Department of Liquor Control within 30 days of receipt of the Decision and Order. Smith: Okay. I need a motion on that. Mukai: I move to accept the legal counsel's recommendation. Taniguchi: Second. Mr. M u kai moved that the Licensee in Case No. 2018-012, be assessed a penalty in the amount of $1,000 with $500 suspended for one year from the date of service of the Decision and order, on the condition that there is no similar violation relating to Rule 5-2, and that $500 is to be paid within thirty (30) days upon receipt of the Decision and order; seconded by Mr. Taniguchi. Smith: Any discussion? There was no discussion from the Board Members. Smith: All those in favor say, "Aye." The Board Members voted "Aye." Smith: No opposition, motion carried. The motion was carried unanimously. Chu: I have something to add to this. Smith: what would you like to say? Chu: I think the fine is a little high only because as part of the discovery process, they asked for our sales for that evening and there were only three sales during that time. I just want to say that Longs did not unduly profit during that period of time. I think a thousand dollar fine is high considering the amount of sales. Smith: Okay. FEBRUARY 27, 2019 - LIQUOR ADJUDICATION BOARD MINUTES 5